By McCall H.B. No. 43 75R197 JD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the impoundment of the motor vehicles of certain 1-3 persons convicted of the offense of driving without a driver's 1-4 license or while a driver's license is suspended or revoked. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 42, Code of Criminal Procedure, is 1-7 amended by adding Article 42.038 to read as follows: 1-8 Art. 42.038. PERSON CONVICTED OF DRIVING WITHOUT DRIVER'S 1-9 LICENSE OR WHILE DRIVER'S LICENSE SUSPENDED OR REVOKED: IMPOUNDMENT 1-10 OF MOTOR VEHICLE. (a) In addition to any other punishment under 1-11 Section 521.021 or 521.457, Transportation Code, if it is shown on 1-12 the trial of the offense that in this or another state the 1-13 defendant has previously been convicted two times of the offense of 1-14 operating a motor vehicle without a driver's license or the offense 1-15 of operating a motor vehicle while the person's driver's license is 1-16 suspended or revoked, the court shall order the impoundment of the 1-17 motor vehicle being operated by the defendant at the time of the 1-18 offense, if at the time of the offense the defendant was an owner, 1-19 or was the spouse, child, or parent of an owner, of the vehicle and 1-20 the defendant, or the defendant's spouse, child, or parent, is an 1-21 owner of the vehicle on the date of conviction. 1-22 (b) The duration of an impoundment under Subsection (a) of 1-23 this article is 30 days. The court shall issue an order to the 1-24 sheriff of the county in which the court has jurisdiction to 2-1 impound the vehicle that is the subject of an order of impoundment. 2-2 The court shall impose a cost of $15 a day against the defendant 2-3 for the impoundment of the vehicle. 2-4 (c) An owner whose motor vehicle is impounded under 2-5 Subsection (a) of this article must, to transfer title to the motor 2-6 vehicle, apply for permission to the court that ordered the 2-7 impoundment. If the court finds that the transfer would be in good 2-8 faith and not to circumvent Subsections (a) and (b) of this 2-9 article, the court shall approve the transfer. If, while the motor 2-10 vehicle is impounded, title to the motor vehicle is transferred by 2-11 foreclosure, sale on execution, cancellation of a conditional sales 2-12 contract, or judicial order, the court shall order release of the 2-13 vehicle. 2-14 (d) On presentation to the sheriff who impounded the motor 2-15 vehicle of an order of release from the court and payment of the 2-16 cost of impoundment by the defendant or a person authorized by the 2-17 owner, the sheriff shall release the vehicle. A secured creditor 2-18 may obtain the release of a motor vehicle from impoundment on 2-19 presentation to the sheriff of a certificate of title with notation 2-20 of the secured creditor's lien and an accompanying affidavit from 2-21 an officer of the secured creditor establishing that the loan 2-22 secured by the motor vehicle is in default or has matured. 2-23 (e) A previous conviction may not be used under Subsection 2-24 (a) of this article if the offense was committed more than 10 years 2-25 before the date that the offense for which the person is being 2-26 tried was committed. 2-27 SECTION 2. This Act takes effect September 1, 1997. The 3-1 changes in law made by this Act apply only to the civil 3-2 consequences of a subsequent offense committed on or after that 3-3 date. An offense committed before the effective date of this Act 3-4 is covered by the law in effect when the offense was committed, and 3-5 the former law is continued in effect for that purpose. For 3-6 purposes of this section, an offense was committed before the 3-7 effective date of this Act if any element of the offense occurred 3-8 before that date. 3-9 SECTION 3. The importance of this legislation and the 3-10 crowded condition of the calendars in both houses create an 3-11 emergency and an imperative public necessity that the 3-12 constitutional rule requiring bills to be read on three several 3-13 days in each house be suspended, and this rule is hereby suspended. 3-14 COMMITTEE AMENDMENT NO. 1 3-15 Amend H.B. No. 43 as follows: 3-16 (1) On page 1, line 3, strike "without a driver's". 3-17 (2) On page 1, line 4, strike "license or". 3-18 (3) On page 1, line 8 and 9, strike "without driver's license or". 3-19 (4) On page 1, line 14 and 15, strike "operating a motor vehicle 3-20 without a driver's license or the offense of" 3-21 Talton