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A BILL TO BE ENTITLED
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AN ACT
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relating to the forfeiture of certain contraband and the authority |
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of the attorney general to bring certain forfeiture actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 59.01(1) and (2), Code of Criminal |
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Procedure, are amended to read as follows: |
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(1) "Attorney representing the state" means the |
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prosecutor with felony jurisdiction in the county in which a |
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forfeiture proceeding is held under this chapter or, in a |
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proceeding for forfeiture of contraband as defined under |
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Subdivision (2)(B)(v) of this article, the city attorney of a |
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municipality if the property is seized in that municipality by a |
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peace officer employed by that municipality and the governing body |
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of the municipality has approved procedures for the city attorney |
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acting in a forfeiture proceeding. The term includes the attorney |
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general in [In] a proceeding for forfeiture of contraband as |
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defined under: |
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(A) Subdivision (2)(B)(iv) or (vi); |
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(B) Subdivision (2)(C) or (D), if the applicable |
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proceeds were gained from the commission of a felony listed in |
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Subdivision (2)(B)(iv) or (vi); or |
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(C) Subdivision (2)(E)(ii) or (F)(ii) |
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[Subdivision (2)(B)(vi) of this article, the term includes the |
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attorney general]. |
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(2) "Contraband" means property of any nature, |
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including real, personal, tangible, or intangible, that is: |
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(A) used in the commission of: |
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(i) any first or second degree felony under |
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the Penal Code; |
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(ii) any felony under Section 15.031(b), |
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21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal |
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Code; |
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(iii) [any felony under Chapter 43, Penal |
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Code, except as provided by Paragraph (B); |
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[(iv)] any felony under The Securities Act |
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(Title 12, Government Code); or |
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(iv) [(v)] any offense under Chapter 49, |
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Penal Code, that is punishable as a felony of the third degree or |
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state jail felony, if the defendant has been previously convicted |
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three times of an offense under that chapter; |
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(B) used or intended to be used in the commission |
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of: |
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(i) any felony under Chapter 481, Health |
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and Safety Code (Texas Controlled Substances Act); |
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(ii) any felony under Chapter 483, Health |
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and Safety Code; |
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(iii) a felony under Chapter 152, Finance |
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Code; |
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(iv) any felony under Chapter 20A, [or] 34, |
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or 43, Penal Code; |
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(v) a Class A misdemeanor under Subchapter |
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B, Chapter 365, Health and Safety Code, if the defendant has been |
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previously convicted twice of an offense under that subchapter; |
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(vi) any felony under Chapter 32, Human |
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Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
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involves a health care program, as defined by Section 35A.01, Penal |
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Code; |
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(vii) a Class B misdemeanor under Chapter |
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522, Business & Commerce Code; |
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(viii) a Class A misdemeanor under Section |
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306.051, Business & Commerce Code; |
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(ix) any offense under Section 42.10, Penal |
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Code; |
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(x) any offense under Section 46.06(a)(1) |
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or 46.14, Penal Code; |
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(xi) any offense under Chapter 71, Penal |
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Code; |
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(xii) any offense under Section 20.05, |
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20.06, or 20.07, [43.04, or 43.05,] Penal Code; |
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(xiii) an offense under Section 326.002, |
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Business & Commerce Code; |
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(xiv) any offense under Section 545.420, |
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Transportation Code; or |
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(xv) any offense punishable under Section |
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42.03(d) or (e), Penal Code; |
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(C) the proceeds gained from the commission of a |
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felony listed in Paragraph (A) or (B) of this subdivision, a |
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misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), (xii), |
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(xiv), or (xv) of this subdivision, or a crime of violence; |
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(D) acquired with proceeds gained from the |
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commission of a felony listed in Paragraph (A) or (B) of this |
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subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), |
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(xi), (xii), (xiv), or (xv) of this subdivision, or a crime of |
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violence; |
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(E) used to facilitate or intended to be used to |
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facilitate the commission of a felony under: |
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(i) Section 15.031, Penal Code; or |
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(ii) Chapter 43, Penal Code; or |
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(F) used to facilitate or intended to be used to |
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facilitate the commission of an offense under: |
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(i) Section 20.05, 20.06, or 20.07, Penal |
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Code; or |
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(ii) Chapter 20A, Penal Code. |
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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 occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2025. |