By Hartnett H.B. No. 357
74R1669 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the forfeiture of money or a negotiable instrument
1-3 found in proximity to contraband or to instrumentalities of an
1-4 offense.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 59.05, Code of Criminal Procedure, is
1-7 amended by adding Subsection (f) to read as follows:
1-8 (f) The fact that money or any negotiable instrument was
1-9 found in proximity to contraband or to instrumentalities of an
1-10 offense gives rise to an inference that the money or instrument was
1-11 the proceeds of contraband or was used or intended to be used to
1-12 facilitate commission of the offense.
1-13 SECTION 2. (a) The change in law made by this Act applies
1-14 only to an offense committed on or after the effective date of this
1-15 Act. For purposes of this section, an offense is committed before
1-16 the effective date of this Act if any element of the offense occurs
1-17 before that date.
1-18 (b) An offense committed before the effective date of this
1-19 Act is covered by the law in effect when the offense was committed,
1-20 and the former law is continued in effect for that purpose.
1-21 SECTION 3. This Act takes effect September 1, 1995.
1-22 SECTION 4. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
1-24 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended.