By De La Garza H.B. No. 523
Substitute the following for H.B. No. 523:
By Oakley C.S.H.B. No. 523
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to stolen vehicle checkpoints near the Mexico border;
1-3 relating to the jurisdiction of a magistrate to hear a stolen
1-4 property disposition hearing; relating to certain information
1-5 required on a certificate of title.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subsection (b) of Section 411.0095, Government
1-8 Code, 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 north of a federally
1-13 designated crossing at <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 SECTION 2. Section 411.0095, Government Code, is renumbered
1-18 Section 411.0096, Government Code.
1-19 SECTION 3. Section (a) of Article 47.01a, Code of Criminal
1-20 Procedure, is amended to read as follows:
1-21 (a) If a criminal action relating to allegedly stolen
1-22 property is not pending, a district judge, county court judge,
1-23 statutory county court judge, or justice of the peace having
2-1 jurisdiction as a magistrate in the county in which the property is
2-2 held or a municipal judge having jurisdiction as a magistrate in
2-3 the municipality in which the property is being held may hold a
2-4 hearing to determine the right to possession of the property, upon
2-5 the petition of an interested person, a county, a city, or the
2-6 state. Jurisdiction under this section is based solely on
2-7 jurisdiction as a criminal magistrate under this code and not
2-8 jurisdiction as a civil court. The court shall:
2-9 (1) order the property delivered to whoever has the
2-10 superior right to possession, without conditions; or
2-11 (2) on the filing of a written motion before trial by
2-12 an attorney representing the state, order the property delivered to
2-13 whoever has the superior right to possession, subject to the
2-14 condition that the property be made available to the prosecuting
2-15 authority should it be needed in future prosecutions; or
2-16 (3) order the property awarded to the custody of the
2-17 peace officer, pending resolution of criminal investigations
2-18 regarding the property.
2-19 SECTION 4. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended,
2-24 and that this Act take effect and be in force from and after its
2-25 passage, and it is so enacted.