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