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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring defendants convicted of the manufacture of |
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methamphetamine to pay for remediation measures for the premises on |
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which the methamphetamine was manufactured. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.037, Code of Criminal Procedure, is |
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amended by adding Subsection (t) to read as follows: |
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(t) This subsection applies only to a person who is |
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convicted of the manufacture of methamphetamine in violation of |
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Section 481.112, Health and Safety Code. The court shall order a |
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defendant who is found to have manufactured methamphetamine on real |
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property that the defendant does not own to pay the owner of the |
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property the cost of: |
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(1) repairing physical damage to the property caused |
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by the manufacture of methamphetamine; |
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(2) removing and disposing of hazardous substances and |
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contaminated materials; and |
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(3) performing remediation measures for the property |
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to remove residual contaminants injurious to human health. |
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SECTION 2. The change in law made by this Act applies only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is covered |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |