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A BILL TO BE ENTITLED
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AN ACT
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relating to summary destruction or summary forfeiture of controlled |
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substance property or controlled substance plants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.151, Health and Safety Code, is |
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amended by adding Subdivisions (3) and (4) to read as follows: |
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(3) "Summary destruction" or "summarily destroy" |
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means destruction without the necessity of any court action, a |
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court order, or further proceedings. |
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(4) "Summary forfeiture" or "summarily forfeit" means |
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forfeiture without the necessity of any court action, a court |
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order, or further proceedings. |
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SECTION 2. The heading to Section 481.152, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 481.152. SEIZURE, [AND] SUMMARY FORFEITURE, AND |
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SUMMARY DESTRUCTION OF CONTROLLED SUBSTANCE PLANTS. |
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SECTION 3. Section 481.152(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) If a person who occupies or controls land or premises on |
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which the plants are growing fails on the demand of a peace officer |
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to produce an appropriate registration or proof that the person is |
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the holder of the registration, the officer may seize and summarily |
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forfeit the plants. |
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SECTION 4. The heading to Section 481.153, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 481.153. SEIZURE, [AND] SUMMARY FORFEITURE, AND |
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SUMMARY DESTRUCTION OF CONTROLLED SUBSTANCE PROPERTY. |
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SECTION 5. Section 481.153(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) If an item of controlled substance property is seized |
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and forfeited under this section, a court may order the disposition |
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of the property under Section 481.159, or the department or a peace |
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officer may summarily destroy the property under the rules of the |
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department. |
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SECTION 6. Section 481.154(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The director may adopt reasonable rules and procedures, |
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not inconsistent with the provisions of this chapter, concerning: |
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(1) summary forfeiture and summary destruction of |
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controlled substance property or plants; |
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(2) establishment and operation of a secure storage |
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area; |
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(3) delegation by a law enforcement agency head of the |
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authority to access a secure storage area; and |
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(4) minimum tolerance for and the circumstances of |
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loss or destruction during an investigation. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |