86R125 MAW-F
 
  By: Thompson of Harris H.B. No. 404
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to repealing civil asset forfeiture provisions and
  establishing criminal asset forfeiture in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 1, Code of Criminal Procedure, is amended
  by adding Chapter 59A to read as follows:
  CHAPTER 59A.  CRIMINAL ASSET FORFEITURE
         Art. 59A.001.  DEFINITIONS.  In this chapter:
               (1)  "Abandoned property" means personal property left
  by an owner who has intentionally relinquished all rights to
  control of the property.
               (2)  "Actual knowledge" means direct and clear
  awareness of information, facts, or conditions.
               (3)  "Contraband" means tangible or intangible goods
  that are illegal to import, export, or possess, including a
  scheduled drug without a valid prescription.
               (4)  "Conveyance" means a device or structure used for
  transportation. The term includes a motor vehicle, trailer,
  snowmobile, airplane, or vessel, and any attached equipment.
               (5)  "Department" means the Department of Public
  Safety.
               (6)  "Instrumentality" means property that is
  otherwise lawful to possess and that is used in the furtherance or
  commission of an offense subject to forfeiture. The term includes
  land, buildings, containers, conveyances, equipment, materials,
  products, computer hardware or software, telecommunications
  devices, firearms, ammunition, tools, and money, securities,
  negotiable instruments, or other means of exchange.  The term does
  not include stolen property.
               (7)  "Law enforcement agency" means a law enforcement
  agency of this state or a political subdivision of this state that
  has authority under state law to engage in seizure and forfeiture.
               (8)  "Offense subject to forfeiture" means:
                     (A)  a first or second degree felony under the
  Penal Code;
                     (B)  a third degree or state jail felony under
  Chapter 49, Penal Code, if the defendant has been previously
  convicted three times of an offense under that chapter;
                     (C)  a felony under:
                           (i)  Chapter 151, Finance Code;
                           (ii)  Chapter 481 or 483, Health and Safety
  Code;
                           (iii)  Chapter 32, Human Resources Code, or
  Chapter 35A or 37, Penal Code, that involves the state Medicaid
  program;
                           (iv)  Section 15.031, 21.11, or 38.04, Penal
  Code;
                           (v)  Chapter 20A, 29, 30, 31, 32, 33, 33A,
  34, 35, or 43, Penal Code; or
                           (vi)  The Securities Act (Article 581-1 et
  seq., Vernon's Texas Civil Statutes);
                     (D)  a Class A misdemeanor under:
                           (i)  Section 306.051, Business & Commerce
  Code; or
                           (ii)  Subchapter B, Chapter 365, Health and
  Safety Code, if the defendant has been previously convicted two
  times of an offense under that subchapter;
                     (E)  a Class B misdemeanor under Chapter 522,
  Business & Commerce Code;
                     (F)  an offense under:
                           (i)  Section 326.002, Business & Commerce
  Code;
                           (ii)  Section 20.05, 20.06, 42.10,
  46.06(a)(1), or 46.14, Penal Code;
                           (iii)  Chapter 71, Penal Code; or
                           (iv)  Section 550.021, Transportation Code;
  or
                     (G)  any other offense that results in a personal
  injury to a victim and that is provided under:
                           (i)  the Penal Code; or
                           (ii)  a federal criminal law.
         Art. 59A.002.  PURPOSE.  The purpose of this chapter is to:
               (1)  deter criminal activity by reducing the economic
  incentives;
               (2)  increase the pecuniary loss that results from
  engaging in criminal activity;
               (3)  protect against the wrongful forfeiture of
  property; and
               (4)  except as provided by Article 59A.026, ensure that
  only criminal forfeiture is allowed in this state.
         Art. 59A.003.  CRIMINAL ASSET FORFEITURE; PROPERTY SUBJECT
  TO FORFEITURE.  (a)  The convicting court may order a person
  convicted of an offense subject to forfeiture to forfeit any:
               (1)  property the person derived from the commission of
  the offense;
               (2)  property directly traceable to property derived
  from the commission of the offense; or
               (3)  instrumentality the person used in the commission
  of the offense.
         (b)  For purposes of this chapter, a person is considered
  convicted if:
               (1)  a sentence is imposed on the person; or
               (2)  the person receives community supervision,
  including deferred adjudication community supervision.
         Art. 59A.004.  EXEMPT PROPERTY.  The following are exempt
  from forfeiture:
               (1)  property that is homestead property;
               (2)  a motor vehicle valued at less than $10,000; and
               (3)  United States currency totaling $200 or less.
         Art. 59A.005.  CONTRABAND.  A person may not have a property
  interest in contraband.  Contraband is subject to seizure and shall
  be disposed of in accordance with state law.  Contraband is not
  subject to forfeiture under this chapter.
         Art. 59A.006.  CONVICTION REQUIRED; STANDARD OF PROOF.  (a)  
  Property may be forfeited under this chapter only if:
               (1)  a person is convicted of an offense subject to
  forfeiture; and
               (2)  the state establishes by clear and convincing
  evidence that the applicable requirements of Articles
  59A.003-59A.005 are met.
         (b)  This chapter does not prevent property from being
  forfeited by plea agreement approved by the convicting court.
         Art. 59A.007.  SUBSTITUTION OF ASSETS.  On the state's
  motion following conviction, the convicting court may order the
  forfeiture of substitute property owned by the defendant if the
  state proves by a preponderance of the evidence that the defendant
  intentionally transferred, sold, or deposited property with a third
  party to avoid the court's jurisdiction.  The value of substitute
  property forfeited may not exceed the value of the property
  transferred, sold, or deposited.
         Art. 59A.008.  NO ADDITIONAL REMEDIES.  The state may not
  seek a money judgment against the defendant or any other remedy not
  provided by this chapter.
         Art. 59A.009.  NO JOINT AND SEVERAL LIABILITY.  A defendant
  convicted of an offense subject to forfeiture is not jointly and
  severally liable for a forfeiture award owed by any other
  defendant.  If ownership is unknown, the convicting court may order
  each defendant to forfeit property on a pro rata basis or by other
  equitable means.
         Art. 59A.010.  SEIZURE OF PERSONAL PROPERTY WITH PROCESS.  
  At the request of the state made at any time, a court may issue an ex
  parte preliminary order to seize or secure personal property for
  which forfeiture is sought and to provide for its custody.
         Art. 59A.011.  SEIZURE OF PERSONAL PROPERTY WITHOUT PROCESS.  
  Personal property subject to forfeiture may be seized at any time
  without a court order if:
               (1)  the seizure is incident to a lawful arrest or
  search;
               (2)  the personal property has been the subject of a
  previous judgment in favor of the state; or
               (3)  the law enforcement agency seizing the property
  has probable cause to believe that:
                     (A)  the seizure is immediately necessary to
  prevent the removal or destruction of the personal property; and
                     (B)  the personal property is forfeitable under
  this chapter.
         Art. 59A.012.  SEIZURE OF REAL PROPERTY WITH PROCESS.  (a)  
  Real property may be seized only under a court order.  A court may
  issue an order to seize or secure real property for which forfeiture
  is sought only after the property owners are provided notice and an
  opportunity for a contested hearing to determine the sufficiency of
  the probable cause for the seizure.
         (b)  This article does not prohibit the attorney
  representing the state from seeking a lis pendens or restraining
  order to prohibit the sale or destruction of the real property.
         Art. 59A.013.  RECEIPT.  A law enforcement officer who
  seizes property shall give an itemized receipt to the person
  possessing the property, or in the absence of any person, leave a
  receipt in the place where the property was found, if reasonably
  possible.
         Art. 59A.014.  TITLE TO PROPERTY.  (a)  At the time of a
  seizure or the issuance of a lis pendens or restraining order, the
  state acquires provisional title to the seized property and may
  hold and protect the property.
         (b)  Title to the property vests with the state on the date
  the court orders the property to be forfeited and the vesting
  relates back to the date the state acquired provisional title.  
  Title acquired under this subsection is subject to a claim by a
  third party that is adjudicated as provided by this chapter.
         Art. 59A.015.  PRETRIAL HEARING REGARDING REPLEVIN.  (a)  In
  this article, "claimant" means a person claiming an ownership
  interest in property that has been seized under this chapter.
         (b)  Following a seizure of property subject to forfeiture, a
  claimant has the right to a pretrial hearing to determine the
  validity of the seizure.
         (c)  The claimant may claim, at any time on or before the 60th
  day before the scheduled start of the trial of the related criminal
  offense or as soon as otherwise practicable, the right to
  possession of property by motion to the court to issue a writ of
  replevin.
         (d)  The claimant must file a motion establishing the
  validity of the alleged interest in the property.
         (e)  The court shall hear the motion not later than the 30th
  day after the date the motion is filed.
         (f)  The state must file an answer showing probable cause for
  the seizure or a cross motion not later than the 10th day before the
  hearing on the claimant's motion.
         (g)  The court shall grant the claimant's motion if the court
  finds that:
               (1)  the final judgment is likely to require the state
  to return the property to the claimant;
               (2)  the property is not reasonably required to be held
  for investigatory reasons; or
               (3)  the property is the only reasonable means for a
  defendant to pay for legal representation in the forfeiture
  proceeding or in the prosecution of the related criminal offense.
         (h)  At the court's discretion under Subsection (g)(3), the
  court may order the return of funds or property sufficient for the
  defendant to obtain legal counsel but less than the total amount
  seized, and may require an accounting for the use of the returned
  funds or property.
         (i)  Instead of ordering the issuance of the writ of
  replevin, the court may order the state to give security or written
  assurance for satisfaction of any judgment, including damages, that
  may be rendered in the action or may order other appropriate relief.
         Art. 59A.016.  FORFEITURE PROCEEDING.  A proceeding for the
  forfeiture of property shall be held following the trial of the
  related alleged offense.  If the value of the property is less than
  $10,000, the proceeding must be held before the judge only.
         Art. 59A.017.  PROPORTIONALITY HEARING.  (a)  At any time
  following a determination of forfeiture by the trier of fact, the
  defendant may petition the court to determine whether the
  forfeiture is unconstitutionally excessive under the United States
  Constitution or the Texas Constitution.
         (b)  The defendant has the burden of establishing by a
  preponderance of the evidence that the forfeiture is grossly
  disproportional to the seriousness of the offense.  The hearing
  must be held before the judge only.
         (c)  In determining whether the forfeiture of property is
  unconstitutionally excessive, the court may consider all relevant
  factors, including:
               (1)  the seriousness of the offense and its impact on
  the community, including the duration of the activity and the harm
  caused by the defendant;
               (2)  the extent to which the defendant participated in
  the offense;
               (3)  the extent to which the property was used in
  committing the offense;
               (4)  the sentence imposed for the offense; and
               (5)  whether the offense was completed or attempted.
         (d)  In determining the value of the property subject to
  forfeiture, the court may consider all relevant factors, including:
               (1)  the fair market value of the property;
               (2)  the value of the property to the defendant,
  including hardship to the defendant if the court orders the
  property to be forfeited; and
               (3)  the hardship to a defendant's family member or
  other person from the loss of a primary residence, motor vehicle, or
  other property if the court orders the property to be forfeited.
         (e)  The court may not consider the value of the property to
  the state in determining whether the forfeiture of property is
  unconstitutionally excessive.
         Art. 59A.018.  SECURITY INTEREST.  A bona fide security
  interest is not subject to forfeiture unless the person claiming
  the security interest had actual knowledge that the property was
  subject to forfeiture at the time the property was seized under this
  chapter. A person claiming a security interest must establish the
  validity of the interest by a preponderance of the evidence.
         Art. 59A.019.  INNOCENT OWNER.  (a) The property of an
  innocent owner may not be forfeited.
         (b)  A person who has an ownership interest in property
  subject to forfeiture that existed at the time of the conduct giving
  rise to the forfeiture and who claims to be an innocent owner must
  show that the person has a legal right, title, or interest in the
  property seized under this chapter.  If the person shows legal
  right, title, or interest in the property, the state must prove by a
  preponderance of the evidence that the person had actual or
  constructive knowledge of the underlying offense giving rise to the
  forfeiture. A person is presumed to have constructive knowledge of
  the underlying offense if the person is a family or household member
  of the defendant alleged to have committed or convicted of the
  underlying offense and if the defendant, during the 10 years
  preceding the underlying offense, was convicted three or more times
  for the same or a similar offense.
         (c)  A person who, after the commission of an offense giving
  rise to the forfeiture, acquired an ownership interest in property
  subject to forfeiture and who claims to be an innocent owner must
  show that the person has legal right, title, or interest in the
  property seized under this chapter.  If the person shows legal
  right, title, or interest in the property, the state must prove by a
  preponderance of the evidence that at the time the person acquired
  the property, the person:
               (1)  had actual or constructive knowledge that the
  property was subject to forfeiture; or
               (2)  did not purchase the property for valuable
  consideration without notice of any defect in title.
         (d)  A person is presumed to have constructive knowledge that
  the property was subject to forfeiture if:
               (1)  the person:
                     (A)  acquired the property from the defendant
  alleged to have committed or convicted of the underlying offense;
  and
                     (B)  is a family or household member of the
  defendant; and
               (2)  the defendant, during the 10 years preceding the
  underlying offense, was convicted three or more times for the same
  or a similar offense.
         (e)  If the state fails to meet its burden in Subsection (b)
  or (c), the court shall find that the person is an innocent owner
  and shall order the state to relinquish all claims of title to the
  property.
         Art. 59A.020.  APPEAL.  A party to forfeiture litigation may
  appeal the court's decision regarding the seizure, forfeiture, and
  distribution of property under this chapter.
         Art. 59A.021.  DISPOSITION OF PROPERTY AND PROCEEDS.  (a) If
  abandoned property held for evidentiary purposes is no longer
  needed for that purpose, the court may order that the property be
  delivered, not later than the 30th day after the date of the order,
  to the county treasurer in the county in which the property was
  abandoned.
         (b)  If contraband held for evidentiary purposes is no longer
  needed for that purpose, the court may order that the contraband be
  destroyed not later than the 30th day after the date of the order.
         (c)  If property is forfeited under this chapter, the court
  may order that the property be delivered, not later than the 30th
  day after the date of the order, to the county treasurer in the
  county in which the property was seized.
         (d)  All abandoned property shall be delivered to the county
  treasurer in the county in which the property was abandoned.
         (e)  A county treasurer who receives forfeited or abandoned
  property under this article shall dispose of the property, other
  than currency, at public auction. The auction proceeds and
  forfeited currency first shall be used to pay all outstanding
  recorded liens on the forfeited property, and then shall be used to
  comply with any court order regarding the payment of expenses.
         (f)  On the court's own motion or on the motion of any party,
  the court may order that a portion of the currency seized or of the
  proceeds from the public auction of property be used to pay
  reasonable expenses for the seizure, storage, and maintenance or
  custody of any forfeited items, other than expenses for personnel.
         (g)  The county treasurer shall, after making payments
  required by Subsections (e) and (f), deposit any remaining money
  into the general fund of the county.
         Art. 59A.022.  PROHIBITION ON RETAINING PROPERTY; SALE
  RESTRICTIONS. A law enforcement agency may not:
               (1)  retain forfeited or abandoned property for the
  agency's use; or
               (2)  sell forfeited or abandoned property directly or
  indirectly to:
                     (A)  an employee of the agency;
                     (B)  a person related to an employee by
  consanguinity or affinity; or
                     (C)  another law enforcement agency.
         Art. 59A.023.  REPORTING. (a) Not later than February 1 of
  each year, each law enforcement agency shall report to the
  department the following information regarding seizures by the
  agency for which, during the preceding calendar year, a forfeiture
  order was issued under this chapter or the property was otherwise
  forfeited under applicable federal law:
               (1)  the total number of forfeitures of currency;
               (2)  the total number of forfeitures and the number of
  items of property forfeited according to categories specified by
  the department;
               (3)  the total market value of each category of
  property forfeited;
               (4)  the total number of occurrences of each type of
  offense underlying the forfeitures, including offenses involving
  controlled substances and driving while intoxicated; and
               (5)  any other information required by the department.
         (b)  The department shall prescribe a standardized form and
  provide for electronic submission of the report required under
  Subsection (a).
         (c)  A law enforcement agency shall file with the department
  separate reports for forfeitures completed under this chapter and
  federal law. If a law enforcement agency did not engage in a
  seizure that resulted in forfeiture during the reporting period,
  the agency shall file a report indicating that fact.
         (d)  Not later than April 1 of each year, the department
  shall:
               (1)  issue an aggregate report of all forfeitures in
  the state; and
               (2)  make the reports submitted by law enforcement
  agencies and the department's aggregate report available on the
  department's Internet website.
         Art. 59A.024.  RETURN OF PROPERTY; DAMAGES; COSTS.  (a)  A
  law enforcement agency that holds property under this chapter shall
  return the property to the owner not later than the fifth day after
  the date:
               (1)  the court finds that the owner had a bona fide
  security interest;
               (2)  the court finds that the owner was an innocent
  owner;
               (3)  the owner is acquitted of the offense that is the
  basis of the forfeiture proceeding; or
               (4)  the criminal charge against the owner that is the
  basis of the forfeiture proceeding is dismissed.
         (b)  The law enforcement agency that holds the property is
  responsible for all damages, storage fees, and related costs
  applicable to property returned under Subsection (a).
         Art. 59A.025.  EFFECT OF OVERTURNED CONVICTION; PAYMENT TO
  DEFENDANT.  (a) If a defendant's conviction for an offense
  underlying a forfeiture under this chapter is reversed, set aside,
  or vacated on appeal, the defendant is entitled to recover any money
  deposited in the county's general fund under Article 59A.021(g) as
  a result of the disposition of the defendant's forfeited property.  
  The county shall pay to the defendant the deposited amount on the
  91st day after the applicable date as follows:
               (1)  the date the conviction is reversed, set aside, or
  vacated, if the attorney representing the state does not file:
                     (A)  an appeal of the ruling that reversed, set
  aside, or vacated the conviction; or
                     (B)  a written notice with the court of the
  attorney's intention to proceed with a new trial;
               (2)  the date a ruling described by Subdivision (1)(A)
  is affirmed on appeal; or
               (3)  the date the attorney representing the state files
  the notice described by Subdivision (1)(B), if the new trial has not
  commenced.
         (b)  For purposes of this chapter, the outcome of a new trial
  shall be treated in the same manner as any other conviction.
         Art. 59A.026.  CIVIL FORFEITURE FOR CERTAIN PROPERTY. (a)
  Notwithstanding any other provision of this chapter, property is
  subject to forfeiture under this article, regardless of whether a
  person has been convicted of an offense subject to forfeiture in
  connection with the property, if:
               (1)  the property was:
                     (A)  seized with probable cause that it was
  involved in the commission of a felony; or
                     (B)  obtained, directly or indirectly, through
  the commission of a felony; and
               (2)  the property owner:
                     (A)  has not claimed the property or asserted any
  interest in the property; or
                     (B)  is unavailable.
         (b)  For purposes of Subsection (a)(2)(B), a property owner
  is unavailable if the owner is deceased or, after the owner is
  indicted for the felony offense or after a warrant has been issued
  for the arrest of the owner in connection with the offense, the
  owner is:
               (1)  outside the state and unable to be extradited to
  this state for prosecution; or
               (2)  unable to be located after reasonable efforts by
  law enforcement authorities.
         (c)  The attorney representing the state may bring a
  forfeiture proceeding under this article by filing a complaint in a
  district court in the county in which the property was seized. The
  complaint must state facts that show the property is subject to
  forfeiture under Subsection (a).
         (d)  A forfeiture proceeding under this article shall
  proceed to trial in the same manner as in other civil cases. The
  state has the burden of proving by a preponderance of the evidence
  that property is subject to forfeiture under Subsection (a).
         Art. 59A.027.  TRANSFER OF FORFEITABLE PROPERTY TO FEDERAL
  GOVERNMENT.  A law enforcement agency or attorney representing the
  state may not directly or indirectly transfer seized property to
  any federal law enforcement authority or other federal agency
  unless:
               (1)  the value of the seized property exceeds $50,000;
  and
               (2)  the attorney representing the state determines
  that:
                     (A)  the activity giving rise to the investigation
  or seizure is interstate in nature and sufficiently complex to
  justify the transfer; or
                     (B)  the seized property may only be forfeited
  under federal law.
         SECTION 2.  Section 72.051(a), Business & Commerce Code, is
  amended to read as follows:
         (a)  In this section, "law enforcement agency" means an
  agency of the state or an agency of a political subdivision of the
  state authorized by law to employ peace officers [has the meaning
  assigned by Article 59.01, Code of Criminal Procedure].
         SECTION 3.  Section 140A.111, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 140A.111.  PREVIOUSLY SEIZED ASSETS.  Notwithstanding
  another provision of this chapter, no remedies provided by this
  chapter may be assessed against proceeds[, contraband,] or [other]
  property over which a law enforcement agency has previously
  asserted jurisdiction under Chapter 59A [59], Code of Criminal
  Procedure, at the time a suit under this chapter was filed.
         SECTION 4.  Article 18.01(g), Code of Criminal Procedure, is
  amended to read as follows:
         (g)  A search warrant may not be issued under [Subdivision
  (12),] Article 18.02(a)(12) [18.02, of this code] unless the sworn
  affidavit required by Subsection (b) [of this article] sets forth
  sufficient facts to establish probable cause that a specific felony
  offense has been committed and that the specifically described
  property or items that are to be searched for or seized are subject
  to forfeiture under Chapter 59A [constitute contraband as defined
  in Article 59.01 of this code] and are located at or on the
  particular person, place, or thing to be searched.
         SECTION 5.  Article 18.02(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  A search warrant may be issued to search for and seize:
               (1)  property acquired by theft or in any other manner
  which makes its acquisition a penal offense;
               (2)  property specially designed, made, or adapted for
  or commonly used in the commission of an offense;
               (3)  arms and munitions kept or prepared for the
  purposes of insurrection or riot;
               (4)  weapons prohibited by the Penal Code;
               (5)  gambling devices or equipment, altered gambling
  equipment, or gambling paraphernalia;
               (6)  obscene materials kept or prepared for commercial
  distribution or exhibition, subject to the additional rules set
  forth by law;
               (7)  a drug, controlled substance, immediate
  precursor, chemical precursor, or other controlled substance
  property, including an apparatus or paraphernalia kept, prepared,
  or manufactured in violation of the laws of this state;
               (8)  any property the possession of which is prohibited
  by law;
               (9)  implements or instruments used in the commission
  of a crime;
               (10)  property or items, except the personal writings
  by the accused, constituting evidence of an offense or constituting
  evidence tending to show that a particular person committed an
  offense;
               (11)  persons;
               (12)  property [contraband] subject to forfeiture
  under Chapter 59A [59 of this code];
               (13)  electronic customer data held in electronic
  storage, including the contents of and records and other
  information related to a wire communication or electronic
  communication held in electronic storage; or
               (14)  a cellular telephone or other wireless
  communications device, subject to Article 18.0215.
         SECTION 6.  Articles 18.19(c), (d-1), and (e), Code of
  Criminal Procedure, are amended to read as follows:
         (c)  If there is no prosecution or conviction for an offense
  involving the weapon seized, the magistrate to whom the seizure was
  reported shall, before the 61st day after the date the magistrate
  determines that there will be no prosecution or conviction, notify
  in writing the person found in possession of the weapon that the
  person is entitled to the weapon upon written request to the
  magistrate. The magistrate shall order the weapon returned to the
  person found in possession before the 61st day after the date the
  magistrate receives a request from the person. If the weapon is not
  requested before the 61st day after the date of notification, the
  magistrate shall, before the 121st day after the date of
  notification, order the weapon destroyed, sold at public sale by
  the law enforcement agency holding the weapon or by an auctioneer
  licensed under Chapter 1802, Occupations Code, or forfeited to the
  state for use by the law enforcement agency holding the weapon or by
  a county forensic laboratory designated by the magistrate. If the
  magistrate does not order the return, destruction, sale, or
  forfeiture of the weapon within the applicable period prescribed by
  this subsection, the law enforcement agency holding the weapon may
  request an order of destruction, sale, or forfeiture of the weapon
  from the magistrate. Only a firearms dealer licensed under 18
  U.S.C. Section 923 may purchase a weapon at public sale under this
  subsection. Proceeds from the sale of a  seized weapon under this
  subsection shall be transferred, after the deduction of court costs
  and [to which a district court clerk is entitled under Article
  59.05(f), followed by the deduction of] auction costs, to the law
  enforcement agency holding the weapon.
         (d-1)  Only a firearms dealer licensed under 18 U.S.C.
  Section 923 may purchase a weapon at public sale under Subsection
  (d). Proceeds from the sale of a seized weapon under Subsection (d)
  shall be transferred, after the deduction of court costs and [to
  which a district court clerk is entitled under Article 59.05(f),
  followed by the deduction of] auction costs, to the law enforcement
  agency holding the weapon.
         (e)  If the person found in possession of a weapon is
  convicted of an offense involving the use of the weapon, before the
  61st day after the date of conviction the court entering judgment of
  conviction shall order destruction of the weapon, sale at public
  sale by the law enforcement agency holding the weapon or by an
  auctioneer licensed under Chapter 1802, Occupations Code,  or
  forfeiture to the state for use by the law enforcement agency
  holding the weapon or by a county forensic laboratory designated by
  the court. If the court entering judgment of conviction does not
  order the destruction, sale, or forfeiture of the weapon within the
  period prescribed by this subsection, the law enforcement agency
  holding the weapon may request an order of destruction, sale, or
  forfeiture of the weapon from a magistrate. Only a firearms dealer
  licensed under 18 U.S.C. Section 923 may purchase a weapon at public
  sale under this subsection. Proceeds from the sale of a seized
  weapon under this subsection shall be transferred, after the
  deduction of court costs and [to which a district court clerk is
  entitled under Article 59.05(f), followed by the deduction of]
  auction costs, to the law enforcement agency holding the weapon.
         SECTION 7.  Article 47.01a(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  If it is shown in a hearing that probable cause exists to
  believe that the property was acquired by theft or by another manner
  that makes its acquisition an offense and that the identity of the
  actual owner of the property cannot be determined, the court shall
  order the peace officer to:
               (1)  deliver the property to a government agency for
  official purposes;
               (2)  deliver the property for disposition under Article
  59A.021 to the county treasurer of the county in which the property
  was seized [to a person authorized by Article 18.17 of this code to
  receive and dispose of the property]; or
               (3)  destroy the property.
         SECTION 8.  Article 47.06, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 47.06.  DISPOSITION OF PROPERTY [SOLD]. If the
  property is not claimed before the end of the 30-day period
  following [within 30 days from] the conviction of the person
  accused of illegally acquiring the property [it], the property
  shall be delivered for disposition under Article 59A.021 to the
  county treasurer of the county in which the property was seized 
  [same procedure for its disposition as set out in Article 18.17 of
  this Code shall be followed].
         SECTION 9.  Article 47.07, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 47.07.  OWNER MAY RECOVER. The real owner of the
  property disposed of [sold] under the provisions of Article 47.06
  may file a claim with the commissioners court of the county to 
  recover any money attributable to the property and deposited in the
  county's general fund under Article 59A.021(g) [such property under
  the same terms as prescribed in Subsection (e) of Article 18.17 of
  this Code].  A claim by the real owner must be filed not later than
  the 30th day after the date of disposition. If the claim is allowed
  by the commissioners court, the county treasurer shall pay the
  owner the amount deposited.  If the claim is denied by the
  commissioners court or if the court fails to act on the claim before
  the 91st day after the date the claim was filed, the claimant may
  sue the county treasurer in a court of competent jurisdiction in the
  county, and on sufficient proof of ownership, recover judgment
  against the county for the amount deposited.
         SECTION 10.  Section 96.641(j), Education Code, is amended
  to read as follows:
         (j)  As part of the initial training and continuing education
  for police chiefs required under this section, the institute shall
  establish a program on asset forfeiture under Chapter 59A [59],
  Code of Criminal Procedure. The program must include an
  examination of the best practices for educating peace officers
  about asset forfeiture and monitoring peace officers' compliance
  with laws relating to asset forfeiture.
         SECTION 11.  Section 157.317(a), Family Code, is amended to
  read as follows:
         (a)  A child support lien attaches to all real and personal
  property not exempt under the Texas Constitution or other law,
  including:
               (1)  an account in a financial institution;
               (2)  a retirement plan, including an individual
  retirement account;
               (3)  the proceeds of an insurance policy, including the
  proceeds from a life insurance policy or annuity contract and the
  proceeds from the sale or assignment of life insurance or annuity
  benefits, a claim for compensation, or a settlement or award for the
  claim for compensation, due to or owned by the obligor;
               (4)  property seized and subject to forfeiture under
  Chapter 59A [59], Code of Criminal Procedure; and
               (5)  the proceeds derived from the sale of oil or gas
  production from an oil or gas well located in this state.
         SECTION 12.  Section 392.303, Finance Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  In debt collection, a debt collector may not use unfair
  or unconscionable means that employ the following practices:
               (1)  seeking or obtaining a written statement or
  acknowledgment in any form that specifies that a consumer's
  obligation is one incurred for necessaries of life if the
  obligation was not incurred for those necessaries;
               (2)  collecting or attempting to collect interest or a
  charge, fee, or expense incidental to the obligation unless the
  interest or incidental charge, fee, or expense is expressly
  authorized by the agreement creating the obligation or legally
  chargeable to the consumer; or
               (3)  collecting or attempting to collect an obligation
  under a check, draft, debit payment, or credit card payment, if:
                     (A)  the check or draft was dishonored or the
  debit payment or credit card payment was refused because the check
  or draft was not drawn or the payment was not made by a person
  authorized to use the applicable account;
                     (B)  the debt collector has received written
  notice from a person authorized to use the account that the check,
  draft, or payment was unauthorized; and
                     (C)  the person authorized to use the account has
  filed a report concerning the unauthorized check, draft, or payment
  with a law enforcement agency [, as defined by Article 59.01, Code
  of Criminal Procedure,] and has provided the debt collector with a
  copy of the report.
         (d)  In this section, "law enforcement agency" means an
  agency of the state or an agency of a political subdivision of the
  state authorized by law to employ peace officers.
         SECTION 13.  Section 45.193(d), Government Code, is amended
  to read as follows:
         (d)  The county attorney has no power, duty, or privilege in
  Grimes County relating to criminal matters, including asset
  forfeitures under Chapter 59A [59], Code of Criminal Procedure,
  appearance bond forfeitures under Chapter 17, Code of Criminal
  Procedure, and habeas corpus related to criminal matters.
         SECTION 14.  Section 54.656(a), Government Code, is amended
  to read as follows:
         (a)  A judge may refer to a magistrate any criminal case or
  matter relating to a criminal case for proceedings involving:
               (1)  a negotiated plea of guilty or no contest and
  sentencing before the court;
               (2)  a bond forfeiture, remittitur, and related
  proceedings;
               (3)  a pretrial motion;
               (4)  a writ of habeas corpus;
               (5)  an examining trial;
               (6)  an occupational driver's license;
               (7)  a petition for an order of expunction under
  Chapter 55, Code of Criminal Procedure;
               (8)  a [an asset] forfeiture proceeding [hearing] as
  provided by Chapter 59A [59], Code of Criminal Procedure;
               (9)  a petition for an order of nondisclosure of
  criminal history record information or an order of nondisclosure of
  criminal history record information that does not require a
  petition provided by Subchapter E-1, Chapter 411;
               (10)  a motion to modify or revoke community
  supervision or to proceed with an adjudication of guilt;
               (11)  setting conditions, modifying, revoking, and
  surrendering of bonds, including surety bonds;
               (12)  specialty court proceedings;
               (13)  a waiver of extradition; and
               (14)  any other matter the judge considers necessary
  and proper.
         SECTION 15.  Section 2007.003(b), Government Code, is
  amended to read as follows:
         (b)  This chapter does not apply to the following
  governmental actions:
               (1)  an action by a municipality except as provided by
  Subsection (a)(3);
               (2)  a lawful forfeiture or seizure of property under
  Chapter 59A [contraband as defined by Article 59.01], Code of
  Criminal Procedure;
               (3)  a lawful seizure of property as evidence of a crime
  or violation of law;
               (4)  an action, including an action of a political
  subdivision, that is reasonably taken to fulfill an obligation
  mandated by federal law or an action of a political subdivision that
  is reasonably taken to fulfill an obligation mandated by state law;
               (5)  the discontinuance or modification of a program or
  regulation that provides a unilateral expectation that does not
  rise to the level of a recognized interest in private real property;
               (6)  an action taken to prohibit or restrict a
  condition or use of private real property if the governmental
  entity proves that the condition or use constitutes a public or
  private nuisance as defined by background principles of nuisance
  and property law of this state;
               (7)  an action taken out of a reasonable good faith
  belief that the action is necessary to prevent a grave and immediate
  threat to life or property;
               (8)  a formal exercise of the power of eminent domain;
               (9)  an action taken under a state mandate to prevent
  waste of oil and gas, protect correlative rights of owners of
  interests in oil or gas, or prevent pollution related to oil and gas
  activities;
               (10)  a rule or proclamation adopted for the purpose of
  regulating water safety, hunting, fishing, or control of
  nonindigenous or exotic aquatic resources;
               (11)  an action taken by a political subdivision:
                     (A)  to regulate construction in an area
  designated under law as a floodplain;
                     (B)  to regulate on-site sewage facilities;
                     (C)  under the political subdivision's 
  [subdivisions's] statutory authority to prevent waste or protect
  rights of owners of interest in groundwater; or
                     (D)  to prevent subsidence;
               (12)  the appraisal of property for purposes of ad
  valorem taxation;
               (13)  an action that:
                     (A)  is taken in response to a real and
  substantial threat to public health and safety;
                     (B)  is designed to significantly advance the
  health and safety purpose; and
                     (C)  does not impose a greater burden than is
  necessary to achieve the health and safety purpose; or
               (14)  an action or rulemaking undertaken by the Public
  Utility Commission of Texas to order or require the location or
  placement of telecommunications equipment owned by another party on
  the premises of a certificated local exchange company.
         SECTION 16.  Section 481.159(a), Health and Safety Code, is
  amended to read as follows:
         (a)  If a district court orders the forfeiture of a
  controlled substance property or plant under the [Chapter 59,] Code
  of Criminal Procedure[,] or under this code, the court shall also
  order a law enforcement agency to:
               (1)  retain the property or plant for its official
  purposes, including use in the investigation of offenses under this
  code;
               (2)  deliver the property or plant to a government
  agency for official purposes;
               (3)  deliver the property or plant to a person
  authorized by the court to receive it;
               (4)  deliver the property or plant to a person
  authorized by the director to receive it; or
               (5)  destroy the property or plant that is not
  otherwise disposed of in the manner prescribed by this subchapter.
         SECTION 17.  Section 481.160(a), Health and Safety Code, is
  amended to read as follows:
         (a)  If a controlled substance property or plant is forfeited
  under this code or under the [Chapter 59,] Code of Criminal
  Procedure, the law enforcement agency that seized the property or
  plant or to which the property or plant is forfeited may summarily
  destroy the property or plant without a court order before the
  disposition of a case arising out of the forfeiture if the agency
  ensures that:
               (1)  at least five random and representative samples
  are taken from the total amount of the property or plant and a
  sufficient quantity is preserved to provide for discovery by
  parties entitled to discovery;
               (2)  photographs are taken that reasonably depict the
  total amount of the property or plant; and
               (3)  the gross weight or liquid measure of the property
  or plant is determined, either by actually weighing or measuring
  the property or plant or by estimating its weight or measurement
  after making dimensional measurements of the total amount seized.
         SECTION 18.  Section 573.0001(2), Health and Safety Code, is
  amended to read as follows:
               (2)  "Law enforcement agency" means an agency of the
  state or an agency of a political subdivision of the state
  authorized by law to employ peace officers [has the meaning
  assigned by Article 59.01, Code of Criminal Procedure].
         SECTION 19.  Section 113.008(g), Local Government Code, is
  amended to read as follows:
         (g)  Subsections (b-1) and (f)(2) do not apply to a special
  fund administered by an attorney representing the state under
  Chapter 18 or [,] 47, [or 59,] Code of Criminal Procedure.
         SECTION 20.  Section 1701.253(g), Occupations Code, is
  amended to read as follows:
         (g)  As part of the minimum curriculum requirements, the
  commission shall establish a statewide comprehensive education and
  training program on criminal asset forfeiture under Chapter 59A
  [59], Code of Criminal Procedure, for officers licensed under this
  chapter. An officer shall complete a program established under
  this subsection not later than the second anniversary of the date
  the officer is licensed under this chapter or the date the officer
  applies for an intermediate proficiency certificate, whichever
  date is earlier.
         SECTION 21.  Section 37.08(b), Penal Code, is amended to
  read as follows:
         (b)  In this section, "law enforcement agency" means an
  agency of the state or an agency of a political subdivision of the
  state authorized by law to employ peace officers [has the meaning
  assigned by Article 59.01, Code of Criminal Procedure].
         SECTION 22.  Section 38.152(c)(3), Penal Code, is amended to
  read as follows:
               (3)  "Law enforcement agency" means an agency of the
  state or an agency of a political subdivision of the state
  authorized by law to employ peace officers [has the meaning
  assigned by Article 59.01, Code of Criminal Procedure].
         SECTION 23.  The following provisions are repealed:
               (1)  Section 140A.102(h), Civil Practice and Remedies
  Code;
               (2)  Article 18.17, Code of Criminal Procedure;
               (3)  Chapter 59, Code of Criminal Procedure;
               (4)  Sections 24.377(c) and 54.656(b), Government
  Code;
               (5)  Section 365.012(i), Health and Safety Code; and
               (6)  Sections 12.101(1) and (2), 12.1106, 61.0221, and
  62.017, Parks and Wildlife Code.
         SECTION 24.  (a) Except as provided by Subsection (b) of
  this section, on the effective date of this Act, any property in the
  possession of a law enforcement agency, game warden, or attorney
  representing the state, that was seized under Chapter 59, Code of
  Criminal Procedure, or Section 12.1106, 61.0221, or 62.017, Parks
  and Wildlife Code, and that has not been ordered forfeited to the
  state by a court, must be returned to the person from whom the
  property was seized.
         (b)  Property that is evidence in the investigation or
  prosecution of a criminal offense is not required to be returned
  under Subsection (a) of this section until the disposition of all
  charges relating to the offense.
         SECTION 25.  The repeal by this Act of Article 18.17, Code of
  Criminal Procedure, does not apply to abandoned or unclaimed
  property seized before the effective date of this Act, and the
  former Article 18.17 is continued in effect for the purposes of the
  disposition of property described by this section.
         SECTION 26.  This Act takes effect September 1, 2019.