82R10852 NAJ-D
By: Lucio III H.B. No. 3050
A BILL TO BE ENTITLED
AN ACT
relating to the seizure of contraband by law enforcement agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.03, Code of Criminal Procedure, is
amended by adding Subsections (e), (f), and (g) to read as follows:
(e) Regardless of whether that property can be considered
contraband under another law, a law enforcement agency that seizes
or participates in the seizure of property identified as or alleged
to be contraband:
(1) shall follow the forfeiture procedures required
under this chapter; or
(2) must obtain the written consent of the attorney
representing the state before the agency makes the property
available for a forfeiture proceeding provided for by a law other
than this chapter.
(f) A law enforcement agency that violates Subsection (e)
forfeits the agency's claim to any proceeds resulting from the
disposition of the forfeited property. Any proceeds shall be
distributed to entities otherwise entitled to those proceeds under
Article 59.06.
(g) The attorney representing the state shall enforce
Subsection (f) by filing any necessary legal proceedings in the
county in which the property was seized.
SECTION 2. The change in law made by this Act in amending
Article 59.03, Code of Criminal Procedure, applies only to property
seized on or after the effective date of this Act. Property seized
before the effective date of this Act is covered by the law in
effect when the property was seized, and the former law is continued
in effect for that purpose. For purposes of this section, property
was seized before the effective date of this Act if any portion of
the property was seized before that date.
SECTION 3. This Act takes effect September 1, 2011.