Amend CSHB 2292 by adding the following appropriately 
numbered SECTIONS to Article 2 of the bill and renumbering 
subsequent SECTIONS of the bill accordingly:
	SECTION _____.  Articles 59.01(1) and (2), Code of Criminal 
Procedure, are amended to read as follows:
		(1)  "Attorney representing the state" means the 
prosecutor with felony jurisdiction in the county in which a 
forfeiture proceeding is held under this chapter or, in a 
proceeding for forfeiture of contraband as defined under 
Subdivision (2)(B)(iv) of this article, the city attorney of a 
municipality if the property is seized in that municipality by a 
peace officer employed by that municipality and the governing body 
of the municipality has approved procedures for the city attorney 
acting in a forfeiture proceeding.  In a proceeding for forfeiture 
of contraband as defined under Subdivision (2)(B)(vii) of this 
article, the term includes the attorney general.
		(2)  "Contraband" means property of any nature, 
including real, personal, tangible, or intangible, that is:
			(A)  used in the commission of:                                              
				(i)  any first or second degree felony under 
the Penal Code;              
				(ii)  any felony under Section 15.031(b), 
21.11, 38.04, 43.25, or 43.26 or Chapter 29, 30, 31, 32, 33, 33A, or 
35, Penal Code;  or
				(iii) any felony under The Securities Act 
(Article 581-1 et seq., Vernon's Texas Civil Statutes);
			(B)  used or intended to be used in the commission 
of:                     
				(i)  any felony under Chapter 481, Health 
and Safety Code (Texas Controlled Substances Act);
				(ii)  any felony under Chapter 483, Health 
and Safety Code;               
				(iii) a felony under Chapter 153, Finance 
Code;                           
				(iv)  any felony under Chapter 34, Penal 
Code;                            
				(v)  a Class A misdemeanor under Subchapter 
B, Chapter 365, Health and Safety Code, if the defendant has been 
previously convicted twice of an offense under that subchapter;  
[or]
				(vi) any felony under Chapter 152, Finance 
Code;  or               
				(vii)  any felony under Chapter 31, 32, or 
37, Penal Code, that involves the state Medicaid program, or any 
felony under Chapter 36, Human Resources Code;
			(C)  the proceeds gained from the commission of a 
felony listed in Paragraph (A) or (B) of this subdivision or a crime 
of violence;  or
			(D)  acquired with proceeds gained from the 
commission of a felony listed in Paragraph (A) or (B) of this 
subdivision or a crime of violence.
	SECTION _____.  Article 59.06, Code of Criminal Procedure, is 
amended by adding Subsection (p) to read as follows:
	(p)  Notwithstanding Subsection (a), and to the extent 
necessary to protect the commission's ability to recover amounts 
wrongfully obtained by the owner of the property and associated 
damages and penalties to which the commission may otherwise be 
entitled by law, the attorney representing the state shall transfer 
to the Health and Human Services Commission all forfeited property 
defined as contraband under Article 59.01(2)(B)(vii).  If the 
forfeited property consists of property other than money or 
negotiable instruments, the attorney representing the state may, if 
approved by the commission, sell the property and deliver to the 
commission the proceeds from the sale, minus costs attributable to 
the sale.  The sale must be conducted in a manner that is reasonably 
expected to result in receiving the fair market value for the 
property.