By Driver H.B. No. 170
75R1995 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the impoundment of the motor vehicle of a person
1-3 convicted of certain offenses relating to the operation of a motor
1-4 vehicle while intoxicated and of certain persons convicted of the
1-5 offense of driving while a driver's license is suspended.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subchapter S, Chapter 521, Transportation Code,
1-8 is amended by adding Section 521.4575 to read as follows:
1-9 Sec. 521.4575. IMPOUNDMENT OF MOTOR VEHICLE. (a) In
1-10 addition to any other punishment under Section 521.457, the court
1-11 shall order the impoundment of the motor vehicle being operated by
1-12 the defendant at the time of the offense, if:
1-13 (1) the defendant's driver's license was revoked or
1-14 suspended under Section 521.341(1), (2), or (3) or Section
1-15 521.342(a)(1) or (2); and
1-16 (2) at the time of the offense the defendant was an
1-17 owner, or was the spouse, child, or parent of an owner, of the
1-18 vehicle and the defendant, or the defendant's spouse, child, or
1-19 parent, is an owner of the vehicle on the date of conviction.
1-20 (b) The duration of an impoundment under Subsection (a) is
1-21 30 days. The court shall:
1-22 (1) issue an order to the sheriff of any county in
1-23 which the court has jurisdiction to impound the vehicle that is the
1-24 subject of an order of impoundment;
2-1 (2) impose a cost of $15 a day against the defendant
2-2 for the impoundment; and
2-3 (3) instruct the clerk of the court to notify each
2-4 lienholder of record, by certified mail, of the order of
2-5 impoundment.
2-6 (c) To transfer title to the motor vehicle, an owner whose
2-7 motor vehicle is impounded under Subsection (a) must apply for
2-8 permission to the court that ordered the impoundment. If the court
2-9 finds that the transfer would be in good faith and not to
2-10 circumvent Subsections (a) and (b), the court shall approve the
2-11 transfer. If, while the motor vehicle is impounded, title to the
2-12 motor vehicle is transferred by foreclosure, sale on execution,
2-13 cancellation of a conditional sales contract, or judicial order,
2-14 the court shall order release of the vehicle.
2-15 (d) On presentation to the sheriff who impounded the motor
2-16 vehicle of an order of release from the court and payment of the
2-17 cost of impoundment by the defendant or a person authorized by the
2-18 owner, the sheriff shall release the vehicle. A secured creditor
2-19 may obtain the release of a motor vehicle from impoundment on
2-20 presentation to the sheriff of a receipt issued by a county
2-21 assessor-collector with notation of the secured creditor's lien or
2-22 a certificate of title with notation of the secured creditor's lien
2-23 and an accompanying affidavit from an officer of the secured
2-24 creditor establishing that the loan secured by the motor vehicle is
2-25 in default or has matured.
2-26 SECTION 2. Subtitle I, Title 7, Transportation Code, is
2-27 amended by adding Chapter 706 to read as follows:
3-1 CHAPTER 706. IMPOUNDMENT OF MOTOR VEHICLE ON CONVICTION OF
3-2 INTOXICATION OFFENSES
3-3 Sec. 706.001. DEFINITION. In this chapter, "offense
3-4 relating to the operation of a motor vehicle while intoxicated"
3-5 means:
3-6 (1) an offense under Section 49.04, Penal Code; or
3-7 (2) an offense under Section 49.07 or 49.08, Penal
3-8 Code, that involves the operation of a motor vehicle.
3-9 Sec. 706.002. IMPOUNDMENT OF MOTOR VEHICLE. In addition to
3-10 any other punishment under Chapter 49, Penal Code, or another law,
3-11 the court shall order the impoundment of the motor vehicle being
3-12 operated by a person convicted of an offense relating to the
3-13 operation of a motor vehicle while intoxicated, if at the time of
3-14 the offense the person was an owner, or the spouse, child, or
3-15 parent of an owner, of the vehicle and the person, or the person's
3-16 spouse, child, or parent, is an owner of the vehicle on the date of
3-17 conviction.
3-18 Sec. 706.003. DURATION OF IMPOUNDMENT. (a) The duration of
3-19 an impoundment under Section 706.002 is for a period not to exceed
3-20 30 days, except as provided by Subsection (b).
3-21 (b) If it is shown on the trial of the offense that the
3-22 person has previously been convicted one or more times of an
3-23 offense relating to the operation of a motor vehicle while
3-24 intoxicated, the duration of the impoundment is for a period not to
3-25 exceed 90 days.
3-26 Sec. 706.004. ORDER OF IMPOUNDMENT. The court shall:
3-27 (1) issue an order to the sheriff of any county in
4-1 which the court has jurisdiction to impound the vehicle that is the
4-2 subject of the impoundment;
4-3 (2) impose a cost of $15 a day against the defendant
4-4 for the impoundment; and
4-5 (3) instruct the clerk of the court to notify each
4-6 lienholder of record, by certified mail, of the order of
4-7 impoundment.
4-8 Sec. 706.005. TRANSFER OF TITLE TO IMPOUNDED MOTOR VEHICLE.
4-9 An owner whose motor vehicle is impounded under Section 706.002
4-10 must, to transfer title to the motor vehicle, apply for permission
4-11 to the court that ordered the impoundment. If the court finds that
4-12 the transfer would be in good faith and not to circumvent this
4-13 chapter, the court shall approve the transfer. If, while the motor
4-14 vehicle is impounded, title to the motor vehicle is transferred by
4-15 foreclosure, sale on execution, cancellation of a conditional sales
4-16 contract, or judicial order, the court shall order the release of
4-17 the vehicle.
4-18 Sec. 706.006. RELEASE OF IMPOUNDED VEHICLE BY SHERIFF. On
4-19 presentation to the sheriff who impounded the motor vehicle of an
4-20 order of release from the court and payment of the cost of
4-21 impoundment by the defendant or a person authorized by the owner,
4-22 the sheriff shall release the vehicle. A secured creditor may
4-23 obtain the release of a motor vehicle from impoundment on
4-24 presentation to the sheriff of a receipt issued by a county
4-25 assessor-collector with notation of the secured creditor's lien or
4-26 a certificate of title with notation of the secured creditor's lien
4-27 and an accompanying affidavit from an officer of the secured
5-1 creditor establishing that the loan secured by the motor vehicle is
5-2 in default or has matured.
5-3 SECTION 3. This Act takes effect September 1, 1997. The
5-4 changes in law made by this Act apply only to an offense committed
5-5 on or after that date. An offense committed before the effective
5-6 date of this Act is covered by the law in effect when the offense
5-7 was committed, and the former law is continued in effect for that
5-8 purpose. For purposes of this section, an offense was committed
5-9 before the effective date of this Act if any element of the offense
5-10 occurred before that date.
5-11 SECTION 4. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.