By Olivo                                               H.B. No. 510
         77R3438 ATP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the forfeiture of property used in the commission of
 1-3     certain offenses involving children.
 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     43.26 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); or
1-17                             (iv)  any felony or misdemeanor under
1-18     Section 25.04, Penal Code;
1-19                       (B)  used or intended to be used in the
1-20     commission of:
1-21                             (i)  any felony under Chapter 481, Health
1-22     and Safety Code (Texas Controlled Substances Act);
1-23                             (ii)  any felony under Chapter 483, Health
1-24     and Safety Code;
 2-1                             (iii)  a felony under Chapter 153, Finance
 2-2     Code;
 2-3                             (iv)  any felony under Chapter 34, Penal
 2-4     Code;
 2-5                             (v)  a Class A misdemeanor under Subchapter
 2-6     B, Chapter 365, Health and Safety Code, if the defendant has been
 2-7     previously convicted twice of an offense under that subchapter; or
 2-8                             (vi)  any felony under Chapter 152, Finance
 2-9     Code;
2-10                       (C)  the proceeds gained from the commission of a
2-11     felony listed in Paragraph (A) or (B) of this subdivision or a
2-12     crime of violence; or
2-13                       (D)  acquired with proceeds gained from the
2-14     commission of a felony listed in Paragraph (A) or (B) of this
2-15     subdivision or a crime of violence.
2-16           SECTION 2. This Act takes effect September 1, 2001, and
2-17     applies only to property used in the commission of an offense under
2-18     Section 25.04 or 43.26, Penal Code, if the offense is committed on
2-19     or after that date.  Property used in the commission of an offense
2-20     committed before the effective date of this Act is covered by the
2-21     law in effect when the offense was committed, and the former law is
2-22     continued in effect for that purpose.  For purposes of this
2-23     section, an offense was committed before the effective date of this
2-24     Act if any element of the offense occurred before that date.