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.