H.B. No. 3140
AN ACT
relating to authorizing the transfer of certain abandoned or
forfeited property to groundwater conservation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 59.06(b) and (b-2), Code of Criminal
Procedure, are amended to read as follows:
(b) If a local agreement exists between the attorney
representing the state and law enforcement agencies, the attorney
representing the state may transfer the property to law enforcement
agencies to maintain, repair, use, and operate the property for
official purposes if the property is free of any interest of an
interest holder. The agency receiving the forfeited property may
purchase the interest of an interest holder so that the property can
be released for use by the agency. The agency receiving the
forfeited property may maintain, repair, use, and operate the
property with money appropriated for current operations. If the
property is a motor vehicle subject to registration under the motor
vehicle registration laws of this state, the agency receiving the
forfeited vehicle is considered to be the purchaser and the
certificate of title shall issue to the agency. A law enforcement
agency to which property is transferred under this subsection at
any time may transfer or loan the property to any other municipal or
county agency, a groundwater conservation district governed by
Chapter 36, Water Code, or [to] a school district for the use of
that agency or district. A municipal or county agency, a
groundwater conservation district, or a school district to which a
law enforcement agency loans a motor vehicle under this subsection
shall maintain any automobile insurance coverage for the vehicle
that is required by law.
(b-2) An agency that loans property under this article
shall:
(1) keep a record of the loan, including the name of
the agency or district to which the vehicle was loaned, the fair
market value of the vehicle, and where the receiving agency or
district will use the vehicle; and
(2) update the record when the information relating to
the vehicle changes.
SECTION 2. Sections 683.016(a) and (b), Transportation
Code, are amended to read as follows:
(a) The law enforcement agency that takes an abandoned motor
vehicle into custody that is not claimed under Section 683.012 may:
(1) use the vehicle for agency purposes; or
(2) transfer the vehicle to any other municipal or
county agency, a groundwater conservation district governed by
Chapter 36, Water Code, or a school district for the use of that
agency or district.
(b) The law enforcement agency shall auction the vehicle as
provided by this subchapter if the law enforcement agency or the
municipal or county agency, groundwater conservation district, or
school district to which the vehicle was transferred under
Subsection (a) discontinues use of the vehicle.
SECTION 3. Article 59.06, Code of Criminal Procedure, and
Section 683.016, Transportation Code, as amended by this Act, apply
to personal property seized or taken into custody on or after the
effective date of this Act. Personal property seized or taken into
custody before the effective date of this Act is governed by the law
in effect on the date the property is seized or taken into custody,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3140 was passed by the House on April
22, 2009, by the following vote: Yeas 147, Nays 2, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3140 was passed by the Senate on May
26, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor