By: Hegar S.B. No. 722

(In the Senate - Filed February 16, 2007; March 6, 2007, read first time and referred to Committee on Criminal Justice; April 26, 2007, reported favorably by the following vote: Yeas 5, Nays 0; April 26, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to summary destruction or summary forfeiture of controlled substance property or controlled substance plants.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 481.151, Health and Safety Code, is amended by adding Subdivisions (3) and (4) to read as follows:

(3) "Summary destruction" or "summarily destroy" means destruction without the necessity of any court action, a court order, or further proceedings.

(4) "Summary forfeiture" or "summarily forfeit" means forfeiture without the necessity of any court action, a court order, or further proceedings.

SECTION 2. The heading to Section 481.152, Health and Safety Code, is amended to read as follows:

Sec. 481.152. SEIZURE, [AND] SUMMARY FORFEITURE, AND SUMMARY DESTRUCTION OF CONTROLLED SUBSTANCE PLANTS.

SECTION 3. Subsection (c), Section 481.152, Health and Safety Code, is amended to read as follows:

(c) If a person who occupies or controls land or premises on which the plants are growing fails on the demand of a peace officer to produce an appropriate registration or proof that the person is the holder of the registration, the officer may seize and summarily forfeit the plants.

SECTION 4. The heading to Section 481.153, Health and Safety Code, is amended to read as follows:

Sec. 481.153. SEIZURE, [AND] SUMMARY FORFEITURE, AND SUMMARY DESTRUCTION OF CONTROLLED SUBSTANCE PROPERTY.

SECTION 5. Subsection (b), Section 481.153, Health and Safety Code, is amended to read as follows:

(b) If an item of controlled substance property is seized and forfeited under this section, a court may order the disposition of the property under Section 481.159, or the department or a peace officer may summarily destroy the property under the rules of the department.

SECTION 6. Subsection (a), Section 481.154, Health and Safety Code, is amended to read as follows:

(a) The director may adopt reasonable rules and procedures, not inconsistent with the provisions of this chapter, concerning:

(1) summary forfeiture and summary destruction of controlled substance property or plants;

(2) establishment and operation of a secure storage area;

(3) delegation by a law enforcement agency head of the authority to access a secure storage area; and

(4) minimum tolerance for and the circumstances of loss or destruction during an investigation.

SECTION 7. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

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