HBA-NMO H.B. 2728 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2728
By: Driver
Criminal Jurisprudence
3/14/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires the court to order the impoundment of a person's motor
vehicle for the commission of certain offenses.  The threat of impoundment
could deter a person from driving while intoxicated or driving while the
person's license is suspended for driving while intoxicated and related
offenses.  H.B.  2728 requires the court to order the impoundment of the
motor vehicle driven by a person if the person's license was revoked or
suspended for the commission of certain offenses relating to the operation
of a motor vehicle while intoxicated.  This bill also requires the court to
order the impoundment of the motor vehicle driven by a person convicted of
certain offenses relating to the operation of a motor vehicle while
intoxicated. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

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

Sec. 521.4575.  IMPOUNDMENT OF MOTOR VEHICLE.  (a) Requires the court, in
addition to any other punishment under Section 521.457 (Driving While
License Invalid), Transportation Code, to order the impoundment of the
motor vehicle being operated by the person if the person's license was
revoked or suspended for criminally negligent homicide, evading arrest or
detention, driving while intoxicated, or intoxication manslaughter, or
certain offenses relating to driving while intoxicated committed by a
person under 21 years of age; and if the person or a member of the person's
immediate family was the owner of the vehicle at the time of the offense or
is the owner at the time of conviction.   

(b) Provides that the impoundment is for 30 days.  Requires the court to
issue an order to the sheriff of any county in which the court has
jurisdiction to impound the subject vehicle; to impose a cost of $15 a day
against the person for the impoundment; and to instruct the clerk of the
court to notify each lienholder of record of the order of impoundment. 

(c) Provides that an owner whose vehicle is impounded, to transfer title to
the vehicle, must apply for permission to the court that ordered the
impoundment.  Requires the court to approve the transfer, if it finds that
the transfer would be in good faith and not circumvent the law.  Requires
the court to order release of the vehicle if title to the vehicle is
transferred by foreclosure, sale on execution, cancellation of a
conditional sales contract, or judicial order. 

(d) Requires the sheriff to release the vehicle on presentation of a court
order and payment of the cost of impoundment.  Authorizes a secured
creditor to obtain the release of a vehicle on presentation to the sheriff
of a receipt issued by the county assessor-collector with appropriate
notation. 

 SECTION 2.  Amends Subtitle I, Title 7, Transportation Code, by adding
Chapter 707, as follows: 

CHAPTER 707.  IMPOUNDMENT OF MOTOR VEHICLE
ON CONVICTION OF INTOXICATION OFFENSES

Sec. 707.001.  DEFINITION.  Defines "offense relating to the operation of a
motor vehicle while intoxicated" as an offense under Section 49.04 (Driving
While Intoxicated), Penal Code, or an offense under Section 49.07
(Intoxication Assault) or 49.08 (Intoxication Manslaughter), Penal Code,
that involves the operation of a motor vehicle. 

Sec. 707.002.  IMPOUNDMENT OF VEHICLE.  Requires the court to order the
impoundment of the motor vehicle being operated by a person convicted of an
offense relating to the operation of a motor vehicle while intoxicated if
at the time of the offense the person or a member of the person's immediate
family was the owner of the vehicle or is an owner of the vehicle at the
time of conviction. 

Sec. 707.003.  DURATION OF IMPOUNDMENT.  Provides that the duration of
impoundment is for a period not to exceed 30 days, except if the person has
previously been convicted of one or more times of an offense relating to
the operation of a motor vehicle while intoxicated, in which cast the
duration of impoundment is for a period not to exceed 90 days. 

Sec. 707.004.  ORDER OF IMPOUNDMENT.  Requires the court to issue an order
to the sheriff of any county in which the court has jurisdiction to impound
the subject vehicle; to impose a cost of $15 a day against the person for
the impoundment; and to instruct the clerk of the court to notify each
lienholder of record of the order of impoundment. 

Sec. 707.005.  TRANSFER OF TITLE TO IMPOUNDED MOTOR VEHICLE.  Provides that
an owner whose motor vehicle is impounded, to transfer title to the motor
vehicle, must apply for permission to the court that ordered the
impoundment.  Requires the court to approve the transfer, if it finds that
the transfer would be in good faith and not circumvent the law.  Requires
the court to order release of the vehicle if title to the vehicle is
transferred by foreclosure, sale on execution, cancellation of a
conditional sales contract, or judicial order. 

Sec.  707.006.  RELEASE OF IMPOUNDED VEHICLE BY SHERIFF.  Requires the
sheriff to release the vehicle on presentation of a court order and payment
of the cost of impoundment.  Authorizes a secured creditor to obtain the
release of a vehicle on presentation to the sheriff of a receipt issued by
the county assessor-collector with appropriate notation.      

SECTION 3.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 4.  Emergency clause.