By:  Ellis                                            S.B. No. 1217
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to notification of certain interest holders and owners of
    1-2  seized contraband in forfeiture proceedings; providing that asset
    1-3  forfeiture is remedial in nature rather than punitive.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsections (b), (c), and (i), Article 59.04,
    1-6  Code of Criminal Procedure, are amended to read as follows:
    1-7        (b)  A forfeiture proceeding commences under this chapter
    1-8  when the attorney representing the state files a notice of the
    1-9  seizure and intended forfeiture in the name of the state with the
   1-10  clerk of the district court in the county in which the seizure is
   1-11  made.  The attorney representing the state must attach to the
   1-12  notice the peace officer's sworn statement under Article 59.03 of
   1-13  this code.  Except as provided by Subsection (c) of this article,
   1-14  the <The> attorney representing the state shall cause certified
   1-15  copies of the notice to be served on the following persons in the
   1-16  same manner as provided for the service of process by citation in
   1-17  civil cases:
   1-18              (1)  the owner of the property; and
   1-19              (2)  any interest holder in the property.
   1-20        (c)  If the property is a motor vehicle, and if there is
   1-21  reasonable cause to believe that the vehicle has been registered
   1-22  under the laws of this state, the attorney representing the state
   1-23  shall ask the Texas <State> Department of <Highways and Public>
    2-1  Transportation to identify from its records the record owner of the
    2-2  vehicle and any interest holder.  If the addresses of the owner and
    2-3  interest holder are not otherwise known, the attorney representing
    2-4  the state shall request citation be served on such persons at the
    2-5  address listed with the Texas Department of Transportation.  If the
    2-6  citation issued to such address is returned unserved, the attorney
    2-7  representing the state shall cause a copy of the notice of the
    2-8  seizure and intended forfeiture to be posted at the courthouse
    2-9  door, to remain there for a period of not less than 30 days.  If
   2-10  the owner or interest holder does not answer or appear after the
   2-11  notice has been so posted, the court shall enter a judgment by
   2-12  default as to the owner or interest holder, provided that the
   2-13  attorney representing the state files a written motion supported by
   2-14  affidavit setting forth the attempted service.  An owner or
   2-15  interest holder whose interest is forfeited in this manner shall
   2-16  not be liable for court costs.  If the person in possession of the
   2-17  vehicle at the time of the seizure is not the owner or the interest
   2-18  holder of the vehicle, notification shall be provided to the
   2-19  possessor in the same manner specified for notification to an owner
   2-20  or interest holder.
   2-21        (i)  Except as provided by Section (c) of this article, the
   2-22  <The> attorney representing the state who commences the proceedings
   2-23  shall cause the owner and any interest holder to be named as a
   2-24  party and to be served with citation as provided by the Texas Rules
   2-25  of Civil Procedure.
    3-1        SECTION 2.  Subsection (e), Article 59.05, Code of Criminal
    3-2  Procedure, is amended to read as follows:
    3-3        (e)  It is the intention of the legislature that asset
    3-4  forfeiture is remedial in nature and not a form of punishment.  If
    3-5  the court finds that all or any part of the property is subject to
    3-6  forfeiture, the judge shall forfeit the property to the state, with
    3-7  the attorney representing the state as the agent for the state,
    3-8  except that if the court finds that the nonforfeitable interest of
    3-9  an interest holder in the property is valued in an amount greater
   3-10  than or substantially equal to the present value of the property,
   3-11  the court shall order the property released to the interest holder.
   3-12  If the court finds that the nonforfeitable interest of an interest
   3-13  holder is valued in an amount substantially less than the present
   3-14  value of the property and that the property is subject to
   3-15  forfeiture, the court shall order the property forfeited to the
   3-16  state with the attorney representing the state acting as the agent
   3-17  of the state, and making necessary orders to protect the
   3-18  nonforfeitable interest of the interest holder.  On final judgment
   3-19  of forfeiture, the attorney representing the state shall dispose of
   3-20  the property in the manner required by Article 59.06 of this code.
   3-21        SECTION 3.  If any section, sentence, clause, or part of this
   3-22  Act shall, for any reason, be held invalid, such invalidity shall
   3-23  not affect the remaining portions of the Act, and it is hereby
   3-24  declared to be the intention of this legislature to have passed
   3-25  each section, sentence, clause, or part irrespective of the fact
    4-1  that any other section, sentence, clause, or part may be declared
    4-2  invalid.
    4-3        SECTION 4.  This Act takes effect September 1, 1995.
    4-4        SECTION 5.  The importance of this legislation and the
    4-5  crowded condition of the calendars in both houses create an
    4-6  emergency and an imperative public necessity that the
    4-7  constitutional rule requiring bills to be read on three several
    4-8  days in each house be suspended, and this rule is hereby suspended.