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