78R6366 PEP-D

By:  Phillips                                                     H.B. No. 2903



A BILL TO BE ENTITLED

AN ACT

relating to the circumstances under which contraband is not subject 
to forfeiture.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 59.02(c), Code of Criminal Procedure, is 
amended to read as follows:
	(c)  An owner or interest holder's interest in property may 
not be forfeited under this chapter if the owner or interest holder 
proves by a preponderance of the evidence that the owner or interest 
holder:
		(1)  acquired and perfected the interest[:            
		[(1)]  before or during the act or omission giving rise 
to forfeiture or, if the property is real property, [he] acquired an 
ownership interest, security interest, or lien interest before a 
lis pendens notice was filed under Article 59.04(g) of this code,
and:
			(A)  did not know and [or] should not reasonably 
have known of the act or omission giving rise to the forfeiture or 
that it was likely to occur at or before the time of that act or 
omission [acquiring and perfecting the interest or, if the property 
is real property, at or before the time of acquiring the ownership 
interest, security interest, or lien interest]; or
			(B)  on acquiring information to the effect that 
the act or omission occurred or was likely to occur, contacted a law 
enforcement agency to file a report; or
		(2)  acquired and perfected the interest after the act 
or omission giving rise to the forfeiture, but before the seizure of 
the property, and only if the owner or interest holder:
			(A)  was, at the time that the interest in the 
property was acquired, an owner or interest holder for value; and
			(B)  was without reasonable cause to believe that 
the property was contraband and did not purposefully avoid learning 
that the property was contraband.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.