| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the transfer of certain abandoned or forfeited property |
|
|
to county or municipal agencies or school districts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 59.06(b), Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
(b) If a local agreement exists between the attorney |
|
|
representing the state and law enforcement agencies, the attorney |
|
|
representing the state may transfer the property to law enforcement |
|
|
agencies to maintain, repair, use, and operate the property for |
|
|
official purposes if the property is free of any interest of an |
|
|
interest holder. The agency receiving the forfeited property may |
|
|
purchase the interest of an interest holder so that the property can |
|
|
be released for use by the agency. The agency receiving the |
|
|
forfeited property may maintain, repair, use, and operate the |
|
|
property with money appropriated for current operations. If the |
|
|
property is a motor vehicle subject to registration under the motor |
|
|
vehicle registration laws of this state, the agency receiving the |
|
|
forfeited vehicle is considered to be the purchaser and the |
|
|
certificate of title shall issue to the agency. A law enforcement |
|
|
[The] agency to which property is transferred under this subsection |
|
|
at any time may transfer or loan the property to any other [a] |
|
|
municipal or county [law enforcement] agency or to a school |
|
|
district for the use of that agency or district. A municipal or |
|
|
county agency or school district to which a law enforcement agency |
|
|
loans a motor vehicle under this subsection: |
|
|
(1) shall maintain the vehicle and pay for all costs |
|
|
associated with the use and repair of the vehicle; and |
|
|
(2) is liable to the loaning agency for any damages to |
|
|
the vehicle or reduction in the value of the vehicle attributable to |
|
|
the receiving agency's or district's use of the vehicle. |
|
|
SECTION 2. Section 683.016, Transportation Code, is amended |
|
|
by amending Subsections (a) and (b) and adding Subsection (e) to |
|
|
read as follows: |
|
|
(a) The law enforcement agency that takes an abandoned motor |
|
|
vehicle into custody that is not claimed under Section 683.012 may: |
|
|
(1) use the vehicle for agency purposes; or |
|
|
(2) transfer the vehicle to any municipal or county |
|
|
agency or school district for the use of that agency or district. |
|
|
(b) The law enforcement agency shall auction the vehicle as |
|
|
provided by this subchapter if the law enforcement agency or the |
|
|
municipal or county agency or school district to which the vehicle |
|
|
was transferred under Subsection (a) discontinues use of the |
|
|
vehicle. |
|
|
(e) A law enforcement agency must comply with the notice |
|
|
requirements of Section 683.012 before the law enforcement agency |
|
|
may transfer a vehicle under Subsection (a)(2). |
|
|
SECTION 3. Article 59.06(b), Code of Criminal Procedure, |
|
|
and Section 683.016, Transportation Code, as amended by this Act, |
|
|
apply to personal property seized or taken into custody on or after |
|
|
the effective date of this Act. Personal property seized or taken |
|
|
into custody before the effective date of this Act is governed by |
|
|
the law in effect on the date the property is seized or taken into |
|
|
custody, and the former law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2007. |
|
|
|
|
|
* * * * * |