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                               * * * * *