By Dutton                                              H.B. No. 899
         76R4567 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the forfeiture of motor vehicles used in the commission
 1-3     of certain offenses involving prostitution.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 59.01(2), Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7                 (2)  "Contraband" means property of any nature,
 1-8     including real, personal, tangible, or intangible, that is:
 1-9                       (A)  used in the commission of:
1-10                             (i)  any first or second degree felony
1-11     under the Penal Code;
1-12                             (ii)  any felony under Section 38.04 or
1-13     Chapters 29, 30, 31, 32, 33, 33A, or 35, Penal Code; [or]
1-14                             (iii)  any felony under The Securities Act
1-15     (Article 581-1 et seq., Vernon's Texas Civil Statutes); or
1-16                             (iv)  a misdemeanor under Section
1-17     43.02(a)(2), Penal Code, except that for the purpose of this
1-18     subparagraph only, the only property that constitutes contraband is
1-19     a motor vehicle used in the commission of the offense;
1-20                       (B)  used or intended to be used in the
1-21     commission of:
1-22                             (i)  any felony under Chapter 481, Health
1-23     and Safety Code (Texas Controlled Substances Act);
1-24                             (ii)  any felony under Chapter 483, Health
 2-1     and Safety Code;
 2-2                             (iii)  a felony under Chapter 153, Finance
 2-3     Code [Article 350, Revised Statutes];
 2-4                             (iv)  any felony under Chapter 34, Penal
 2-5     Code;
 2-6                             (v)  a Class A misdemeanor under Subchapter
 2-7     B, Chapter 365, Health and Safety Code, if the defendant has been
 2-8     previously convicted twice of an offense under that subchapter; or
 2-9                             (vi)  any felony under Chapter 152, Finance
2-10     Code [The Sale of Checks Act (Article 489d, Vernon's Texas Civil
2-11     Statutes)];
2-12                       (C)  the proceeds gained from the commission of a
2-13     felony listed in Paragraph (A) or (B) of this subdivision or a
2-14     crime of violence; or
2-15                       (D)  acquired with proceeds gained from the
2-16     commission of a felony listed in Paragraph (A) or (B) of this
2-17     subdivision or a crime of violence.
2-18           SECTION 2.  (a)  The change in law made by this Act applies
2-19     only to the forfeiture of contraband used in the commission of an
2-20     offense under Section 43.02(a)(2), Penal Code, committed on or
2-21     after the effective date of this Act.  For purposes of this
2-22     section, an offense is committed before the effective date of this
2-23     Act if any element of the offense occurs before the effective date.
2-24           (b)  Forfeiture of contraband used in the commission of an
2-25     offense under Section 43.02(a)(2), Penal Code, committed before the
2-26     effective date of this Act is covered by the law in effect when the
2-27     offense was committed, and the former law is continued in effect
 3-1     for that purpose.
 3-2           SECTION 3.  This Act takes effect September 1, 1999.
 3-3           SECTION 4.  The importance of this legislation and the
 3-4     crowded condition of the calendars in both houses create an
 3-5     emergency and an imperative public necessity that the
 3-6     constitutional rule requiring bills to be read on three several
 3-7     days in each house be suspended, and this rule is hereby suspended.