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.