By Hamric                                             H.B. No. 1011
         76R4633 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the forfeiture of certain contraband used in the
 1-3     commission of a criminal offense.
 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 22.05 or
1-13     38.04 or Chapter [Chapters] 29, 30, 31, 32, 33, 33A, or 35, Penal
1-14     Code; or
1-15                             (iii)  any felony under The Securities Act
1-16     (Article 581-1 et seq., Vernon's Texas Civil Statutes);
1-17                       (B)  used or intended to be used in the
1-18     commission of:
1-19                             (i)  any felony under Chapter 481, Health
1-20     and Safety Code (Texas Controlled Substances Act);
1-21                             (ii)  any felony under Chapter 483, Health
1-22     and Safety Code;
1-23                             (iii)  a felony under Chapter 153, Finance
1-24     Code [Article 350, Revised Statutes];
 2-1                             (iv)  any felony under Chapter 34, Penal
 2-2     Code;
 2-3                             (v)  a Class A misdemeanor under Subchapter
 2-4     B, Chapter 365, Health and Safety Code, if the defendant has been
 2-5     previously convicted twice of an offense under that subchapter; or
 2-6                             (vi)  any felony under Chapter 152, Finance
 2-7     Code [The Sale of Checks Act (Article 489d, Vernon's Texas Civil
 2-8     Statutes)];
 2-9                       (C)  the proceeds gained from the commission of a
2-10     felony listed in Paragraph (A) or (B) of this subdivision or a
2-11     crime of violence; or
2-12                       (D)  acquired with proceeds gained from the
2-13     commission of a felony listed in Paragraph (A) or (B) of this
2-14     subdivision or a crime of violence.
2-15           SECTION 2.  (a)  The change in law made by this Act applies
2-16     only to the forfeiture of contraband used in the commission of an
2-17     offense under Section 22.05, Penal Code, committed on or after the
2-18     effective date of this Act.  For purposes of this section, an
2-19     offense is committed before the effective date of this Act if any
2-20     element of the offense occurs before the effective date.
2-21           (b)  Forfeiture of contraband used in the commission of an
2-22     offense under Section 22.05, Penal Code, committed before the
2-23     effective date of this Act is covered by the law in effect when the
2-24     offense was committed, and the former law is continued in effect
2-25     for that purpose.
2-26           SECTION 3.  This Act takes effect September 1, 1999.
2-27           SECTION 4.  The importance of this legislation and the
 3-1     crowded condition of the calendars in both houses create an
 3-2     emergency and an imperative public necessity that the
 3-3     constitutional rule requiring bills to be read on three several
 3-4     days in each house be suspended, and this rule is hereby suspended.