How many of your courts are following the law on this? Note that 601.261 says SHALL, not MAY.

Mike

SUBCHAPTER I. FAILURE TO MAINTAIN EVIDENCE OF FINANCIAL RESPONSIBILITY; IMPOUNDMENT OF MOTOR VEHICLE

§ 601.261. IMPOUNDMENT OF MOTOR VEHICLE.
On a second or subsequent conviction for an offense under Section 601.191, the court shall order the sheriff of the county in which the court has jurisdiction to impound the motor vehicle operated by the defendant at the time of the offense if the defendant:
(1) was an owner of the motor vehicle at the time of the offense; and
(2) is an owner on the date of that conviction.


§ 601.262. DURATION OF IMPOUNDMENT.
(a) The duration of an impoundment under Section 601.261 is 180 days.
(b) The court may not order the release of the vehicle unless the defendant applies to the court for the vehicle's release and provides evidence of financial responsibility that complies with Section 601.053 and this section.
(c) The evidence of financial responsibility must cover the two-year period immediately following the date the defendant applies for release of the impounded vehicle.
(d) If an insurance binder is offered as evidence of financial responsibility under this section, the binder must confirm to the court's satisfaction that the defendant is in compliance with this chapter for the period required by Subsection
(c).


§ 601.263. COST FOR IMPOUNDMENT.
The court shall impose against the defendant a cost of $15 a day for each day of impoundment of the defendant's vehicle.