By Hartnett                                           H.B. No. 1912
       74R3056 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain property that is contraband for the purpose of
    1-3  forfeiture.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 59.01(2), Code of Criminal Procedure, as
    1-6  amended by Section 5, Chapter 761, and Section 1, Chapter 828, Acts
    1-7  of the 73rd Legislature, Regular Session, 1993, is amended to read
    1-8  as follows:
    1-9              (2)  "Contraband" means property of any nature,
   1-10  including real, personal, tangible, or intangible, that is:
   1-11                    (A)  used immediately before, during, or
   1-12  immediately after the commission of or during departure immediately
   1-13  following <in> the commission of:
   1-14                          (i)  any first or second degree felony
   1-15  under the Penal Code;
   1-16                          (ii)  any felony under Chapters 29, 30, 31,
   1-17  or 32, Penal Code; or
   1-18                          (iii)  any felony under The Securities Act
   1-19  (Article 581-1 et seq., Vernon's Texas Civil Statutes);
   1-20                    (B)  used or intended to be used immediately
   1-21  before, during, or immediately after the commission of or during
   1-22  departure immediately following <in> the commission of:
   1-23                          (i)  any felony under Chapter 481, Health
   1-24  and Safety Code (Texas Controlled Substances Act);
    2-1                          (ii)  any felony under Chapter 483, Health
    2-2  and Safety Code;
    2-3                          (iii)  a felony under Article 350, Revised
    2-4  Statutes; <or>
    2-5                          (iv)  any felony under Chapter 34, Penal
    2-6  Code; <or>
    2-7                          (v) <(iv)>  a Class A misdemeanor under
    2-8  Subchapter B, Chapter 365, Health and Safety Code, if the defendant
    2-9  has been previously convicted twice of an offense under that
   2-10  subchapter; or
   2-11                          (vi) <(v)>  any felony under The Sale of
   2-12  Checks Act (Article 489d, Vernon's Texas Civil Statutes);
   2-13                    (C)  the proceeds gained from the commission of a
   2-14  felony listed in Paragraph (A) or (B) of this subdivision or a
   2-15  crime of violence; or
   2-16                    (D)  acquired with proceeds gained from the
   2-17  commission of a felony listed in Paragraph (A) or (B) of this
   2-18  subdivision or a crime of violence.
   2-19        SECTION 2.  The change in law made by this Act applies only
   2-20  to property that is contraband on or after the effective date of
   2-21  this Act.  Property that was contraband before the effective date
   2-22  of this Act is covered by the law in effect when the property
   2-23  became contraband, and the former law is continued in effect for
   2-24  that purpose.
   2-25        SECTION 3.  This Act takes effect September 1, 1995.
   2-26        SECTION 4.  The importance of this legislation and the
   2-27  crowded condition of the calendars in both houses create an
    3-1  emergency and an imperative public necessity that the
    3-2  constitutional rule requiring bills to be read on three several
    3-3  days in each house be suspended, and this rule is hereby suspended.