SRC-JJJ S.B. 102 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 102
76R182 AJA-DBy: Carona
Criminal Justice
2/25/1999
As Filed


DIGEST 

Currently, there are no provisions under Texas law for impounding a
person's motor vehicle, if the person's license is suspended for driving
while intoxicated (DWI).  This bill would require the court to order the
impoundment of a motor vehicle at the time of an offense, providing certain
conditions, if at the time of the offense the defendant's driver's license
was suspended under certain offenses involving DWI.  This bill would also
subject a vehicle to forfeiture, if the vehicle involved in the offense is
owned, or constructively owned, and used in an offense by a person who has
previously been finally convicted two or more times of certain offenses
involving DWI. 

PURPOSE

As proposed, S.B. 102 establishes provisions regarding impoundment or
forfeiture of the motor vehicle of a person convicted of certain offenses
involving the operation of a motor vehicle while intoxicated. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 521S, Transportation Code, by adding Section
521.4575, as follows: 

Sec. 521.4575.  IMPOUNDMENT OF A MOTOR VEHICLE.  Provides that a motor
vehicle is constructively owned by a person if it is owned by a member of
the person's household and the person is the principal operator of the
vehicle.  Requires the court, in addition to any other punishment, to
impound the vehicle being operated by the defendant under certain
conditions.  Provides that the duration of an impoundment is equal to the
duration of the suspension.  Sets forth requirements for the court.
Requires an owner of an impounded vehicle, in order to transfer title to
the vehicle,  to apply to the court that ordered the impoundment.  Requires
the court to approve the transfer under certain conditions.  Requires the
court to order a release of the impounded vehicle if it is transferred by
foreclosure, sale on execution, cancellation of a conditional sales
contract, or by judicial order.  Requires the sheriff to release the
vehicle under certain conditions.  Authorizes a secured creditor to obtain
the vehicle providing certain conditions exist. 

SECTION 2.  Amends Section 704.001, Transportation Code, to establish that
a motor vehicle is constructively owned under certain conditions.  Makes
conforming changes. 

SECTION 3. Amends Section 704.002(a), Transportation Code, to make
conforming changes. 

SECTION 4.  Amends Section 704.003, Transportation Code, to prohibit the
court from forfeiting a vehicle constructively owned if the court
determines the forfeiture would cause and undue hardship for another member
of the person's household, who also operates the vehicle. 

SECTION 5.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

 SECTION 6.  Emergency clause.