By Ellis S.B. No. 1285
Substitute the following for S.B. No. 1285:
By Greenberg C.S.S.B. No. 1285
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the forfeiture of certain property used in violations
1-3 of the 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) only in a
2-22 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. (a) The change in law made by this Act applies
3-4 only to an offense committed on or after the effective date of this
3-5 Act. For purposes of this section, an offense is committed before
3-6 the effective date of this Act if any element of the offense occurs
3-7 before that date.
3-8 (b) An offense committed before the effective date of this
3-9 Act is covered by the law in effect when the offense was committed,
3-10 and the former law is continued in effect for that purpose.
3-11 SECTION 5. This Act takes effect September 1, 1993.
3-12 SECTION 6. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.