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
   2-45  -------------------------------------------------------------------