By Cuellar of Webb H.B. No. 1514
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notification of certain interest holders and owners of
1-3 seized contraband in forfeiture proceedings under Chapter 59, Code
1-4 of Criminal Procedure; providing that asset forfeiture is remedial
1-5 in nature, rather than punitive.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subsections (b), (c), and (i), Article 59.04,
1-8 Code of Criminal Procedure, are amended to read as follows:
1-9 (b) A forfeiture proceeding commences under this chapter
1-10 when the attorney representing the state files a notice of the
1-11 seizure and intended forfeiture in the name of the state with the
1-12 clerk of the district court in the county in which the seizure is
1-13 made. The attorney representing the state must attach to the
1-14 notice the peace officer's sworn statement under Article 59.03 of
1-15 this code. Except as provided by subsection (c) of this article,
1-16 the <The> attorney representing the state shall cause certified
1-17 copies of the notice to be served on the following persons in the
1-18 same manner as provided for the service of process by citation in
1-19 civil cases:
1-20 (1) the owner of the property; and
1-21 (2) any interest holder in the property.
1-22 (c) If the property is a motor vehicle, and if there is
1-23 reasonable cause to believe that the vehicle has been registered
2-1 under the laws of this state, the attorney representing the state
2-2 shall ask the State Department of Highways and Public
2-3 Transportation to identify from its records the owner of the
2-4 vehicle and any interest holder. If the addresses of the owner and
2-5 interest holder are not otherwise known, the attorney representing
2-6 the state shall request citation be served upon such persons at the
2-7 address listed with the State Department of Highways and Public
2-8 Transportation. If the citation to such address is returned
2-9 unserved, the attorney representing the State shall cause a copy of
2-10 the notice of seizure and intended forfeiture to be posted at the
2-11 court house door, to remain there for a period of not less than
2-12 thirty days. If the owner or interest holder does not answer or
2-13 appear after the notice has been so posted, the court shall enter a
2-14 judgment by default as to the owner or interest holder, provided
2-15 that the attorney representing the state files a written motion
2-16 supported by affidavit setting forth the attempted service. An
2-17 owner or interest holder whose interest is forfeited in this manner
2-18 shall not be liable for court costs.
2-19 (i) Except as provided by Section (c) of this article, the
2-20 <The> attorney representing the state who commences the proceedings
2-21 shall cause the owner and any interest holder to be named as a
2-22 party and to be served with citation as provided by the Texas Rules
2-23 of Civil Procedure.
2-24 SECTION 2. Subsection (e), Article 59.05, Code of Criminal
2-25 Procedure, is amended to read as follows:
3-1 (e) It is the intention of the legislature that asset
3-2 forfeiture serve as restitution to the state, designed to make the
3-3 state and its agencies whole. It is remedial in nature and not a
3-4 form of punishment. If the court finds that all or any part of the
3-5 property is subject to forfeiture, the judge shall forfeit the
3-6 property to the state, with the attorney representing the state as
3-7 the agent of the state, except that if the court finds that the
3-8 nonforfeitable interest of an interest holder in the property is
3-9 valued in an amount greater than or substantially equal to the
3-10 present value of the property, the court shall order the property
3-11 released to the interest holder. If the court finds that the
3-12 nonforfeitable interest of an interest holder is valued in an
3-13 amount substantially less than the present value of the property
3-14 and that the property is subject to forfeiture, the court shall
3-15 order the property forfeited to the state with the attorney
3-16 representing the state acting as the agent of the state, and making
3-17 necessary orders to protect the nonforfeitable interest of the
3-18 interest holder. On final judgment of forfeiture, the attorney
3-19 representing the state shall dispose of the property in the manner
3-20 required by Article 59.06 of this code.
3-21 SECTION 3. SEVERABILITY. If any section, sentence, clause,
3-22 or part of this Act shall, for any reason, be held invalid, such
3-23 invalidity shall not affect the remaining portions of the Act, and
3-24 it is hereby declared to be the intention of this legislature to
3-25 have passed each section, sentence, clause, or part irrespective of
4-1 the fact that any other section, sentence, clause, or part may be
4-2 declared invalid.
4-3 SECTION 4. EFFECTIVE DATE. This Act takes effect on
4-4 September 1, 1995.
4-5 SECTION 5. EMERGENCY. The importance of this legislation
4-6 and the crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended,
4-10 and it is so enacted.