| 1 | 1 | | H.B. No. 3140 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to authorizing the transfer of certain abandoned or |
|---|
| 6 | 6 | | forfeited property to groundwater conservation districts. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Articles 59.06(b) and (b-2), Code of Criminal |
|---|
| 9 | 9 | | Procedure, are amended to read as follows: |
|---|
| 10 | 10 | | (b) If a local agreement exists between the attorney |
|---|
| 11 | 11 | | representing the state and law enforcement agencies, the attorney |
|---|
| 12 | 12 | | representing the state may transfer the property to law enforcement |
|---|
| 13 | 13 | | agencies to maintain, repair, use, and operate the property for |
|---|
| 14 | 14 | | official purposes if the property is free of any interest of an |
|---|
| 15 | 15 | | interest holder. The agency receiving the forfeited property may |
|---|
| 16 | 16 | | purchase the interest of an interest holder so that the property can |
|---|
| 17 | 17 | | be released for use by the agency. The agency receiving the |
|---|
| 18 | 18 | | forfeited property may maintain, repair, use, and operate the |
|---|
| 19 | 19 | | property with money appropriated for current operations. If the |
|---|
| 20 | 20 | | property is a motor vehicle subject to registration under the motor |
|---|
| 21 | 21 | | vehicle registration laws of this state, the agency receiving the |
|---|
| 22 | 22 | | forfeited vehicle is considered to be the purchaser and the |
|---|
| 23 | 23 | | certificate of title shall issue to the agency. A law enforcement |
|---|
| 24 | 24 | | agency to which property is transferred under this subsection at |
|---|
| 25 | 25 | | any time may transfer or loan the property to any other municipal or |
|---|
| 26 | 26 | | county agency, a groundwater conservation district governed by |
|---|
| 27 | 27 | | Chapter 36, Water Code, or [to] a school district for the use of |
|---|
| 28 | 28 | | that agency or district. A municipal or county agency, a |
|---|
| 29 | 29 | | groundwater conservation district, or a school district to which a |
|---|
| 30 | 30 | | law enforcement agency loans a motor vehicle under this subsection |
|---|
| 31 | 31 | | shall maintain any automobile insurance coverage for the vehicle |
|---|
| 32 | 32 | | that is required by law. |
|---|
| 33 | 33 | | (b-2) An agency that loans property under this article |
|---|
| 34 | 34 | | shall: |
|---|
| 35 | 35 | | (1) keep a record of the loan, including the name of |
|---|
| 36 | 36 | | the agency or district to which the vehicle was loaned, the fair |
|---|
| 37 | 37 | | market value of the vehicle, and where the receiving agency or |
|---|
| 38 | 38 | | district will use the vehicle; and |
|---|
| 39 | 39 | | (2) update the record when the information relating to |
|---|
| 40 | 40 | | the vehicle changes. |
|---|
| 41 | 41 | | SECTION 2. Sections 683.016(a) and (b), Transportation |
|---|
| 42 | 42 | | Code, are amended to read as follows: |
|---|
| 43 | 43 | | (a) The law enforcement agency that takes an abandoned motor |
|---|
| 44 | 44 | | vehicle into custody that is not claimed under Section 683.012 may: |
|---|
| 45 | 45 | | (1) use the vehicle for agency purposes; or |
|---|
| 46 | 46 | | (2) transfer the vehicle to any other municipal or |
|---|
| 47 | 47 | | county agency, a groundwater conservation district governed by |
|---|
| 48 | 48 | | Chapter 36, Water Code, or a school district for the use of that |
|---|
| 49 | 49 | | agency or district. |
|---|
| 50 | 50 | | (b) The law enforcement agency shall auction the vehicle as |
|---|
| 51 | 51 | | provided by this subchapter if the law enforcement agency or the |
|---|
| 52 | 52 | | municipal or county agency, groundwater conservation district, or |
|---|
| 53 | 53 | | school district to which the vehicle was transferred under |
|---|
| 54 | 54 | | Subsection (a) discontinues use of the vehicle. |
|---|
| 55 | 55 | | SECTION 3. Article 59.06, Code of Criminal Procedure, and |
|---|
| 56 | 56 | | Section 683.016, Transportation Code, as amended by this Act, apply |
|---|
| 57 | 57 | | to personal property seized or taken into custody on or after the |
|---|
| 58 | 58 | | effective date of this Act. Personal property seized or taken into |
|---|
| 59 | 59 | | custody before the effective date of this Act is governed by the law |
|---|
| 60 | 60 | | in effect on the date the property is seized or taken into custody, |
|---|
| 61 | 61 | | and the former law is continued in effect for that purpose. |
|---|
| 62 | 62 | | SECTION 4. This Act takes effect September 1, 2009. |
|---|
| 63 | 63 | | ______________________________ ______________________________ |
|---|
| 64 | 64 | | President of the Senate Speaker of the House |
|---|
| 65 | 65 | | I certify that H.B. No. 3140 was passed by the House on April |
|---|
| 66 | 66 | | 22, 2009, by the following vote: Yeas 147, Nays 2, 1 present, not |
|---|
| 67 | 67 | | voting. |
|---|
| 68 | 68 | | ______________________________ |
|---|
| 69 | 69 | | Chief Clerk of the House |
|---|
| 70 | 70 | | I certify that H.B. No. 3140 was passed by the Senate on May |
|---|
| 71 | 71 | | 26, 2009, by the following vote: Yeas 31, Nays 0. |
|---|
| 72 | 72 | | ______________________________ |
|---|
| 73 | 73 | | Secretary of the Senate |
|---|
| 74 | 74 | | APPROVED: _____________________ |
|---|
| 75 | 75 | | Date |
|---|
| 76 | 76 | | _____________________ |
|---|
| 77 | 77 | | Governor |
|---|