1-1 By: Ellis S.B. No. 1285
1-2 (In the Senate - Filed March 18, 1993; March 18, 1993, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 22, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 9, Nays 0; April 22, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Armbrister x
1-9 Leedom x
1-10 Carriker x
1-11 Henderson x
1-12 Madla x
1-13 Moncrief x
1-14 Patterson x
1-15 Rosson x
1-16 Shapiro x
1-17 Wentworth x
1-18 Whitmire x
1-19 COMMITTEE AMENDMENT NO. 1 By: Moncrief
1-20 Amend S.B. No. 1285, on page 1, line 56, between "a" and
1-21 "Class" by inserting the following:
1-22 "second or subsequent charge of a"
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the forfeiture of certain property used in violations
1-26 of the Texas Litter Abatement Act.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Subdivisions (1) and (2), Article 59.01, Code of
1-29 Criminal Procedure, are amended to read as follows:
1-30 (1) "Attorney representing the state" means the
1-31 prosecutor with felony jurisdiction in the county in which a
1-32 forfeiture proceeding is held under this chapter or, in a
1-33 proceeding for forfeiture of contraband as defined under
1-34 Subdivision (2)(B)(iv) of this article, the city attorney of a
1-35 municipality if the property is seized in that municipality by a
1-36 peace officer employed by that municipality and the governing body
1-37 of the municipality has approved procedures for the city attorney
1-38 acting in a forfeiture proceeding.
1-39 (2) "Contraband" means property of any nature,
1-40 including real, personal, tangible, or intangible, that is:
1-41 (A) used in the commission of:
1-42 (i) any first or second degree felony
1-43 under the Penal Code;
1-44 (ii) any felony under Chapters 29, 30, 31,
1-45 or 32, Penal Code; or
1-46 (iii) any felony under The Securities Act
1-47 (Article 581-1 et seq., Vernon's Texas Civil Statutes);
1-48 (B) used or intended to be used in the
1-49 commission of:
1-50 (i) any felony under Chapter 481, Health
1-51 and Safety Code (Texas Controlled Substances Act);
1-52 (ii) any felony under Chapter 483, Health
1-53 and Safety Code; <or>
1-54 (iii) a felony under Article 350, Revised
1-55 Statutes; or
1-56 (iv) a Class A misdemeanor under Chapter
1-57 365, Health and Safety Code;
1-58 (C) the proceeds gained from the commission of a
1-59 felony listed in Paragraph (A) or (B) of this subdivision; or
1-60 (D) acquired with proceeds gained from the
1-61 commission of a felony listed in Paragraph (A) or (B) of this
1-62 subdivision.
1-63 SECTION 2. (a) The change in law made by this Act applies
1-64 only to an offense committed on or after the effective date of this
1-65 Act. For purposes of this section, an offense is committed before
1-66 the effective date of this Act if any element of the offense occurs
1-67 before that date.
1-68 (b) An offense committed before the effective date of this
2-1 Act is covered by the law in effect when the offense was committed,
2-2 and the former law is continued in effect for that purpose.
2-3 SECTION 3. This Act takes effect September 1, 1993.
2-4 SECTION 4. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.
2-9 * * * * *
2-10 Austin,
2-11 Texas
2-12 April 22, 1993
2-13 Hon. Bob Bullock
2-14 President of the Senate
2-15 Sir:
2-16 We, your Committee on Intergovernmental Relations to which was
2-17 referred S.B. No. 1285, have had the same under consideration, and
2-18 I am instructed to report it back to the Senate with the
2-19 recommendation that it do pass, as amended, and be printed.
2-20 Armbrister,
2-21 Chairman
2-22 * * * * *
2-23 WITNESSES
2-24 FOR AGAINST ON
2-25 ___________________________________________________________________
2-26 Name: Everett Bass x
2-27 Representing: City of Houston
2-28 City: Houston
2-29 -------------------------------------------------------------------
2-30 Name: Tim Lignoul x
2-31 Representing: City of Houston
2-32 City: Houston
2-33 -------------------------------------------------------------------
2-34 Name: William Petty x
2-35 Representing: City of Houston
2-36 City: Houston
2-37 -------------------------------------------------------------------
2-38 Name: Joe Paniagua x
2-39 Representing: City of Fort Worth
2-40 City: Fort Worth
2-41 -------------------------------------------------------------------
2-42 Name: Susan Horton x
2-43 Representing: TML
2-44 City: Austin
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