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.