1-1     By:  Olivo, et al. (Senate Sponsor - West)             H.B. No. 510
 1-2           (In the Senate - Received from the House April 27, 2001;
 1-3     April 30, 2001, read first time and referred to Committee on
 1-4     Criminal Justice; May 9, 2001, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 9, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the forfeiture of property used in the commission of
 1-9     certain offenses involving children.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Article 59.01(2), Code of Criminal Procedure, is
1-12     amended to read as follows:
1-13                 (2)  "Contraband" means property of any nature,
1-14     including real, personal, tangible, or intangible, that is:
1-15                       (A)  used in the commission of:
1-16                             (i)  any first or second degree felony
1-17     under the Penal Code;
1-18                             (ii)  any felony under Section 15.031(b),
1-19     21.11, 38.04, 43.25, or 43.26 or Chapter [Chapters] 29, 30, 31, 32,
1-20     33, 33A, or 35, Penal Code; or
1-21                             (iii)  any felony under The Securities Act
1-22     (Article 581-1 et seq., Vernon's Texas Civil Statutes);
1-23                       (B)  used or intended to be used in the
1-24     commission of:
1-25                             (i)  any felony under Chapter 481, Health
1-26     and Safety Code (Texas Controlled Substances Act);
1-27                             (ii)  any felony under Chapter 483, Health
1-28     and Safety Code;
1-29                             (iii)  a felony under Chapter 153, Finance
1-30     Code;
1-31                             (iv)  any felony under Chapter 34, Penal
1-32     Code;
1-33                             (v)  a Class A misdemeanor under Subchapter
1-34     B, Chapter 365, Health and Safety Code, if the defendant has been
1-35     previously convicted twice of an offense under that subchapter; or
1-36                             (vi)  any felony under Chapter 152, Finance
1-37     Code;
1-38                       (C)  the proceeds gained from the commission of a
1-39     felony listed in Paragraph (A) or (B) of this subdivision or a
1-40     crime of violence; or
1-41                       (D)  acquired with proceeds gained from the
1-42     commission of a felony listed in Paragraph (A) or (B) of this
1-43     subdivision or a crime of violence.
1-44           SECTION 2. This Act takes effect September 1, 2001, and
1-45     applies only to property that becomes contraband on or after that
1-46     date.
1-47                                  * * * * *