H.B. 559 78(R)    BILL ANALYSIS


H.B. 559
By: Brown, Betty
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current statute a magistrate may dispose of certain property if it
falls into one of the currently listed categories. The magistrate may not
dispose of property in a category not listed in current statute. The
purpose of House Bill 559 is to expand the list of property for which a
magistrate may dispose of to include "obscene devise or material." The
bill also clarifies the definition of  "obscene" and "obscene device" as
having the meanings defined in Section 43.21, Penal Code.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

House Bill 559 amends the Code of Criminal Procedure, to add "obscene
device or materials" to the list of property the magistrate is required to
dispose of in accordance with Paragraph (a) of Article 18.18. The bill
redefines "obscene device," deletes the definition of "obscene material"
and defines "obscene."     

EFFECTIVE DATE

September 1, 2003.