78R3308 MI-F

By:  Keffer of Eastland                                           H.B. No. 3470



A BILL TO BE ENTITLED

AN ACT

relating to the type of action for forfeiture the state may bring  
and the items subject to forfeiture under Chapter 115, Natural 
Resources Code.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Subchapter C, Chapter 115, 
Natural Resources Code, is amended to read as follows:

SUBCHAPTER C.  FORFEITURE OF UNLAWFUL OIL, UNLAWFUL [OR] PETROLEUM 
PRODUCT, OR PROCEEDS FROM UNLAWFUL OIL OR PETROLEUM PRODUCT
	SECTION 2.  Sections 115.031 and 115.032, Natural Resources 
Code, are amended to read as follows:
	Sec. 115.031.  FORFEITURE AUTHORIZED.  Unlawful oil, [and] 
unlawful petroleum products, or proceeds from the sale of unlawful 
oil or unlawful petroleum products, regardless of the date of 
production, [or] manufacture, or sale, are declared to be a 
nuisance and shall be forfeited to this state as provided by this 
subchapter.
	Sec. 115.032.  REPORT TO ATTORNEY GENERAL.  On the discovery 
of unlawful oil, [or] an unlawful petroleum product, or proceeds 
from the sale of unlawful oil or an unlawful petroleum product, a 
member of the commission, an agent or employee of the commission, or 
a peace officer shall immediately file with the attorney general a 
report that describes the unlawful oil, [or] unlawful petroleum 
product, or proceeds from the sale of unlawful oil or an unlawful 
petroleum product.  The report must state the ownership, party in 
possession, amount, location, and classification of the oil or 
petroleum product or the ownership, party in possession, amount, 
and location of proceeds from the sale of unlawful oil or an 
unlawful petroleum product.
	SECTION 3.  The heading to Section 115.033, Natural 
Resources Code, is amended to read as follows:
	Sec. 115.033.  FORFEITURE SUIT [ACTION IN REM].        
	SECTION 4.  Section 115.033(a), Natural Resources Code, is 
amended to read as follows:
	(a)  If the attorney general is advised by any source, 
including the sources listed in Section 115.032, of the presence of 
unlawful oil, [or] an unlawful petroleum product, or unlawful 
proceeds from the sale of unlawful oil or an unlawful petroleum 
product, the attorney general shall bring a forfeiture suit [an 
action in rem] in the name of the state in Travis County or in the 
county in which the oil, [or] petroleum product, or proceeds are
[is] located against the unlawful oil, unlawful [or] petroleum 
product, or unlawful proceeds from the sale of unlawful oil or an 
unlawful petroleum product and against each person who owns, 
claims, or is in possession of the oil, [or] petroleum product, or 
proceeds.
	SECTION 5.  Subchapter C, Chapter 115, Natural Resources 
Code, is amended by adding Section 115.035 to read as follows:
	Sec. 115.035.  FORFEITURE OF PROCEEDS.  (a)  Articles 
59.08(a) and 59.12, Code of Criminal Procedure, apply to the 
pretrial disposition of proceeds in the form of money or property 
consisting of a depository account.
	(b)  If on the trial of the action the proceeds in 
controversy are found to be unlawful, the court shall render 
judgment forfeiting the proceeds to this state.
	SECTION 6.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The changes in law made by Sections 115.031, 115.032, 
and 115.033, Natural Resources Code, as amended by this Act, and 
Section 115.035, Natural Resources Code, as added by this Act, 
apply only to an offense committed on or after September 1, 2003.  
For purposes of this section, an offense is committed before  
September 1, 2003, if any element of the offense occurs before that 
date.  An offense committed before September 1, 2003, is covered by 
the law in effect when the offense was committed, and the former law 
is continued in effect for that purpose.