| 1 | 1 | | 81R13799 JSC-D |
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| 2 | 2 | | By: Leibowitz H.B. No. 3102 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring defendants convicted of the manufacture of |
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| 8 | 8 | | methamphetamine to pay for remediation measures for the premises on |
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| 9 | 9 | | which the methamphetamine was manufactured. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 42.037, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Subsection (t) to read as follows: |
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| 13 | 13 | | (t) This subsection applies only to a person who is |
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| 14 | 14 | | convicted of the manufacture of methamphetamine in violation of |
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| 15 | 15 | | Section 481.112, Health and Safety Code. The court shall order a |
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| 16 | 16 | | defendant who is found to have manufactured methamphetamine on real |
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| 17 | 17 | | property that the defendant does not own to pay the owner of the |
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| 18 | 18 | | property the cost of: |
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| 19 | 19 | | (1) repairing physical damage to the property caused |
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| 20 | 20 | | by the manufacture of methamphetamine; |
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| 21 | 21 | | (2) removing and disposing of hazardous substances and |
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| 22 | 22 | | contaminated materials; and |
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| 23 | 23 | | (3) performing remediation measures for the property |
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| 24 | 24 | | to remove residual contaminants injurious to human health. |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies only to |
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| 26 | 26 | | an offense committed on or after the effective date of this Act. An |
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| 27 | 27 | | offense committed before the effective date of this Act is covered |
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| 28 | 28 | | by the law in effect when the offense was committed, and the former |
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| 29 | 29 | | law is continued in effect for that purpose. For purposes of this |
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| 30 | 30 | | section, an offense was committed before the effective date of this |
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| 31 | 31 | | Act if any element of the offense was committed before that date. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2009. |
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