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A BILL TO BE ENTITLED
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AN ACT
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relating to the award of attorney's fees in a civil asset forfeiture |
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proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 59.05, Code of Criminal Procedure, is |
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amended by adding Subsection (h) to read as follows: |
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(h) Notwithstanding any other law, on dismissal of a |
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forfeiture proceeding under this chapter, or on the court's |
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determination that the property or an interest in the property is |
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not subject to forfeiture under this chapter, the court shall enter |
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an order requiring the law enforcement agency responsible for |
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seizing the property to reimburse the applicable owner or interest |
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holder for reasonable attorney's fees calculated in accordance with |
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the attorney's fees schedule promulgated under Section 72.039, |
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Government Code. If possible, notwithstanding the purposes for |
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which the money must be used under the law, the law enforcement |
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agency shall make the payment out of money available in the |
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applicable fund established for the law enforcement agency under |
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Article 59.06(c)(2), (3), or (4). |
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SECTION 2. Subchapter C, Chapter 72, Government Code, is |
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amended by adding Section 72.039 to read as follows: |
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Sec. 72.039. ATTORNEY'S FEES SCHEDULE. The Office of Court |
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Administration of the Texas Judicial System shall promulgate a |
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schedule of attorney's fees that may be used to determine a |
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reasonable amount of attorney's fees to award under Article |
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59.05(h), Code of Criminal Procedure. |
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SECTION 3. The change in law made by this Act applies only |
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to property subject to forfeiture on the basis of an offense |
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committed on or after the effective date of this Act. Property |
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subject to forfeiture on the basis of an offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |