SRC-AXB S.B. 908 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 908
By: Shapleigh
State Affairs
3/17/1999
As Filed


DIGEST 

Currently, Article 47.01a, Code of Criminal Procedure, authorizes a court
to award abandoned vehicles and water craft belonging to an undetermined
owner to a governmental agency for official purposes.  However, a title is
required to accompany property which the city wishes to sell or dispose,
which becomes difficult when the owner cannot be located.  There are no
statutory procedures by which the governmental agency can acquire title to
such abandoned property.  This bill would allow the government agency to
receive title to abandoned vehicles and water craft, subsequent to
fulfilling obligations to the last known owner of the property. 

PURPOSE

As proposed, S.B. 908 requires a court to order a peace officer to deliver
abandoned property, including certain water craft, subject to Chapter 501,
Transportation Code, to a government agency, and authorizes the government
agency to take title of property. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 47.01a(b), Code of Criminal Procedure, to set
forth requirements for the delivery of property to a government agency.
Authorizes the government agency to take title of certain property and
water craft free and clear of all liens and claims of ownership, under
certain conditions regarding notification of a hearing. 

SECTION 2.Effective date:  September 1, 1999.

SECTION 3.Emergency clause.