1-1 By: Shapleigh S.B. No. 908 1-2 (In the Senate - Filed March 4, 1999; March 8, 1999, read 1-3 first time and referred to Committee on State Affairs; 1-4 March 22, 1999, reported favorably by the following vote: Yeas 8, 1-5 Nays 1; March 22, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the award of certain vehicles and vessels acquired by 1-9 theft or other unlawful means to government agencies. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subsection (b), Article 47.01a, Code of Criminal 1-12 Procedure, is amended to read as follows: 1-13 (b) If it is shown in a hearing that probable cause exists 1-14 to believe that the property was acquired by theft or by another 1-15 manner that makes its acquisition an offense and that the identity 1-16 of the actual owner of the property cannot be determined, the court 1-17 shall order the peace officer to: 1-18 (1) deliver the property to a government agency for 1-19 official purposes, and if the property is property subject to 1-20 Chapter 501, Transportation Code, or a watercraft or an outboard 1-21 motor, the government agency may take title free and clear of all 1-22 liens and claims of ownership provided notice of the hearing under 1-23 this chapter has been sent by certified mail not less than 10 days 1-24 prior to the date of the hearing to the last known registered owner 1-25 of the property subject to Chapter 501, Transportation Code, or the 1-26 watercraft or outboard motor and to each lienholder recorded under 1-27 Chapter 501, Transportation Code, for property subject to that 1-28 chapter, or under Chapter 31, Parks and Wildlife Code, for a 1-29 watercraft or an outboard motor; 1-30 (2) deliver the property to a person authorized by 1-31 Article 18.17 of this code to receive and dispose of the property; 1-32 or 1-33 (3) destroy the property. 1-34 SECTION 2. This Act takes effect September 1, 1999. 1-35 SECTION 3. The importance of this legislation and the 1-36 crowded condition of the calendars in both houses create an 1-37 emergency and an imperative public necessity that the 1-38 constitutional rule requiring bills to be read on three several 1-39 days in each house be suspended, and this rule is hereby suspended. 1-40 * * * * *