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.