Amend CSHB 2526 as follows:
(1) On page 1, between lines 19 and 20, add a new SECTION 2
to the bill to read as follows:
SECTION 2. Sections 12.1106(b) and (d), Parks and Wildlife
Code, are amended to read as follows:
(b) The warden or officer shall give notice of the seizure,
including a description of the seized property and the location and
date of seizure, to the county judge or a judge of a county court
at law or district court of the county where the seizure occurred:
(1) when a person pleads guilty or nolo contendere to,
is convicted of, or is placed on deferred adjudication for:
(A) an offense under Section 66.006, Section
66.2011, or Subchapter G, Chapter 43, of this code; or
(B) a second or subsequent offense under Section
61.022, 62.003, 62.004, or 62.005 of this code; or
(2) if no person is arrested for an offense
immediately after the warden or officer seizes the property.
(d) The court shall order the seized property:
(1) forfeited to the department if the court
determines by a preponderance of the evidence that:
(A) the seized property is contraband and a
person pleaded guilty or nolo contendere to, was convicted of, or
was placed on deferred adjudication for:
(i) an offense under Section 66.006,
Section 66.2011, or Subchapter G, Chapter 43, of this code; or
(ii) a second or subsequent offense under
Section 61.022, 62.003, 62.004, or 62.005 of this code; or
(B) the seized property is contraband and no
person was arrested for an offense immediately after the warden or
officer seized the property; or
(2) released to the owner if:
(A) the person charged with an offense under
Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, of
this code or a second or subsequent offense under Section 61.022,
62.003, 62.004, or 62.005 of this code is acquitted or the charge
is dismissed; or
(B) the court determines that the seized
property is not contraband.
(2) Renumber subsequent SECTIONS of the bill appropriately.