By Hartnett H.B. No. 1911
74R3085 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the stay of a proceeding for the forfeiture of
1-3 contraband.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 59, Code of Criminal Procedure, is
1-6 amended by adding Article 59.041 to read as follows:
1-7 Art. 59.041. STAY OF FORFEITURE PROCEEDING. The court shall
1-8 grant a stay of a forfeiture proceeding on motion of the attorney
1-9 representing the state if a criminal proceeding is pending and
1-10 involves the same offense for which the contraband was seized, the
1-11 same parties, common issues of law and fact, and the same evidence
1-12 as in the forfeiture proceeding.
1-13 SECTION 2. The importance of this legislation and the
1-14 crowded condition of the calendars in both houses create an
1-15 emergency and an imperative public necessity that the
1-16 constitutional rule requiring bills to be read on three several
1-17 days in each house be suspended, and this rule is hereby suspended,
1-18 and that this Act take effect and be in force from and after its
1-19 passage, and it is so enacted.