By Hamric                                       H.B. No. 1758

      75R5900 KEL-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to property subject to forfeiture after commission of an

 1-3     offense.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subdivision (2), Article 59.01, Code of Criminal

 1-6     Procedure, is amended to read as follows:

 1-7                 (2)  "Contraband" means property of any nature,

 1-8     including real, personal, tangible, or intangible, that is:

 1-9                       (A)  used in the commission of:

1-10                             (i)  any first or second degree felony

1-11     under the Penal Code;

1-12                             (ii)  any felony under Section 22.05 or

1-13     38.04 or Chapter [Chapters] 29, 30, 31, 32, or 35, Penal Code; or

1-14                             (iii)  any felony under The Securities Act

1-15     (Article 581-1 et seq., Vernon's Texas Civil Statutes);

1-16                       (B)  used or intended to be used in the

1-17     commission of:

1-18                             (i)  any felony under Chapter 481, Health

1-19     and Safety Code (Texas Controlled Substances Act);

1-20                             (ii)  any felony under Chapter 483, Health

1-21     and Safety Code;

1-22                             (iii)  a felony under Article 350, Revised

1-23     Statutes;

1-24                             (iv)  any felony under Chapter 34, Penal

 2-1     Code;

 2-2                             (v)  a Class A misdemeanor under Subchapter

 2-3     B, Chapter 365, Health and Safety Code, if the defendant has been

 2-4     previously convicted twice of an offense under that subchapter; or

 2-5                             (vi)  any felony under The Sale of Checks

 2-6     Act (Article 489d, Vernon's Texas Civil Statutes);

 2-7                       (C)  the proceeds gained from the commission of a

 2-8     felony listed in Paragraph (A) or (B) of this subdivision or a

 2-9     crime of violence; or

2-10                       (D)  acquired with proceeds gained from the

2-11     commission of a felony listed in Paragraph (A) or (B) of this

2-12     subdivision or a crime of violence.

2-13           SECTION 2.  This Act takes effect September 1, 1997.  The

2-14     change in law made by this Act applies only to an offense committed

2-15     on or after September 1, 1997.  An offense committed before

2-16     September 1, 1997, is covered by the law in effect when the offense

2-17     was committed, and the former law is continued in effect for that

2-18     purpose.  For purposes of this section, an offense was committed

2-19     before September 1, 1997, if any element of the offense occurred

2-20     before that date.

2-21           SECTION 3.  The importance of this legislation and the

2-22     crowded condition of the calendars in both houses create an

2-23     emergency and an imperative public necessity that the

2-24     constitutional rule requiring bills to be read on three several

2-25     days in each house be suspended, and this rule is hereby suspended.