By: Shapleigh S.B. No. 908
99S0511/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the award of abandoned vehicles and vessels to
1-2 government agencies.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Article 47.01a, Code of Criminal
1-5 Procedure, is amended to read as follows:
1-6 (b) If it is shown in a hearing that probable cause exists
1-7 to believe that the property was acquired by theft or by another
1-8 manner that makes its acquisition an offense and that the identity
1-9 of the actual owner of the property cannot be determined, the court
1-10 shall order the peace officer to:
1-11 (1) deliver the property to a government agency for
1-12 official purposes, and if the property is property subject to
1-13 Chapter 501, Transportation Code, or a watercraft or an outboard
1-14 motor, the government agency may take title free and clear of all
1-15 liens and claims of ownership, provided notice of the hearing under
1-16 this chapter has been sent by certified mail not less than 10 days
1-17 prior to the date of the hearing to the last known registered owner
1-18 of the property subject to Chapter 501, Transportation Code, or the
1-19 watercraft or outboard motor, and each lienholder recorded under
1-20 Chapter 501, Transportation Code, for property subject to that
1-21 chapter, or under Chapter 31, Parks and Wildlife Code, for a
1-22 watercraft or an outboard motor;
1-23 (2) deliver the property to a person authorized by
1-24 Article 18.17 of this code to receive and dispose of the property;
2-1 or
2-2 (3) destroy the property.
2-3 SECTION 2. This Act takes effect September 1, 1999.
2-4 SECTION 3. 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.