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A BILL TO BE ENTITLED
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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 59.06(b), Code of Criminal Procedure, is |
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amended 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 for the use of that |
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agency. A municipal or county agency to which a law enforcement |
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agency loans a motor vehicle under this subsection: |
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(1) shall maintain the vehicle and pay for all costs |
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associated with the use and repair of the vehicle; and |
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(2) is liable to the loaning agency for any damages to |
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the vehicle or reduction in the value of the vehicle attributable to |
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the receiving agency's using the vehicle. |
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SECTION 2. Sections 683.016(a) and (b), Transportation |
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Code, are amended to 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 for the use of that agency. |
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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 to which the vehicle was transferred |
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under Subsection (a) discontinues use of the vehicle. |
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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. |