By: Carter H.B. No. 2301
73R5366 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the time title to forfeited property vests in the
1-3 state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 59.06(f), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (f) A final judgment of forfeiture under this chapter
1-8 perfects the title of the state to the property as of the date that
1-9 the act or omission giving rise to the forfeiture occurred
1-10 <contraband was seized or the date the forfeiture action was filed,
1-11 whichever occurred first>, except that if the property forfeited is
1-12 real property, the title is perfected as of the date a notice of
1-13 lis pendens is filed on the property.
1-14 SECTION 2. (a) The change in law made by this Act applies
1-15 only to forfeiture of property based on an act or omission that
1-16 occurs on or after the effective date of this Act.
1-17 (b) Forfeiture of property based on an act or omission that
1-18 occurred before the effective date of this Act is governed by the
1-19 law in effect when the act or omission occurred, and the former law
1-20 is continued in effect for that purpose.
1-21 SECTION 3. This Act takes effect September 1, 1993.
1-22 SECTION 4. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
1-24 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended.