1-1 AN ACT
1-2 relating to disposition of stolen property.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 47.02, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 47.02. RESTORED ON TRIAL. Upon the trial of any
1-7 criminal action for theft, or for any other illegal acquisition of
1-8 property which is by law a penal offense, the court trying the case
1-9 shall order the property to be restored to the person appearing by
1-10 the proof to be the owner of the same.
1-11 Likewise, the judge of any court in which the trial of any
1-12 criminal action for theft or any other illegal acquisition of
1-13 property which is by law a penal offense is pending may, upon
1-14 hearing, if it is proved to the satisfaction of the judge of said
1-15 court that any person is a true owner of the property alleged to
1-16 have been stolen, and which is in possession of a peace officer, by
1-17 written order, direct the property to be restored to such owner.
1-18 As to property subject to the Certificate of Title Act
1-19 (Chapter 501, Transportation Code), any magistrate having
1-20 jurisdiction in the county in which the criminal action is pending
1-21 may hold a hearing to determine the right to possession of the
1-22 property, even if a criminal action is pending, upon written
1-23 consent of the prosecuting attorney.
1-24 SECTION 2. This Act takes effect September 1, 1997.
2-1 SECTION 3. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2592 was passed by the House on April
30, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2592 on May 28, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2592 was passed by the Senate, with
amendments, on May 24, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor