88R2573 AJZ-D
 
  By: Dutton H.B. No. 928
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to asset forfeiture proceedings under the Code of Criminal
  Procedure.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 59.05(d), Code of Criminal Procedure, is
  amended to read as follows:
         (d)  A final conviction for an underlying offense is required
  [not a requirement] for forfeiture under this chapter. The court
  shall dismiss a forfeiture proceeding on proof [An owner or
  interest holder may present evidence] of a dismissal or acquittal
  of the [an] underlying offense regardless of whether the owner or
  interest holder has met any requirements under the Texas Rules of
  Civil Procedure in the forfeiture proceeding, including answering
  the state's civil complaint [in a forfeiture proceeding, and
  evidence of an acquittal raises a presumption that the property or
  interest that is the subject of the hearing is nonforfeitable. This
  presumption can be rebutted by evidence that the owner or interest
  holder knew or should have known that the property was contraband].
         SECTION 2.  The change in law made by this Act applies only
  to property subject to forfeiture on the basis of an offense
  committed on or after the effective date of this Act. Property
  subject to forfeiture on the basis of an offense committed before
  the effective date of this Act is governed by the law in effect on
  the date the offense was committed, and the former law is continued
  in effect for that purpose. For purposes of this section, an
  offense was committed before the effective date of this Act if any
  element of the offense occurred before that date.
         SECTION 3.  This Act takes effect September 1, 2023.