By Carona S.B. No. 102
76R182 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to impoundment or forfeiture of the motor vehicle of a
1-3 person convicted of certain offenses involving the operation of a
1-4 motor vehicle while intoxicated.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter S, Chapter 521, Transportation Code,
1-7 is amended by adding Section 521.4575 to read as follows:
1-8 Sec. 521.4575. IMPOUNDMENT OF A MOTOR VEHICLE. (a) For the
1-9 purposes of this section, a motor vehicle is constructively owned
1-10 by a person if:
1-11 (1) the motor vehicle is owned by a member of the
1-12 person's household, as defined by Section 71.005, Family Code; and
1-13 (2) the person is the principal operator of the motor
1-14 vehicle.
1-15 (b) In addition to any other punishment under Section
1-16 521.457, the court shall order the impoundment of the motor vehicle
1-17 being operated by the defendant at the time of the offense if:
1-18 (1) the defendant's driver's license was suspended
1-19 under Section 521.341(1), (2), or (3) or Section 521.342(a)(1) or
1-20 (2);
1-21 (2) at both the time of the offense and on the date of
1-22 conviction the defendant owned or constructively owned the motor
1-23 vehicle; and
1-24 (3) impoundment of the motor vehicle would not cause
2-1 an undue hardship for another member of the defendant's household
2-2 who also operates the motor vehicle.
2-3 (c) The duration of an impoundment under Subsection (b) is
2-4 equal to the duration of the suspension of the defendant's driver's
2-5 license. The court shall:
2-6 (1) issue an order to the sheriff of any county in
2-7 which the court has jurisdiction to impound the motor vehicle that
2-8 is the subject of an order of impoundment;
2-9 (2) impose a cost of $15 a day against the defendant
2-10 for the impoundment; and
2-11 (3) instruct the clerk of the court to notify each
2-12 lienholder of record, by certified mail, of the order of
2-13 impoundment.
2-14 (d) To transfer title to the motor vehicle, an owner whose
2-15 motor vehicle is impounded under Subsection (b) must apply for
2-16 permission to the court that ordered the impoundment. If the court
2-17 finds that the transfer is in good faith and does not circumvent
2-18 the purposes of Subsections (b) and (c), the court shall approve
2-19 the transfer. If, while the motor vehicle is impounded, title to
2-20 the motor vehicle is transferred by foreclosure, sale on execution,
2-21 cancellation of a conditional sales contract, or judicial order,
2-22 the court shall order release of the motor vehicle.
2-23 (e) On presentation to the sheriff who impounded the motor
2-24 vehicle of an order of release from the court and payment of the
2-25 cost of impoundment by the defendant or a person authorized by the
2-26 owner, the sheriff shall release the motor vehicle. A secured
2-27 creditor may obtain the release of a motor vehicle from impoundment
3-1 on presentation to the sheriff of a receipt issued by a county
3-2 assessor-collector with notation of the secured creditor's lien or
3-3 a certificate of title with notation of the secured creditor's lien
3-4 and an accompanying affidavit from an officer of the secured
3-5 creditor establishing that the loan secured by the motor vehicle is
3-6 in default or has matured.
3-7 SECTION 2. Section 704.001, Transportation Code, is amended
3-8 to read as follows:
3-9 Sec. 704.001. GROUNDS FOR FORFEITURE; NOTICE. (a) For the
3-10 purposes of this section, a motor vehicle is constructively owned
3-11 by a person if:
3-12 (1) the motor vehicle is owned by a member of the
3-13 person's household, as defined by Section 71.005, Family Code; and
3-14 (2) the person is the principal operator of the motor
3-15 vehicle.
3-16 (b) A motor vehicle is subject to forfeiture if the vehicle
3-17 is owned, or constructively owned, and operated at the time of an
3-18 offense under Section 49.04, Penal Code, or an offense under
3-19 Section 49.07 or 49.08 of that code involving the operation of a
3-20 motor vehicle, by a person who:
3-21 (1) at the time of arrest was under community
3-22 supervision for an offense under:
3-23 (A) Section 49.08, Penal Code; or
3-24 (B) Section 19.05(a)(2), Penal Code, as that law
3-25 existed before September 1, 1994; or
3-26 (2) has previously been finally convicted two [three]
3-27 or more times of:
4-1 (A) an offense under Section 49.04, Penal Code;
4-2 (B) an offense under Section 49.07, Penal Code,
4-3 that involves operation of a motor vehicle;
4-4 (C) an offense under Section 49.08, Penal Code;
4-5 (D) an offense under Article 6701l-1, Revised
4-6 Statutes, as that law existed before September 1, 1994;
4-7 (E) an offense under Article 6701l-2, Revised
4-8 Statutes, as that law existed before January 1, 1984;
4-9 (F) an offense under Section 19.05(a)(2), Penal
4-10 Code, as that law existed before September 1, 1994; or
4-11 (G) any combination of offenses under the
4-12 statutes listed in Paragraphs (A)-(F).
4-13 (c) [(b)] The officer who arrests a person described by
4-14 Subsection (b) [(a)] shall immediately notify the district or
4-15 county attorney of that fact.
4-16 (d) [(c)] A motor vehicle forfeited under this chapter is
4-17 forfeited to the county in which the offense occurred.
4-18 SECTION 3. Section 704.002(a), Transportation Code, is
4-19 amended to read as follows:
4-20 (a) The district or county attorney may seek a temporary
4-21 restraining order prohibiting a person described by Section
4-22 704.001(b) [704.001(a)] from selling or disposing of a motor
4-23 vehicle described by that subsection and may, not later than the
4-24 20th day after the date of the arrest, request a hearing in a
4-25 county court or district court in the county to determine whether
4-26 the motor vehicle is subject to forfeiture.
4-27 SECTION 4. Section 704.003, Transportation Code, is amended
5-1 to read as follows:
5-2 Sec. 704.003. FORFEITURE OF VEHICLE FOLLOWING CONVICTION.
5-3 (a) If a person described by Section 704.001(b) [704.001(a)] is
5-4 convicted at the trial for the offense for which the person is
5-5 arrested, the court sentencing the person may forfeit the motor
5-6 vehicle:
5-7 (1) on the motion of the district or county attorney;
5-8 (2) after notice and hearing; and
5-9 (3) on a showing that a court has determined that the
5-10 motor vehicle is subject to forfeiture.
5-11 (b) If proof at sentencing discloses that a person,
5-12 including a lienholder or secured party, holds a security interest
5-13 in the motor vehicle that is greater than or equal to the present
5-14 value of the motor vehicle, the court shall order the motor vehicle
5-15 released to the person holding the security interest. If that
5-16 interest is less than the present value of the motor vehicle, the
5-17 court may forfeit the motor vehicle.
5-18 (c) The court may not forfeit a motor vehicle constructively
5-19 owned by a person described by Section 704.001(b) if the court
5-20 determines that forfeiture of the motor vehicle would cause an
5-21 undue hardship for another member of the person's household, as
5-22 defined by Section 71.005, Family Code, who also operates the
5-23 vehicle.
5-24 SECTION 5. This Act takes effect September 1, 1999. The
5-25 changes in the law made by this Act apply only to the punishment
5-26 for an offense committed on or after that date. Punishment for an
5-27 offense committed before the effective date of this Act is covered
6-1 by the law in effect when the offense was committed, and the former
6-2 law is continued in effect for that purpose. For purposes of this
6-3 section, an offense was committed before the effective date of the
6-4 Act if any element of the offense occurred before that date.
6-5 SECTION 6. The importance of this legislation and the
6-6 crowded condition of the calendars in both houses create an
6-7 emergency and an imperative public necessity that the
6-8 constitutional rule requiring bills to be read on three several
6-9 days in each house be suspended, and this rule is hereby suspended.