By Hinojosa                                           H.B. No. 2189
         76R7631 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to criminal asset forfeiture of real property.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Article 59.05(d), Code of Criminal Procedure, is
 1-5     amended to read as follows:
 1-6           (d)  A final conviction for an underlying offense is a
 1-7     requirement for forfeiture of real property under this chapter.  A
 1-8     final conviction  for an underlying offense is not a requirement
 1-9     for forfeiture of property other than real property under this
1-10     chapter. An owner or interest  holder of property other than real
1-11     property may present evidence of a dismissal or acquittal of an
1-12     underlying offense in a forfeiture  proceeding, and evidence of an
1-13     acquittal raises a presumption that the property or interest that
1-14     is the subject of the hearing is nonforfeitable.  This presumption
1-15     can be rebutted by evidence that the owner or interest holder knew
1-16     or should have known that the property was contraband.
1-17           SECTION 2.  (a)  The change in law made by this Act applies
1-18     only to property subject to forfeiture on the basis of an offense
1-19     committed on or after the effective date of this Act.  For purposes
1-20     of this section, an offense is committed before the effective date
1-21     of this Act if any element of the offense occurs before the
1-22     effective date.
1-23           (b)  Property subject to forfeiture on the basis of an
1-24     offense committed before the effective date of this Act is covered
 2-1     by the law in effect when the offense was committed, and the former
 2-2     law is continued in effect for that purpose.
 2-3           SECTION 3.  This Act takes effect September 1, 1999.
 2-4           SECTION 4.  The importance of this legislation and the
 2-5     crowded condition of the calendars in both houses create an
 2-6     emergency and an imperative public necessity that the
 2-7     constitutional rule requiring bills to be read on three several
 2-8     days in each house be suspended, and this rule is hereby suspended.