By: Ellis S.B. No. 1285
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the forfeiture of certain property used in violations
1-2 of the Texas Litter Abatement Act.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivisions (1) and (2), Article 59.01, Code of
1-5 Criminal Procedure, are amended to read as follows:
1-6 (1) "Attorney representing the state" means the
1-7 prosecutor with felony jurisdiction in the county in which a
1-8 forfeiture proceeding is held under this chapter or, in a
1-9 proceeding for forfeiture of contraband as defined under
1-10 Subdivision (2)(B)(iv) of this article, the city attorney of a
1-11 municipality if the property is seized in that municipality by a
1-12 peace officer employed by that municipality and the governing body
1-13 of the municipality has approved procedures for the city attorney
1-14 acting in a forfeiture proceeding.
1-15 (2) "Contraband" means property of any nature,
1-16 including real, personal, tangible, or intangible, that is:
1-17 (A) used in the commission of:
1-18 (i) any first or second degree felony
1-19 under the Penal Code;
1-20 (ii) any felony under Chapters 29, 30, 31,
1-21 or 32, Penal Code; or
1-22 (iii) any felony under The Securities Act
1-23 (Article 581-1 et seq., Vernon's Texas Civil Statutes);
1-24 (B) used or intended to be used in the
2-1 commission of:
2-2 (i) any felony under Chapter 481, Health
2-3 and Safety Code (Texas Controlled Substances Act);
2-4 (ii) any felony under Chapter 483, Health
2-5 and Safety Code; <or>
2-6 (iii) a felony under Article 350, Revised
2-7 Statutes; or
2-8 (iv) a second or subsequent charge of a
2-9 Class A misdemeanor under Chapter 365, Health and Safety Code;
2-10 (C) the proceeds gained from the commission of a
2-11 felony listed in Paragraph (A) or (B) of this subdivision; or
2-12 (D) acquired with proceeds gained from the
2-13 commission of a felony listed in Paragraph (A) or (B) of this
2-14 subdivision.
2-15 SECTION 2. (a) The change in law made by this Act applies
2-16 only to an offense committed on or after the effective date of this
2-17 Act. For purposes of this section, an offense is committed before
2-18 the effective date of this Act if any element of the offense occurs
2-19 before that date.
2-20 (b) An offense committed before the effective date of this
2-21 Act is covered by the law in effect when the offense was committed,
2-22 and the former law is continued in effect for that purpose.
2-23 SECTION 3. This Act takes effect September 1, 1993.
2-24 SECTION 4. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.