By Kamel H.B. No. 638
75R3177 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to persons convicted of the offense of driving while
1-3 intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 42, Code of Criminal Procedure, is
1-6 amended by adding Article 42.038 to read as follows:
1-7 Art. 42.038. IMPOUNDMENT OF MOTOR VEHICLE LICENSE PLATES.
1-8 (a)(1) In addition to any other punishment for an offense under
1-9 Section 49.04, Penal Code, the court that sentences a defendant may
1-10 impound the license plates and the registration receipt for the
1-11 motor vehicle being driven or operated by the defendant at the time
1-12 of the offense, if the defendant was an owner of the vehicle at the
1-13 time of the offense and is an owner of the vehicle on the date of
1-14 conviction, except as provided by Subsection (f) of this article.
1-15 (2) If the defendant was not an owner of the vehicle
1-16 being driven or operated by the defendant at the time of the
1-17 offense or if the defendant is not an owner of the vehicle on the
1-18 date of conviction, the court that sentences the defendant shall
1-19 order the defendant to surrender to the court the license plates
1-20 and the registration receipt for each motor vehicle of which the
1-21 defendant is an owner or a lessee on the date of conviction, except
1-22 as provided by Subsection (f) of this article.
1-23 (b) If the court impounds a defendant's license plates and
1-24 registration receipt under Subsection (a) of this article, the
2-1 duration of the impoundment may not exceed:
2-2 (1) 10 days if the defendant is punished for the
2-3 offense under Section 49.04(b) or (c), Penal Code;
2-4 (2) 30 days if the defendant is punished for the
2-5 offense under Section 49.09(a), Penal Code; or
2-6 (3) 180 days if the defendant is punished for the
2-7 offense under Section 49.09(b), Penal Code.
2-8 (c) A court that impounds a defendant's license plates and
2-9 registration receipt under Subsection (a) of this article:
2-10 (1) on application of the defendant, may issue an
2-11 order to the tax collector of the county in which the court has
2-12 jurisdiction to deliver to a person named in the order a set of DWI
2-13 license plates for the vehicle for which the license plates are
2-14 impounded, and require the person to affix the license plates to
2-15 the vehicle and maintain them on the vehicle for the duration of
2-16 the impoundment;
2-17 (2) may impose a cost of $15 against the defendant for
2-18 the administration of this article;
2-19 (3) shall require a cash deposit in an amount equal to
2-20 the cost of the DWI license plates, to be refunded when the DWI
2-21 license plates are returned to the court; and
2-22 (4) shall notify the Texas Department of
2-23 Transportation, on a form designed and provided by the department,
2-24 that the license plates assigned to the defendant's vehicle have
2-25 been impounded and that the court has ordered the issuance of DWI
2-26 license plates for the vehicle.
2-27 (d) An owner may not sell or transfer title to a motor
3-1 vehicle while the license plates and registration receipt for the
3-2 vehicle are impounded under this article or while the vehicle
3-3 displays DWI license plates, except on application to the court
3-4 that impounded the license plates and registration receipt. If
3-5 the court is satisfied that the proposed sale or transfer would be
3-6 in good faith for valid consideration and would not be to
3-7 circumvent this article, and that the defendant will be deprived of
3-8 custody or control of the vehicle, the court shall approve the
3-9 transfer, accept the return of the DWI license plates, deliver the
3-10 impounded license plates to the applicant, and return any deposit
3-11 imposed under Subsection (c)(3) of this article.
3-12 (e) If, after impoundment of the license plates and
3-13 registration receipt under this article, title to the vehicle is
3-14 transferred by foreclosure, sale on execution, cancellation of a
3-15 conditional sales contract, or judicial order, the court shall
3-16 accept return of the DWI license plates and deliver the impounded
3-17 license plates and registration receipt to the new owner or
3-18 transferee.
3-19 (f) A court may not impound the license plates and
3-20 registration receipt of a vehicle under Subsection (a) of this
3-21 article if:
3-22 (1) the vehicle is not the personally owned vehicle of
3-23 the defendant; or
3-24 (2) the vehicle is:
3-25 (A) the only personally owned vehicle in the
3-26 defendant's immediate family; and
3-27 (B) normally driven by a person other than the
4-1 defendant who is a member of the defendant's immediate family.
4-2 SECTION 2. Subchapter F, Chapter 502, Transportation Code,
4-3 is amended by adding Section 502.292 to read as follows:
4-4 Sec. 502.292. DWI LICENSE PLATES. (a) The department shall
4-5 design a special series of DWI license plates for motor vehicles of
4-6 persons convicted of an offense under Section 49.04, Penal Code,
4-7 whose license plates are impounded under Article 42.038, Code of
4-8 Criminal Procedure.
4-9 (b) The license plates shall be white letters and numerals
4-10 on a background of red, and the letters "DWI" shall appear as
4-11 either a prefix or a suffix to the numerals on the license plates.
4-12 (c) The department shall distribute license plates under
4-13 this section on application of a county tax collector on a form
4-14 designed and supplied by the department.
4-15 SECTION 3. The Texas Department of Transportation shall
4-16 monitor and evaluate the implementation and effects of the license
4-17 plate and registration receipt impoundment provisions of this Act
4-18 and shall submit a written report to the legislature by January 1,
4-19 1999, containing the department's findings and recommendations.
4-20 SECTION 4. (a) This Act takes effect September 1, 1997.
4-21 (b) The change in law made by this Act applies only to a
4-22 person convicted of an offense committed on or after the effective
4-23 date of this Act. For purposes of this section, an offense was
4-24 committed before the effective date of this Act if any element of
4-25 the offense occurred before the effective date.
4-26 (c) An offense committed before the effective date of this
4-27 Act is covered by the law in effect when the offense was committed,
5-1 and the former law is continued in effect for that purpose.
5-2 SECTION 5. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended.