78R7469 JD-D

By:  Castro                                                       H.B. No. 3473



A BILL TO BE ENTITLED

AN ACT

relating to the impoundment of a motor vehicle involved in an 
offense relating to the operating of a motor vehicle while 
intoxicated.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 1, Code of Criminal Procedure, is amended 
by adding Chapter 66 to read as follows:

CHAPTER 66.  IMPOUNDMENT OF MOTOR VEHICLE INVOLVED IN OFFENSE 
RELATING TO OPERATING MOTOR VEHICLE WHILE INTOXICATED
	Art. 66.01.  DEFINITION.  In this chapter, "offense relating 
to the operating of a motor vehicle while intoxicated" has the 
meaning assigned by Section 49.09, Penal Code.
	Art. 66.02.  IMPOUNDMENT BY ARRESTING OFFICER.  A peace 
officer who arrests a person for an offense relating to the 
operating of a motor vehicle while intoxicated shall order:
		(1)  the removal of the motor vehicle involved in the 
offense, in the manner provided by Section 545.305, Transportation 
Code; and
		(2)  the subsequent impoundment of that motor vehicle 
for a period of 24 consecutive hours.
	Art. 66.03.  RELEASE OF VEHICLE.  (a)  A motor vehicle 
removed and impounded under Article 66.02 may be released only to 
the registered owner of the vehicle as shown in the registration 
records of the Texas Department of Transportation or the analogous 
department of the state in which the vehicle is registered, or to an 
authorized agent of that owner.
	(b)  The motor vehicle may not be released to the owner of the 
vehicle, or to the owner's agent, before the expiration of the 
24-hour period following the arrest of the operator of the vehicle.
	Art. 66.04.  TOWING AND STORAGE FEES.  A vehicle impounded 
under Article 66.02 may not be released until the owner of the 
vehicle or the owner's agent  pays all accrued towing and storage 
fees related to the impoundment of the vehicle.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The changes in law made by this Act apply only to an 
offense committed on or after September 1, 2003.
	(c)  An offense committed before September 1, 2003, is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before September 1, 2003, if 
any element of the offense was committed before that date.