By De La Garza H.B. No. 523
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to stolen vehicle checkpoints near the Mexico border and
1-3 the jurisdiction of a magistrate to hear a stolen property
1-4 disposition hearing.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 411.0095(b), Government Code, as added by
1-7 Chapter 493, Acts of the 73rd Legislature, Regular Session, 1993,
1-8 is amended to read as follows:
1-9 (b) A checkpoint may be established for the purpose of
1-10 preventing stolen vehicles, farm tractors or implements, or
1-11 construction equipment from entering Mexico if the checkpoint is:
1-12 (1) located within 250 yards of the actual boundary
1-13 between this state and Mexico <feet of the Mexican border>;
1-14 (2) located on a public highway or street leading
1-15 directly to an international crossing; <and>
1-16 (3) designed to stop only traffic bound for Mexico;
1-17 and
1-18 (4) operated in such a manner as to stop only
1-19 vehicles, tractors or implements, or equipment for which law
1-20 enforcement authorities have probable cause to believe is stolen
1-21 and bound for Mexico, as evidenced by broken windows or other
1-22 visible signs of forced entry.
1-23 SECTION 2. Section 411.0095, Government Code, as added by
2-1 Chapter 790, Acts of the 73rd Legislature, Regular Session, 1993,
2-2 is renumbered as Section 411.0096, Government Code.
2-3 SECTION 3. Subsection (a), Article 47.01a, Code of Criminal
2-4 Procedure, is amended to read as follows:
2-5 (a) If a criminal action relating to allegedly stolen
2-6 property is not pending, a district judge, county court judge,
2-7 statutory county court judge, or justice of the peace having
2-8 jurisdiction as a magistrate in the county in which the property is
2-9 held or a municipal judge having jurisdiction as a magistrate in
2-10 the municipality in which the property is being held may hold a
2-11 hearing to determine the right to possession of the property, upon
2-12 the petition of an interested person, a county, a city, or the
2-13 state. Jurisdiction under this section is based solely on
2-14 jurisdiction as a criminal magistrate under this code and not
2-15 jurisdiction as a civil court. The court shall:
2-16 (1) order the property delivered to whoever has the
2-17 superior right to possession, without conditions; or
2-18 (2) on the filing of a written motion before trial by
2-19 an attorney representing the state, order the property delivered to
2-20 whoever has the superior right to possession, subject to the
2-21 condition that the property be made available to the prosecuting
2-22 authority should it be needed in future prosecutions; or
2-23 (3) order the property awarded to the custody of the
2-24 peace officer, pending resolution of criminal investigations
2-25 regarding the property.
3-1 SECTION 4. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.