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.