By:  Brown                                             S.B. No. 191
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the disposition of abandoned or unclaimed property,
    1-2  gambling paraphernalia, prohibited weapon, criminal instrument, and
    1-3  other contraband.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 18.17, Code of Criminal Procedure, is
    1-6  amended to read as follows:
    1-7        Art. 18.17.  (332a)  DISPOSITION OF ABANDONED OR UNCLAIMED
    1-8  PROPERTY.  (a)  All unclaimed or abandoned personal property of
    1-9  every kind, other than contraband subject to forfeiture under
   1-10  Chapter 59 of this code and whiskey, wine and beer, seized by any
   1-11  peace officer in the State of Texas which is not held as evidence
   1-12  to be used in any pending case and has not been ordered destroyed
   1-13  or returned to the person entitled to possession of the same by a
   1-14  magistrate, which shall remain unclaimed for a period of 30 days
   1-15  shall be delivered for disposition <sale> to a person designated by
   1-16  the municipality or to the purchasing agent of the <municipality
   1-17  or> county in which the property was seized.  If a peace officer of
   1-18  a municipality seizes the property, the peace officer shall deliver
   1-19  the property to a person designated by the municipality <the
   1-20  purchasing agent of the municipality>.  If any other peace officer
   1-21  seizes the property, the peace officer shall deliver the property
   1-22  to the purchasing agent of the county.  If the county has no
   1-23  purchasing agent, then such property shall be disposed of <sold> by
    2-1  the sheriff of the county.
    2-2        (b)  The person designated by the municipality, the
    2-3  <municipal or> county purchasing agent or the sheriff of the
    2-4  county, as the case may be, shall mail a notice to the last known
    2-5  address of the owner of such property by certified mail.  Such
    2-6  notice shall describe the property being held, give the name and
    2-7  address of the officer holding such property, and shall state that
    2-8  if the owner does not claim such property within thirty days <six
    2-9  months> from the date of the notice such property will be disposed
   2-10  of <sold> and the proceeds of such disposition, if any, <sale>
   2-11  after deducting the reasonable expense of keeping such property and
   2-12  the costs of the disposition <sale>, placed in the treasury of the
   2-13  municipality or county giving the notice.
   2-14        (c)  If the owner of such property is unknown or if the
   2-15  address of the owner is unknown, then the person designated by the
   2-16  city, the <municipal or> county purchasing agent or the sheriff, as
   2-17  the case may be, shall cause to be published once in a paper of
   2-18  general circulation in the municipality or county a notice
   2-19  containing a general description of the property held, the name of
   2-20  the owner if known, the name and address of the officer holding
   2-21  such property, and a statement that if the owner does not claim
   2-22  such property within thirty days <six months> from the date of the
   2-23  publication such property will be disposed of <sold> and the
   2-24  proceeds of such disposition, if any <sale>, after deducting the
   2-25  reasonable expense of keeping such property and the costs of the
    3-1  disposition <sale>, placed in the treasury of the municipality or
    3-2  county disposing of <selling> the property.
    3-3        (d)  The sale of any property hereunder shall be preceded by
    3-4  a notice published once at least fourteen days <three weeks> prior
    3-5  to the date of such sale in a newspaper of general circulation in
    3-6  the municipality or county where the sale is to take place, stating
    3-7  the general description of the property, the names of the owner if
    3-8  known, and the date and place that such sale will occur.  If the
    3-9  person designated by the municipality, the <municipal or> county
   3-10  purchasing agent or sheriff, as the case may be, shall consider any
   3-11  bid as insufficient, he need not sell such property but may decline
   3-12  such bid and reoffer such property for sale.  Nothing in this
   3-13  article shall be construed to require disposition by sale.
   3-14        (e)  The real owner of any property disposed of <sold> shall
   3-15  have the right to file a claim to the proceeds of such disposition,
   3-16  if any, <sale> with the commissioners court of the county or with
   3-17  the governing body of the municipality in which the disposition
   3-18  <sale> took place.  A claim by the real owner of any property that
   3-19  has been disposed of must be filed within thirty days after the
   3-20  date of the disposition.  If the claim is allowed by the
   3-21  commissioners court or the governing body of the municipality, the
   3-22  municipal or county treasurer shall pay the owner such funds as
   3-23  were paid into the treasury of the municipality or county as
   3-24  proceeds of the disposition <sale>.  If the claim is denied by the
   3-25  commissioners court or the governing body or if said court or body
    4-1  fails to act upon such claim within 90 days, the claimant may sue
    4-2  the municipal or county treasurer in a court of competent
    4-3  jurisdiction in the county, and upon sufficient proof of ownership,
    4-4  recover judgment against such municipality or county for the
    4-5  recovery of the proceeds of the disposition <sale>.
    4-6        <(f)  For the purposes of this article, "purchasing agent of
    4-7  the municipality" means the person who is primarily responsible for
    4-8  making purchases on behalf of a municipality.>
    4-9        (f) <(g)>  If the provisions of this section have been met
   4-10  and the property is scheduled for disposition <sale>, the municipal
   4-11  or county law enforcement agency that originally seized the
   4-12  property may request and have the property converted to agency use.
   4-13  The agency at any time may transfer the property to another
   4-14  municipal or county law enforcement agency for the use of that
   4-15  agency.  The agency last using the property shall return the
   4-16  property to the person designated by the municipality, purchasing
   4-17  agent or sheriff for disposition <sale> when the agency has
   4-18  completed the intended use of the property.
   4-19        (g)  For the purposes of this article, "property held as
   4-20  evidence" means any property related to a charge which has been
   4-21  filed or to a matter which is being investigated for the purpose of
   4-22  filing a charge.
   4-23        SECTION 2.  Article 18.18, Subsection (a), Code of Criminal
   4-24  Procedure, is amended to read as follows:
   4-25        (a)  Following the final conviction of a person for
    5-1  possession of a gambling device or equipment, altered gambling
    5-2  equipment, or gambling paraphernalia, for an offense involving a
    5-3  criminal instrument, for an offense involving an obscene device or
    5-4  material, the court entering the judgment of conviction shall order
    5-5  that the machine, device, gambling equipment or gambling
    5-6  paraphernalia, instrument, obscene device or material be destroyed
    5-7  or forfeited to the state.  Following the final conviction of a
    5-8  person for an offense involving a prohibited weapon, the court
    5-9  entering the judgment of conviction shall order that the prohibited
   5-10  weapon be destroyed or forfeited to the law enforcement agency
   5-11  which initiated the complaint.  It is the responsibility of the
   5-12  prosecuting attorney to present the motion for the destruction of
   5-13  or forfeiture of the prohibited weapon to the appropriate law
   5-14  enforcement agency.  If the prosecuting attorney fails to present
   5-15  such a motion, the law enforcement agency initiating the complaint
   5-16  may present such a motion to the court.  Upon such a motion by the
   5-17  prosecuting attorney or by the appropriate law enforcement agency,
   5-18  or upon the court's own motion, the court shall consider the
   5-19  matter, and an order concerning the disposition of the prohibited
   5-20  weapon will be signed within 30 days from the date of the judgment.
   5-21  If the court fails to enter such an order, any magistrate may enter
   5-22  an order concerning the disposition of the prohibited weapon <state
   5-23  or to a political subdivision of the state for use by law
   5-24  enforcement agencies>.  Following the final conviction of a person
   5-25  for an offense involving dog fighting, the court entering the
    6-1  judgment of conviction shall order that any dog-fighting equipment
    6-2  be destroyed or forfeited to the state.  Destruction of dogs, if
    6-3  necessary, must be carried out by a veterinarian licensed in this
    6-4  state or, if one is not available, by trained personnel of a humane
    6-5  society or an animal shelter.  If forfeited, the court shall order
    6-6  the contraband delivered to the state, any political subdivision of
    6-7  the state, or to any state institution or agency.  If gambling
    6-8  proceeds were seized, the court shall order them forfeited to the
    6-9  state and shall transmit them to the grand jury of the county in
   6-10  which they were seized for use in investigating alleged violations
   6-11  of the Penal Code, or to the state, any political subdivision of
   6-12  the state, or to any state institution or agency.
   6-13        SECTION 3.  Article 18.18, Subsection (b), Code of Criminal
   6-14  Procedure, is amended to read as follows:
   6-15        (b)  If there is no prosecution or conviction following
   6-16  seizure, the magistrate to whom the return was made shall notify in
   6-17  writing the person found in possession of the alleged gambling
   6-18  device or equipment, altered gambling equipment or gambling
   6-19  paraphernalia, gambling proceeds, prohibited weapon, obscene device
   6-20  or material, criminal instrument, or dog-fighting equipment to show
   6-21  cause why the property seized should not be destroyed or the
   6-22  proceeds forfeited.  If there is no prosecution or conviction
   6-23  following seizure of a prohibited weapon, any magistrate shall hear
   6-24  a motion brought by the law enforcement agency seizing the weapon,
   6-25  requesting that the weapon be destroyed or forfeited to the law
    7-1  enforcement agency seizing the prohibited weapon.  The motion
    7-2  brought by the law enforcement agency seizing the prohibited weapon
    7-3  shall be timely made upon receipt of notification to the law
    7-4  enforcement agency that no prosecution will be forthcoming.
    7-5        SECTION 4.  Article 18.18, Subsection (g)(5), Code of
    7-6  Criminal Procedure, is amended to read as follows:
    7-7              (5)  "use for law enforcement purposes" includes the
    7-8  sale or trade of forfeited, prohibited weapons, if the sale or
    7-9  trade is made to a licensed gun dealer.  The law enforcement agency
   7-10  shall record identifying numbers and markings of such weapons, and
   7-11  shall retain such records indefinitely.
   7-12        SECTION 5.  The importance of this legislation and the
   7-13  crowded condition of the calendars in both houses create an
   7-14  emergency and an imperative public necessity that the
   7-15  constitutional rule requiring bills to be read on three several
   7-16  days in each house be suspended, and this rule is hereby suspended.