1-1 By: De La Garza (Senate Sponsor - Lucio) H.B. No. 523
1-2 (In the Senate - Received from the House April 28, 1995;
1-3 May 1, 1995, read first time and referred to Committee on
1-4 International Relations, Trade, and Technology; May 3, 1995,
1-5 reported favorably by the following vote: Yeas 5, Nays 0;
1-6 May 3, 1995, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to stolen vehicle checkpoints near the Mexico border and
1-10 the jurisdiction of a magistrate to hear a stolen property
1-11 disposition hearing.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 411.0095(b), Government Code, as added by
1-14 Chapter 493, Acts of the 73rd Legislature, Regular Session, 1993,
1-15 is amended to read as follows:
1-16 (b) A checkpoint may be established for the purpose of
1-17 preventing stolen vehicles, farm tractors or implements, or
1-18 construction equipment from entering Mexico if the checkpoint is:
1-19 (1) located within 250 yards of the actual boundary
1-20 between this state and Mexico <feet of the Mexican border>;
1-21 (2) located on a public highway or street leading
1-22 directly to an international crossing; <and>
1-23 (3) designed to stop only traffic bound for Mexico;
1-24 and
1-25 (4) operated in such a manner as to stop only
1-26 vehicles, tractors or implements, or equipment for which law
1-27 enforcement authorities have probable cause to believe is stolen
1-28 and bound for Mexico, as evidenced by broken windows or other
1-29 visible signs of forced entry.
1-30 SECTION 2. Section 411.0095, Government Code, as added by
1-31 Chapter 790, Acts of the 73rd Legislature, Regular Session, 1993,
1-32 is renumbered as Section 411.0096, Government Code.
1-33 SECTION 3. Subsection (a), Article 47.01a, Code of Criminal
1-34 Procedure, is amended to read as follows:
1-35 (a) If a criminal action relating to allegedly stolen
1-36 property is not pending, a district judge, county court judge,
1-37 statutory county court judge, or justice of the peace having
1-38 jurisdiction as a magistrate in the county in which the property is
1-39 held or a municipal judge having jurisdiction as a magistrate in
1-40 the municipality in which the property is being held may hold a
1-41 hearing to determine the right to possession of the property, upon
1-42 the petition of an interested person, a county, a city, or the
1-43 state. Jurisdiction under this section is based solely on
1-44 jurisdiction as a criminal magistrate under this code and not
1-45 jurisdiction as a civil court. The court shall:
1-46 (1) order the property delivered to whoever has the
1-47 superior right to possession, without conditions; or
1-48 (2) on the filing of a written motion before trial by
1-49 an attorney representing the state, order the property delivered to
1-50 whoever has the superior right to possession, subject to the
1-51 condition that the property be made available to the prosecuting
1-52 authority should it be needed in future prosecutions; or
1-53 (3) order the property awarded to the custody of the
1-54 peace officer, pending resolution of criminal investigations
1-55 regarding the property.
1-56 SECTION 4. The importance of this legislation and the
1-57 crowded condition of the calendars in both houses create an
1-58 emergency and an imperative public necessity that the
1-59 constitutional rule requiring bills to be read on three several
1-60 days in each house be suspended, and this rule is hereby suspended,
1-61 and that this Act take effect and be in force from and after its
1-62 passage, and it is so enacted.
1-63 * * * * *