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AN ACT
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relating to the disposition of an item bearing a counterfeit |
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trademark seized in connection with a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 18, Code of Criminal Procedure, is |
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amended by adding Article 18.182 to read as follows: |
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Art. 18.182. DISPOSITION OF ITEM BEARING COUNTERFEIT MARK. |
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(a) In this article, "counterfeit mark" and "protected mark" have |
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the meanings assigned by Section 32.23, Penal Code. |
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(b) Following the conviction or placement on deferred |
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adjudication community supervision of a person for an offense under |
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Section 32.23, Penal Code, the court entering the judgment of |
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conviction or order of deferred adjudication community supervision |
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shall order that any item bearing or identified by a counterfeit |
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mark seized in connection with the offense be: |
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(1) forfeited to the owner of the protected mark, if |
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prior to an order disposing of property under this article the owner |
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of the protected mark requests the return of the item; or |
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(2) destroyed. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1164 passed the Senate on |
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April 25, 2019, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 23, 2019, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1164 passed the House, with |
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amendment, on May 17, 2019, by the following vote: Yeas 147, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |