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AN ACT
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relating to the transfer of certain abandoned or forfeited property |
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to county or municipal agencies or school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 59.06, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsections (b-1) and |
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(b-2) to read as follows: |
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(b) If a local agreement exists between the attorney |
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representing the state and law enforcement agencies, the attorney |
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representing the state may transfer the property to law enforcement |
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agencies to maintain, repair, use, and operate the property for |
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official purposes if the property is free of any interest of an |
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interest holder. The agency receiving the forfeited property may |
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purchase the interest of an interest holder so that the property can |
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be released for use by the agency. The agency receiving the |
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forfeited property may maintain, repair, use, and operate the |
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property with money appropriated for current operations. If the |
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property is a motor vehicle subject to registration under the motor |
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vehicle registration laws of this state, the agency receiving the |
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forfeited vehicle is considered to be the purchaser and the |
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certificate of title shall issue to the agency. A law enforcement |
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[The] agency to which property is transferred under this subsection |
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at any time may transfer or loan the property to any other [a] |
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municipal or county [law enforcement] agency or to a school |
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district for the use of that agency or district. A municipal or |
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county agency or school district to which a law enforcement agency |
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loans a motor vehicle under this subsection shall maintain any |
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automobile insurance coverage for the vehicle that is required by |
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law. |
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(b-1) If a loan is made by a sheriff's office or by a |
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municipal police department, the commissioners court of the county |
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in which the sheriff has jurisdiction or the governing body of the |
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municipality in which the department has jurisdiction, as |
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applicable, may revoke the loan at any time by notifying the |
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receiving agency or district, by mail, that the receiving agency or |
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district must return the loaned vehicle to the loaning agency |
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before the seventh day after the date the receiving agency or |
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district receives the notice. |
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(b-2) An agency that loans property under this article |
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shall: |
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(1) keep a record of the loan, including the name of |
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the agency to which the vehicle was loaned, the fair market value of |
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the vehicle, and where the receiving agency will use the vehicle; |
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and |
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(2) update the record when the information relating to |
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the vehicle changes. |
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SECTION 2. Section 683.016, Transportation Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (e) to |
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read as follows: |
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(a) The law enforcement agency that takes an abandoned motor |
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vehicle into custody that is not claimed under Section 683.012 may: |
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(1) use the vehicle for agency purposes; or |
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(2) transfer the vehicle to any municipal or county |
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agency or school district for the use of that agency or district. |
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(b) The law enforcement agency shall auction the vehicle as |
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provided by this subchapter if the law enforcement agency or the |
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municipal or county agency or school district to which the vehicle |
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was transferred under Subsection (a) discontinues use of the |
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vehicle. |
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(e) A law enforcement agency must comply with the notice |
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requirements of Section 683.012 before the law enforcement agency |
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may transfer a vehicle under Subsection (a)(2). |
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SECTION 3. Article 59.06(b), Code of Criminal Procedure, |
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and Section 683.016, Transportation Code, as amended by this Act, |
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apply to personal property seized or taken into custody on or after |
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the effective date of this Act. Personal property seized or taken |
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into custody before the effective date of this Act is governed by |
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the law in effect on the date the property is seized or taken into |
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custody, and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 195 was passed by the House on March |
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22, 2007, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 195 on May 17, 2007, by the following vote: Yeas 144, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 195 was passed by the Senate, with |
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amendments, on May 15, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |