By:  Rangel                                                       H.B. No. 3377


A BILL TO BE ENTITLED
AN ACT
relating to the filing of a notice of seizure and intended forfeiture in an asset forfeiture case and the location of a hearing in the case BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 59.04, Code of Criminal Procedure, Subsection (b) is amended to read as follows: (b) A forfeiture proceeding commences under this chapter when the attorney representing the state files a notice of the seizure and intended forfeiture in the name of the state with the clerk of the district court in the county in which the seizure is made. The attorney representing the state must attach to the notice the peace officer's sworn statement under Article 59.03 of this code, or if the property has been seized under Article 59.12(b), the statement of the terms and amount of the depository account or inventory of assets provided by the regulated financial institution to the peace officer executing the warrant in the manner described by Article 59.12(b). Except as provided by Subsection (c) of the article, the attorney representing the state shall cause certified copies of the notice to be served on the following persons in the same manner as provided for the service of process by citation in civil cases: (1) the owner of the property; and (2) any interest holder in the property. Forfeiture cases arising from the Sarita Federal Checkpoint in Sarita, Kenedy County, Texas, may be filed in the county where the property was seized and with consent of the Respondent, in a county that is adjacent to and in the same judicial district as the county where the property was seized. SECTION 2. This Act takes effect September 1, 2003.