S.B. No. 1285
AN ACT
1-1 relating to the regulation of litter disposal in certain counties
1-2 and the forfeiture of certain property used in violations of the
1-3 Texas Litter Abatement Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subdivisions (1) and (2), Article 59.01, Code of
1-6 Criminal Procedure, are amended to read as follows:
1-7 (1) "Attorney representing the state" means the
1-8 prosecutor with felony jurisdiction in the county in which a
1-9 forfeiture proceeding is held under this chapter or, in a
1-10 proceeding for forfeiture of contraband as defined under
1-11 Subdivision (2)(B)(iv) of this article, the city attorney of a
1-12 municipality if the property is seized in that municipality by a
1-13 peace officer employed by that municipality and the governing body
1-14 of the municipality has approved procedures for the city attorney
1-15 acting in a forfeiture proceeding.
1-16 (2) "Contraband" means property of any nature,
1-17 including real, personal, tangible, or intangible, that is:
1-18 (A) used in the commission of:
1-19 (i) any first or second degree felony
1-20 under the Penal Code;
1-21 (ii) any felony under Chapters 29, 30, 31,
1-22 or 32, Penal Code; or
1-23 (iii) any felony under The Securities Act
1-24 (Article 581-1 et seq., Vernon's Texas Civil Statutes);
2-1 (B) used or intended to be used in the
2-2 commission of:
2-3 (i) any felony under Chapter 481, Health
2-4 and Safety Code (Texas Controlled Substances Act);
2-5 (ii) any felony under Chapter 483, Health
2-6 and Safety Code; <or>
2-7 (iii) a felony under Article 350, Revised
2-8 Statutes; or
2-9 (iv) a Class A misdemeanor under
2-10 Subchapter B, Chapter 365, Health and Safety Code, if the
2-11 defendant has been previously convicted twice of an offense under
2-12 that subchapter;
2-13 (C) the proceeds gained from the commission of a
2-14 felony listed in Paragraph (A) or (B) of this subdivision; or
2-15 (D) acquired with proceeds gained from the
2-16 commission of a felony listed in Paragraph (A) or (B) of this
2-17 subdivision.
2-18 SECTION 2. Article 59.02, Code of Criminal Procedure, is
2-19 amended by adding Subsection (g) to read as follows:
2-20 (g) The forfeiture provisions of this chapter apply to
2-21 contraband as defined by Article 59.01(2)(B)(iv) of this code only
2-22 in a municipality with a population of 250,000 or more.
2-23 SECTION 3. Section 365.012, Health and Safety Code, is
2-24 amended by adding Subsection (h) to read as follows:
2-25 (h) On conviction for an offense under this section, the
2-26 court shall provide to the defendant written notice that a
2-27 subsequent conviction for an offense under this section may result
3-1 in the forfeiture under Chapter 59, Code of Criminal Procedure, of
3-2 the vehicle used by the defendant in committing the offense.
3-3 SECTION 4. Subchapter B, Chapter 365, Health and Safety
3-4 Code, is amended by adding Section 365.017 to read as follows:
3-5 Sec. 365.017. REGULATION OF LITTER IN CERTAIN COUNTIES.
3-6 (a) The commissioners court of a county with a population of one
3-7 million or more may adopt regulations to control the disposal of
3-8 litter and the removal of illegally dumped litter from private
3-9 property in unincorporated areas of that county.
3-10 (b) Prior to the adoption of regulations the commissioners
3-11 court of a county must find that the proposed regulations are
3-12 necessary to promote the public health, safety, and welfare of the
3-13 residents of that county.
3-14 (c) The definitions of Section 365.011 apply in this Act.
3-15 "Illegally dumped litter" means litter dumped anywhere other than
3-16 in an approved solid waste site. "Litter" has the meaning assigned
3-17 by Section 365.011, except that the term does not include equipment
3-18 used for agricultural purposes.
3-19 (d) The regulations adopted by the commissioners court may
3-20 require the record property owners to pay for the cost of removal
3-21 after the commissioners court has given the record property owner
3-22 30 days written notice to remove the illegally dumped litter.
3-23 (e) Regulations adopted under this section are in addition
3-24 to any other law regarding this issue and the stricter law shall
3-25 apply.
3-26 (f) In addition to any other remedy provided by law, a
3-27 district attorney, a county attorney, or the attorney general may
4-1 bring a civil suit to enjoin violation of regulations adopted under
4-2 this section and to recover the costs of removal of illegally
4-3 dumped litter. In such a suit the prevailing party may recover its
4-4 reasonable attorney fees, court fees, and reasonable investigative
4-5 costs incurred in relation to that proceeding.
4-6 SECTION 5. (a) The change in law made by this Act applies
4-7 only to an offense committed on or after the effective date of this
4-8 Act. For purposes of this section, an offense is committed before
4-9 the effective date of this Act if any element of the offense occurs
4-10 before that date.
4-11 (b) An offense committed before the effective date of this
4-12 Act is covered by the law in effect when the offense was committed,
4-13 and the former law is continued in effect for that purpose.
4-14 SECTION 6. This Act takes effect September 1, 1993.
4-15 SECTION 7. The importance of this legislation and the
4-16 crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended.