Texas 2015 - 84th Regular

Texas House Bill HB3171 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10933 MAW-F
2	2	By: Simpson H.B. No. 3171
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to repealing civil asset forfeiture provisions and
8	8	establishing criminal asset forfeiture in this state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 1, Code of Criminal Procedure, is amended
11	11	by adding Chapter 59A to read as follows:
12	12	CHAPTER 59A. CRIMINAL ASSET FORFEITURE
13	13	Art. 59A.001. DEFINITIONS. In this chapter:
14	14	(1) "Abandoned property" means personal property left
15	15	by an owner who has intentionally relinquished all rights to its
16	16	control.
17	17	(2) "Actual knowledge" means direct and clear
18	18	awareness of information, facts, or conditions.
19	19	(3) "Constructive knowledge" means knowledge that is
20	20	imputed to family or household members of the defendant if the
21	21	defendant admitted guilt or was adjudicated guilty three or more
22	22	times for the same or a similar offense in the 10 years preceding an
23	23	alleged offense.
24	24	(4) "Contraband" means tangible or intangible goods,
25	25	including scheduled drugs without a valid prescription, the
26	26	importation, exportation, or possession of which is illegal.
27	27	(5) "Conveyance" means a device used for
28	28	transportation. The term includes a motor vehicle, trailer,
29	29	snowmobile, airplane, or vessel, and any attached equipment. The
30	30	term does not include stolen property.
31	31	(6) "Department" means the Department of Public
32	32	Safety.
33	33	(7) "Instrumentality" means property that is
34	34	otherwise lawful to possess and that is used in the furtherance or
35	35	commission of an offense of a law subject to forfeiture. The term
36	36	includes land, buildings, containers, conveyances, equipment,
37	37	materials, products, computer hardware or software,
38	38	telecommunications devices, firearms, ammunition, tools, and
39	39	money, securities, negotiable instruments, or other means of
40	40	exchange.
41	41	(8) "Law enforcement agency" means a law enforcement
42	42	agency of this state or a political subdivision of this state that
43	43	has authority under state law to engage in seizure and forfeiture.
44	44	(9) "Law subject to forfeiture" means a felony offense
45	45	under state law, the punishment for which explicitly authorizes
46	46	forfeiture.
47	47	Art. 59A.002. PURPOSE. The purpose of this chapter is to:
48	48	(1) deter criminal activity by reducing its economic
49	49	incentives;
50	50	(2) increase the pecuniary loss from criminal
51	51	activity;
52	52	(3) protect against the wrongful forfeiture of
53	53	property; and
54	54	(4) ensure that only criminal forfeiture is allowed in
55	55	this state.
56	56	Art. 59A.003. CRIMINAL ASSET FORFEITURE; PROPERTY SUBJECT
57	57	TO FORFEITURE. The convicting court may order a person convicted of
58	58	violating a law subject to forfeiture to forfeit:
59	59	(1) property the person derived from the commission of
60	60	the offense;
61	61	(2) property directly traceable to property derived
62	62	from the commission of the offense; or
63	63	(3) instrumentalities the person used in the
64	64	commission of the offense.
65	65	Art. 59A.004. EXEMPT PROPERTY. Property that is homestead
66	66	property, a motor vehicle valued at less than $10,000, and United
67	67	States currency totaling $200 or less are exempt from forfeiture.
68	68	Art. 59A.005. CONTRABAND. A person may not have a property
69	69	right in contraband. Contraband is subject to seizure and must be
70	70	disposed of in accordance with state law. Contraband is not subject
71	71	to forfeiture under this chapter.
72	72	Art. 59A.006. CONVICTION REQUIRED; STANDARD OF PROOF. (a)
73	73	Property may be forfeited under this chapter if:
74	74	(1) a person is convicted under a state law subject to
75	75	forfeiture; and
76	76	(2) the state establishes by clear and convincing
77	77	evidence that the applicable requirements of Articles
78	78	59A.003-59A.005 are met.
79	79	(b) This chapter does not prevent property from being
80	80	forfeited by plea agreement approved by the convicting court.
81	81	Art. 59A.007. SUBSTITUTION OF ASSETS. On the state's
82	82	motion following conviction, the convicting court may order the
83	83	forfeiture of substitute property owned by the defendant if the
84	84	state proves by a preponderance of the evidence that the defendant
85	85	intentionally transferred, sold, or deposited property with a third
86	86	party to avoid the court's jurisdiction. The value of substitute
87	87	property forfeited may not exceed the value of the property
88	88	transferred, sold, or deposited.
89	89	Art. 59A.008. NO ADDITIONAL REMEDIES. The state may not
90	90	seek a personal money judgment against the defendant or any other
91	91	remedy not provided by this chapter.
92	92	Art. 59A.009. NO JOINT AND SEVERAL LIABILITY. A defendant
93	93	is not jointly and severally liable for forfeiture awards owed by
94	94	other defendants. If ownership is unknown, the convicting court
95	95	may order each defendant to forfeit property on a pro rata basis or
96	96	by other equitable means.
97	97	Art. 59A.010. SEIZURE OF PERSONAL PROPERTY WITH PROCESS.
98	98	At the request of the state made at any time, a court may issue an ex
99	99	parte preliminary order to seize or secure personal property for
100	100	which forfeiture is sought and to provide for its custody. The
101	101	application for and the issuance, execution, and return of the
102	102	order are governed by state law.
103	103	Art. 59A.011. SEIZURE OF PERSONAL PROPERTY WITHOUT PROCESS.
104	104	Personal property subject to forfeiture may be seized at any time
105	105	without a court order if:
106	106	(1) the seizure is incident to a lawful arrest or
107	107	search;
108	108	(2) the personal property has been the subject of a
109	109	previous judgment in favor of the state; or
110	110	(3) the law enforcement agency seizing the property
111	111	has probable cause to believe that the seizure is immediately
112	112	necessary to prevent the removal or destruction of the personal
113	113	property and that the personal property is forfeitable under this
114	114	chapter.
115	115	Art. 59A.012. SEIZURE OF REAL PROPERTY WITH PROCESS. (a)
116	116	Real property may be seized only under a court order. A court may
117	117	issue an order to seize or secure real property for which forfeiture
118	118	is sought only after the property owners are provided notice and an
119	119	opportunity for a contested hearing to determine the sufficiency of
120	120	probable cause for the seizure.
121	121	(b) This section does not prohibit the attorney
122	122	representing the state from seeking a lis pendens or restraining
123	123	order to prohibit the sale or destruction of the real property.
124	124	(c) The application for and the issuance, execution, and
125	125	return of any order are governed by state law.
126	126	Art. 59A.013. RECEIPT. A law enforcement officer who
127	127	seizes property shall give an itemized receipt to the person
128	128	possessing the property, or in the absence of any person, leave a
129	129	receipt in the place where the property was found, if reasonably
130	130	possible.
131	131	Art. 59A.014. TITLE TO PROPERTY. (a) At the time of a
132	132	seizure or the issuance of a restraining order, the state acquires
133	133	provisional title to the seized property and is authorized to hold
134	134	and protect the property.
135	135	(b) Title to the property vests with the state when the
136	136	trier of fact renders a final forfeiture verdict and the vesting
137	137	relates back to the time when the state acquired provisional title.
138	138	Title acquired under this subsection is subject to claims by third
139	139	parties adjudicated as provided by this chapter.
140	140	Art. 59A.015. PRETRIAL HEARING REGARDING REPLEVIN. (a) In
141	141	this article, "claimant" means a defendant or a third party
142	142	claiming an ownership interest in property that has been seized.
143	143	(b) Following a seizure of property, a claimant has the
144	144	right to a pretrial hearing to determine the validity of the
145	145	seizure.
146	146	(c) The claimant may claim, at any time on or before the 60th
147	147	day before the scheduled start of the trial of the related criminal
148	148	offense, the right to possession of property by motion to the court
149	149	to issue a writ of replevin.
150	150	(d) The claimant must file a motion establishing the
151	151	validity of the alleged interest in the property.
152	152	(e) The court shall hear the motion not later than the 30th
153	153	day after the date the motion is filed.
154	154	(f) The state must file an answer showing probable cause for
155	155	the seizure or a cross motion not later than the 10th day before the
156	156	hearing on the claimant's motion.
157	157	(g) The court shall grant the claimant's motion if the court
158	158	finds that:
159	159	(1) the final judgment is likely to require the state
160	160	to return the property to the claimant;
161	161	(2) the property is not reasonably required to be held
162	162	for investigatory reasons; or
163	163	(3) the property is the only reasonable means for a
164	164	defendant to pay for legal representation in the forfeiture
165	165	proceeding or in the prosecution of the related criminal offense.
166	166	(h) At the court's discretion under Subsection (g)(3), the
167	167	court may order the return of funds or property sufficient to obtain
168	168	legal counsel but less than the total amount seized, and may require
169	169	an accounting for the use of the returned funds or property.
170	170	(i) Instead of ordering the issuance of the writ of
171	171	replevin, the court may order the state to give security or written
172	172	assurance for satisfaction of any judgment, including damages, that
173	173	may be rendered in the action, or order other appropriate relief.
174	174	Art. 59A.016. FORFEITURE PROCEEDING. A proceeding for the
175	175	forfeiture of property must be held following the trial of the
176	176	related alleged offense. If the value of the property is less than
177	177	$10,000, the proceeding must be held before the judge only.
178	178	Art. 59A.017. PROPORTIONALITY HEARING. (a) At any time
179	179	following determination of forfeiture by the trier of fact, the
180	180	defendant may petition the court to determine whether the
181	181	forfeiture is unconstitutionally excessive under the United States
182	182	Constitution or the Texas Constitution.
183	183	(b) The defendant has the burden of establishing by a
184	184	preponderance of the evidence that the forfeiture is grossly
185	185	disproportional to the seriousness of the offense at a hearing
186	186	conducted by the court without a jury.
187	187	(c) In determining whether the forfeiture of an
188	188	instrumentality is unconstitutionally excessive, the court may
189	189	consider all relevant factors, including:
190	190	(1) the seriousness of the offense and its impact on
191	191	the community, including the duration of the activity and the harm
192	192	caused by the defendant;
193	193	(2) the extent to which the defendant participated in
194	194	the offense;
195	195	(3) the extent to which the property was used in
196	196	committing the offense;
197	197	(4) the sentence imposed for the offense; and
198	198	(5) whether the offense was completed or attempted.
199	199	(d) In determining the value of the instrumentality subject
200	200	to forfeiture, the court may consider all relevant factors,
201	201	including:
202	202	(1) the fair market value of the property;
203	203	(2) the value of the property to the defendant,
204	204	including hardship to the defendant if the property is ordered
205	205	forfeited; and
206	206	(3) the hardship from the loss of a primary residence,
207	207	motor vehicle, or other property to the defendant's family members
208	208	or others if the property is ordered forfeited.
209	209	(e) The court may not consider the value of the
210	210	instrumentality to the state in determining whether the forfeiture
211	211	of an instrumentality is unconstitutionally excessive.
212	212	Art. 59A.018. SECURITY INTEREST. A bona fide security
213	213	interest is not subject to forfeiture unless the person claiming
214	214	the security interest had actual knowledge that the property was
215	215	subject to forfeiture at the time the property was seized or
216	216	restrained under this chapter. A person claiming a security
217	217	interest must establish the validity of the interest by a
218	218	preponderance of the evidence.
219	219	Art. 59A.019. INNOCENT OWNER. (a) The property of an
220	220	innocent owner may not be forfeited.
221	221	(b) A person who has an ownership interest in property
222	222	subject to forfeiture existing at the time of the conduct giving
223	223	rise to forfeiture and who claims to be an innocent owner must show
224	224	that the person has a legal right, title, or interest in the
225	225	property seized under this chapter. If the person shows legal
226	226	right, title, or interest in the property, the state must prove by a
227	227	preponderance of the evidence that the person had actual or
228	228	constructive knowledge of the underlying offense giving rise to the
229	229	forfeiture.
230	230	(c) A person who acquired an ownership interest in property
231	231	subject to forfeiture after the commission of an offense giving
232	232	rise to the forfeiture and who claims to be an innocent owner must
233	233	show that the person has legal right, title, or interest in the
234	234	property seized under this chapter. If the person shows legal
235	235	right, title, or interest in the property, the state must prove by a
236	236	preponderance of the evidence that at the time the person acquired
237	237	the property, the person:
238	238	(1) had actual or constructive knowledge that the
239	239	property was subject to forfeiture; or
240	240	(2) did not purchase the property for valuable
241	241	consideration without notice of any defect in title.
242	242	(d) If the state fails to meet its burden in Subsection (b)
243	243	or (c), the court shall find that the person is an innocent owner
244	244	and shall order the state to relinquish all claims of title to the
245	245	property.
246	246	Art. 59A.020. APPEAL. A party to forfeiture litigation may
247	247	appeal the court's decision regarding the seizure, forfeiture, and
248	248	distribution of property under this chapter.
249	249	Art. 59A.021. DISPOSITION OF PROPERTY AND PROCEEDS. (a) If
250	250	abandoned property or contraband held for evidentiary purposes is
251	251	no longer needed for that purpose, the court may order that it be:
252	252	(1) delivered not later than the 30th day after the
253	253	date of the order to the comptroller of public accounts; or
254	254	(2) if the property is contraband, destroyed not later
255	255	than the 30th day after the date of the order.
256	256	(b) If property is forfeited under this chapter, the court
257	257	may order that the property be delivered not later than the 30th day
258	258	after the date of the order to the comptroller.
259	259	(c) On the court's own motion or the motion of any party, the
260	260	court may order that a portion of the currency seized or of the
261	261	proceeds from the public auction of property be used to pay
262	262	reasonable expenses for the seizure, storage, and maintenance or
263	263	custody of any forfeited items, other than expenses for personnel.
264	264	(d) All abandoned property must be delivered to the
265	265	comptroller.
266	266	(e) The comptroller shall dispose of all forfeited and
267	267	abandoned property, other than currency, at public auction. The
268	268	auction proceeds and forfeited currency shall first be used to pay
269	269	all outstanding recorded liens on the forfeited property, and then
270	270	to comply with any court order regarding the payment of expenses.
271	271	The comptroller shall deposit all remaining money in the general
272	272	revenue fund.
273	273	Art. 59A.022. PROHIBITION ON RETAINING PROPERTY; SALE
274	274	RESTRICTIONS. A law enforcement agency may not:
275	275	(1) retain forfeited or abandoned property for the
276	276	agency's use; or
277	277	(2) sell forfeited or abandoned property directly or
278	278	indirectly to:
279	279	(A) an employee of the agency;
280	280	(B) a person related to an employee by
281	281	consanguinity or affinity; or
282	282	(C) another law enforcement agency.
283	283	Art. 59A.023. REPORTING. (a) Not later than February 1 of
284	284	each year, each law enforcement agency shall report to the
285	285	department the following information regarding forfeitures
286	286	completed by the agency under state or federal forfeiture law
287	287	during the previous calendar year:
288	288	(1) the total number of forfeitures of currency;
289	289	(2) the total number of forfeitures and the number of
290	290	items of property forfeited according to categories specified by
291	291	the department;
292	292	(3) the total market value of each category of
293	293	property forfeited;
294	294	(4) the total number of occurrences of each type of
295	295	offense underlying the forfeitures, including offenses involving
296	296	controlled substances, driving while intoxicated, and other
297	297	offenses; and
298	298	(5) any other information required by the department.
299	299	(b) The department shall prescribe a standardized form and
300	300	provide for electronic submission of a report required under
301	301	Subsection (a).
302	302	(c) Each law enforcement agency shall file with the
303	303	department the report required under Subsection (a) for the law
304	304	enforcement agency and the corresponding attorney representing the
305	305	state. A law enforcement agency shall file separate reports for
306	306	forfeitures completed under state and federal forfeiture law. If a
307	307	law enforcement agency did not engage in forfeitures during the
308	308	reporting period, the agency must file a report indicating that
309	309	fact.
310	310	(d) Not later than April 1 of each year, the department
311	311	shall issue an aggregate report of all forfeitures in the state and
312	312	make available on its website the reports submitted by law
313	313	enforcement agencies and the department's aggregate report.
314	314	Art. 59A.024. RETURN OF PROPERTY; DAMAGES; COSTS. (a) A
315	315	law enforcement agency that holds property under this chapter shall
316	316	return the property to the owner not later than the fifth day after
317	317	the date:
318	318	(1) the court finds that the owner had a bona fide
319	319	security interest;
320	320	(2) the court finds that the owner was an innocent
321	321	owner;
322	322	(3) the acquittal of the owner of the criminal charge
323	323	against the owner that is the basis of the forfeiture proceeding; or
324	324	(4) the dismissal of the criminal charge against the
325	325	owner that is the basis of the forfeiture proceeding.
326	326	(b) The law enforcement agency that holds the property is
327	327	responsible for any damages, storage fees, and related costs
328	328	applicable to property returned under Subsection (a).
329	329	Art. 59A.025. TRANSFER OF FORFEITABLE PROPERTY TO FEDERAL
330	330	GOVERNMENT. A law enforcement agency or attorney representing the
331	331	state may not directly or indirectly transfer seized property to
332	332	any federal law enforcement authority or other federal agency
333	333	unless:
334	334	(1) the value of the seized property exceeds $50,000,
335	335	excluding the potential value of the sale of any contraband; and
336	336	(2) the attorney representing the state determines
337	337	that:
338	338	(A) the activity giving rise to the investigation
339	339	or seizure is interstate in nature and sufficiently complex to
340	340	justify the transfer; or
341	341	(B) the seized property may only be forfeited
342	342	under federal law.
343	343	SECTION 2. Section 72.051(a), Business & Commerce Code, is
344	344	amended to read as follows:
345	345	(a) In this section, "law enforcement agency" means an
346	346	agency of the state or an agency of a political subdivision of the
347	347	state authorized by law to employ peace officers [has the meaning
348	348	assigned by Article 59.01, Code of Criminal Procedure].
349	349	SECTION 3. Section 140.013, Civil Practice and Remedies
350	350	Code, is amended to read as follows:
351	351	Sec. 140.013. PREVIOUSLY SEIZED ASSETS. Notwithstanding
352	352	another provision of this chapter, no remedies provided by this
353	353	chapter may be assessed against proceeds, contraband, or other
354	354	property over which a law enforcement agency has previously
355	355	asserted jurisdiction under Chapter 59A [59], Code of Criminal
356	356	Procedure, at the time a suit under this chapter was filed.
357	357	SECTION 4. Article 18.01(g), Code of Criminal Procedure, is
358	358	amended to read as follows:
359	359	(g) A search warrant may not be issued under [Subdivision
360	360	(12),] Article 18.02(a)(12) [18.02, of this code] unless the sworn
361	361	affidavit required by Subsection (b) of this article sets forth
362	362	sufficient facts to establish probable cause that a specific felony
363	363	offense has been committed and that the specifically described
364	364	property or items that are to be searched for or seized constitute
365	365	contraband as defined in Article 59A.001 [59.01 of this code] and
366	366	are located at or on the particular person, place, or thing to be
367	367	searched.
368	368	SECTION 5. Article 18.02(a), Code of Criminal Procedure, is
369	369	amended to read as follows:
370	370	(a) A search warrant may be issued to search for and seize:
371	371	(1) property acquired by theft or in any other manner
372	372	which makes its acquisition a penal offense;
373	373	(2) property specially designed, made, or adapted for
374	374	or commonly used in the commission of an offense;
375	375	(3) arms and munitions kept or prepared for the
376	376	purposes of insurrection or riot;
377	377	(4) weapons prohibited by the Penal Code;
378	378	(5) gambling devices or equipment, altered gambling
379	379	equipment, or gambling paraphernalia;
380	380	(6) obscene materials kept or prepared for commercial
381	381	distribution or exhibition, subject to the additional rules set
382	382	forth by law;
383	383	(7) a drug, controlled substance, immediate
384	384	precursor, chemical precursor, or other controlled substance
385	385	property, including an apparatus or paraphernalia kept, prepared,
386	386	or manufactured in violation of the laws of this state;
387	387	(8) any property the possession of which is prohibited
388	388	by law;
389	389	(9) implements or instruments used in the commission
390	390	of a crime;
391	391	(10) property or items, except the personal writings
392	392	by the accused, constituting evidence of an offense or constituting
393	393	evidence tending to show that a particular person committed an
394	394	offense;
395	395	(11) persons;
396	396	(12) contraband subject to forfeiture under Chapter
397	397	59A [59 of this code]; or
398	398	(13) electronic customer data held in electronic
399	399	storage, including the contents of and records and other
400	400	information related to a wire communication or electronic
401	401	communication held in electronic storage.
402	402	SECTION 6. Articles 18.19(c), (d-1), and (e), Code of
403	403	Criminal Procedure, are amended to read as follows:
404	404	(c) If there is no prosecution or conviction for an offense
405	405	involving the weapon seized, the magistrate to whom the seizure was
406	406	reported shall, before the 61st day after the date the magistrate
407	407	determines that there will be no prosecution or conviction, notify
408	408	in writing the person found in possession of the weapon that the
409	409	person is entitled to the weapon upon written request to the
410	410	magistrate. The magistrate shall order the weapon returned to the
411	411	person found in possession before the 61st day after the date the
412	412	magistrate receives a request from the person. If the weapon is not
413	413	requested before the 61st day after the date of notification, the
414	414	magistrate shall, before the 121st day after the date of
415	415	notification, order the weapon destroyed, sold at public sale by
416	416	the law enforcement agency holding the weapon or by an auctioneer
417	417	licensed under Chapter 1802, Occupations Code, or forfeited to the
418	418	state for use by the law enforcement agency holding the weapon or by
419	419	a county forensic laboratory designated by the magistrate. If the
420	420	magistrate does not order the return, destruction, sale, or
421	421	forfeiture of the weapon within the applicable period prescribed by
422	422	this subsection, the law enforcement agency holding the weapon may
423	423	request an order of destruction, sale, or forfeiture of the weapon
424	424	from the magistrate. Only a firearms dealer licensed under 18
425	425	U.S.C. Section 923 may purchase a weapon at public sale under this
426	426	subsection. Proceeds from the sale of a seized weapon under this
427	427	subsection shall be transferred, after the deduction of court costs
428	428	and [to which a district court clerk is entitled under Article
429	429	59.05(f), followed by the deduction of] auction costs, to the law
430	430	enforcement agency holding the weapon.
431	431	(d-1) Only a firearms dealer licensed under 18 U.S.C.
432	432	Section 923 may purchase a weapon at public sale under Subsection
433	433	(d). Proceeds from the sale of a seized weapon under Subsection (d)
434	434	shall be transferred, after the deduction of court costs and [to
435	435	which a district court clerk is entitled under Article 59.05(f),
436	436	followed by the deduction of] auction costs, to the law enforcement
437	437	agency holding the weapon.
438	438	(e) If the person found in possession of a weapon is
439	439	convicted of an offense involving the use of the weapon, before the
440	440	61st day after the date of conviction the court entering judgment of
441	441	conviction shall order destruction of the weapon, sale at public
442	442	sale by the law enforcement agency holding the weapon or by an
443	443	auctioneer licensed under Chapter 1802, Occupations Code, or
444	444	forfeiture to the state for use by the law enforcement agency
445	445	holding the weapon or by a county forensic laboratory designated by
446	446	the court. If the court entering judgment of conviction does not
447	447	order the destruction, sale, or forfeiture of the weapon within the
448	448	period prescribed by this subsection, the law enforcement agency
449	449	holding the weapon may request an order of destruction, sale, or
450	450	forfeiture of the weapon from a magistrate. Only a firearms dealer
451	451	licensed under 18 U.S.C. Section 923 may purchase a weapon at public
452	452	sale under this subsection. Proceeds from the sale of a seized
453	453	weapon under this subsection shall be transferred, after the
454	454	deduction of court costs and [to which a district court clerk is
455	455	entitled under Article 59.05(f), followed by the deduction of]
456	456	auction costs, to the law enforcement agency holding the weapon.
457	457	SECTION 7. Section 157.317(a), Family Code, is amended to
458	458	read as follows:
459	459	(a) A child support lien attaches to all real and personal
460	460	property not exempt under the Texas Constitution or other law,
461	461	including:
462	462	(1) an account in a financial institution;
463	463	(2) a retirement plan, including an individual
464	464	retirement account;
465	465	(3) the proceeds of an insurance policy, including the
466	466	proceeds from a life insurance policy or annuity contract and the
467	467	proceeds from the sale or assignment of life insurance or annuity
468	468	benefits, a claim for compensation, or a settlement or award for the
469	469	claim for compensation, due to or owned by the obligor; and
470	470	(4) property seized and subject to forfeiture under
471	471	Chapter 59A [59], Code of Criminal Procedure.
472	472	SECTION 8. Section 392.303, Finance Code, is amended by
473	473	amending Subsection (a) and adding Subsection (d) to read as
474	474	follows:
475	475	(a) In debt collection, a debt collector may not use unfair
476	476	or unconscionable means that employ the following practices:
477	477	(1) seeking or obtaining a written statement or
478	478	acknowledgment in any form that specifies that a consumer's
479	479	obligation is one incurred for necessaries of life if the
480	480	obligation was not incurred for those necessaries;
481	481	(2) collecting or attempting to collect interest or a
482	482	charge, fee, or expense incidental to the obligation unless the
483	483	interest or incidental charge, fee, or expense is expressly
484	484	authorized by the agreement creating the obligation or legally
485	485	chargeable to the consumer; or
486	486	(3) collecting or attempting to collect an obligation
487	487	under a check, draft, debit payment, or credit card payment, if:
488	488	(A) the check or draft was dishonored or the
489	489	debit payment or credit card payment was refused because the check
490	490	or draft was not drawn or the payment was not made by a person
491	491	authorized to use the applicable account;
492	492	(B) the debt collector has received written
493	493	notice from a person authorized to use the account that the check,
494	494	draft, or payment was unauthorized; and
495	495	(C) the person authorized to use the account has
496	496	filed a report concerning the unauthorized check, draft, or payment
497	497	with a law enforcement agency [, as defined by Article 59.01, Code
498	498	of Criminal Procedure,] and has provided the debt collector with a
499	499	copy of the report.
500	500	(d) In this section, "law enforcement agency" means an
501	501	agency of the state or an agency of a political subdivision of the
502	502	state authorized by law to employ peace officers.
503	503	SECTION 9. Section 45.193(d), Government Code, is amended
504	504	to read as follows:
505	505	(d) The county attorney has no power, duty, or privilege in
506	506	Grimes County relating to criminal matters, including asset
507	507	forfeitures under Chapter 59A [59], Code of Criminal Procedure,
508	508	appearance bond forfeitures under Chapter 17, Code of Criminal
509	509	Procedure, and habeas corpus related to criminal matters.
510	510	SECTION 10. Section 54.656(a), Government Code, is amended
511	511	to read as follows:
512	512	(a) A judge may refer to a magistrate any criminal case for
513	513	proceedings involving:
514	514	(1) a negotiated plea of guilty before the court;
515	515	(2) a bond forfeiture;
516	516	(3) a pretrial motion;
517	517	(4) a postconviction writ of habeas corpus;
518	518	(5) an examining trial;
519	519	(6) an occupational driver's license;
520	520	(7) an agreed order of expunction under Chapter 55,
521	521	Code of Criminal Procedure;
522	522	(8) a [an asset] forfeiture hearing as provided by
523	523	Chapter 59A [59], Code of Criminal Procedure;
524	524	(9) an agreed order of nondisclosure provided by
525	525	Section 411.081;
526	526	(10) a hearing on a motion to revoke probation; and
527	527	(11) any other matter the judge considers necessary
528	528	and proper.
529	529	SECTION 11. Section 2007.003(b), Government Code, is
530	530	amended to read as follows:
531	531	(b) This chapter does not apply to the following
532	532	governmental actions:
533	533	(1) an action by a municipality except as provided by
534	534	Subsection (a)(3);
535	535	(2) a lawful forfeiture or seizure of contraband as
536	536	defined by Article 59A.001 [59.01], Code of Criminal Procedure;
537	537	(3) a lawful seizure of property as evidence of a crime
538	538	or violation of law;
539	539	(4) an action, including an action of a political
540	540	subdivision, that is reasonably taken to fulfill an obligation
541	541	mandated by federal law or an action of a political subdivision that
542	542	is reasonably taken to fulfill an obligation mandated by state law;
543	543	(5) the discontinuance or modification of a program or
544	544	regulation that provides a unilateral expectation that does not
545	545	rise to the level of a recognized interest in private real property;
546	546	(6) an action taken to prohibit or restrict a
547	547	condition or use of private real property if the governmental
548	548	entity proves that the condition or use constitutes a public or
549	549	private nuisance as defined by background principles of nuisance
550	550	and property law of this state;
551	551	(7) an action taken out of a reasonable good faith
552	552	belief that the action is necessary to prevent a grave and immediate
553	553	threat to life or property;
554	554	(8) a formal exercise of the power of eminent domain;
555	555	(9) an action taken under a state mandate to prevent
556	556	waste of oil and gas, protect correlative rights of owners of
557	557	interests in oil or gas, or prevent pollution related to oil and gas
558	558	activities;
559	559	(10) a rule or proclamation adopted for the purpose of
560	560	regulating water safety, hunting, fishing, or control of
561	561	nonindigenous or exotic aquatic resources;
562	562	(11) an action taken by a political subdivision:
563	563	(A) to regulate construction in an area
564	564	designated under law as a floodplain;
565	565	(B) to regulate on-site sewage facilities;
566	566	(C) under the political subdivision's
567	567	[subdivisions's] statutory authority to prevent waste or protect
568	568	rights of owners of interest in groundwater; or
569	569	(D) to prevent subsidence;
570	570	(12) the appraisal of property for purposes of ad
571	571	valorem taxation;
572	572	(13) an action that:
573	573	(A) is taken in response to a real and
574	574	substantial threat to public health and safety;
575	575	(B) is designed to significantly advance the
576	576	health and safety purpose; and
577	577	(C) does not impose a greater burden than is
578	578	necessary to achieve the health and safety purpose; or
579	579	(14) an action or rulemaking undertaken by the Public
580	580	Utility Commission of Texas to order or require the location or
581	581	placement of telecommunications equipment owned by another party on
582	582	the premises of a certificated local exchange company.
583	583	SECTION 12. Section 481.159(a), Health and Safety Code, is
584	584	amended to read as follows:
585	585	(a) If a district court orders the forfeiture of a
586	586	controlled substance property or plant under Chapter 59A [59], Code
587	587	of Criminal Procedure, or under this code, the court shall also
588	588	order a law enforcement agency to:
589	589	(1) retain the property or plant for its official
590	590	purposes, including use in the investigation of offenses under this
591	591	code;
592	592	(2) deliver the property or plant to a government
593	593	agency for official purposes;
594	594	(3) deliver the property or plant to a person
595	595	authorized by the court to receive it;
596	596	(4) deliver the property or plant to a person
597	597	authorized by the director to receive it for a purpose described by
598	598	Section 481.065(a); or
599	599	(5) destroy the property or plant that is not
600	600	otherwise disposed of in the manner prescribed by this subchapter.
601	601	SECTION 13. Section 481.160(a), Health and Safety Code, is
602	602	amended to read as follows:
603	603	(a) If a controlled substance property or plant is forfeited
604	604	under this code or under Chapter 59A [59], Code of Criminal
605	605	Procedure, the law enforcement agency that seized the property or
606	606	plant or to which the property or plant is forfeited may summarily
607	607	destroy the property or plant without a court order before the
608	608	disposition of a case arising out of the forfeiture if the agency
609	609	ensures that:
610	610	(1) at least five random and representative samples
611	611	are taken from the total amount of the property or plant and a
612	612	sufficient quantity is preserved to provide for discovery by
613	613	parties entitled to discovery;
614	614	(2) photographs are taken that reasonably depict the
615	615	total amount of the property or plant; and
616	616	(3) the gross weight or liquid measure of the property
617	617	or plant is determined, either by actually weighing or measuring
618	618	the property or plant or by estimating its weight or measurement
619	619	after making dimensional measurements of the total amount seized.
620	620	SECTION 14. Section 113.008(g), Local Government Code, is
621	621	amended to read as follows:
622	622	(g) Subsections (b-1) and (f)(2) do not apply to a special
623	623	fund administered by an attorney representing the state under
624	624	Chapter 18 or [,] 47, [or 59,] Code of Criminal Procedure.
625	625	SECTION 15. Section 1701.253(g), Occupations Code, is
626	626	amended to read as follows:
627	627	(g) As part of the minimum curriculum requirements, the
628	628	commission shall establish a statewide comprehensive education and
629	629	training program on criminal asset forfeiture under Chapter 59A
630	630	[59], Code of Criminal Procedure, for officers licensed under this
631	631	chapter. An officer shall complete a program established under
632	632	this subsection not later than the second anniversary of the date
633	633	the officer is licensed under this chapter or the date the officer
634	634	applies for an intermediate proficiency certificate, whichever
635	635	date is earlier.
636	636	SECTION 16. Section 37.08(b), Penal Code, is amended to
637	637	read as follows:
638	638	(b) In this section, "law enforcement agency" means an
639	639	agency of the state or an agency of a political subdivision of the
640	640	state authorized by law to employ peace officers [has the meaning
641	641	assigned by Article 59.01, Code of Criminal Procedure].
642	642	SECTION 17. Section 38.152(c)(3), Penal Code, is amended to
643	643	read as follows:
644	644	(3) "Law enforcement agency" means an agency of the
645	645	state or an agency of a political subdivision of the state
646	646	authorized by law to employ peace officers [has the meaning
647	647	assigned by Article 59.01, Code of Criminal Procedure].
648	648	SECTION 18. Section 159.205(a), Tax Code, is amended to
649	649	read as follows:
650	650	(a) The right of the comptroller to collect the tax imposed
651	651	by this chapter, including applicable penalty and interest, is
652	652	subordinate to the right of a federal, state, or local law
653	653	enforcement authority to seize, forfeit, and retain property under
654	654	Chapter 481, Health and Safety Code; Chapter 59A [59], Code of
655	655	Criminal Procedure; or any other criminal forfeiture law of this
656	656	state or of the United States. A lien filed by the comptroller as a
657	657	result of the failure of a dealer to pay the tax, penalty, or
658	658	interest due under this chapter is also subordinate to those
659	659	rights.
660	660	SECTION 19. The following provisions are repealed:
661	661	(1) Section 140.004(h), Civil Practice and Remedies
662	662	Code, as added by Chapter 1066 (H.B. 3241), Acts of the 83rd
663	663	Legislature, Regular Session, 2013;
664	664	(2) Article 18.17, Code of Criminal Procedure;
665	665	(3) Chapter 59, Code of Criminal Procedure;
666	666	(4) Sections 24.377(c) and 54.656(b), Government
667	667	Code;
668	668	(5) Section 365.012(i), Health and Safety Code; and
669	669	(6) Sections 12.101(1) and (2) and Section 12.1106,
670	670	Parks and Wildlife Code.
671	671	SECTION 20. (a) Except as provided by Subsection (b) of
672	672	this section, on the effective date of this Act, any property in the
673	673	possession of a law enforcement agency, game warden, or attorney
674	674	representing the state, that was seized under Chapter 59, Code of
675	675	Criminal Procedure, or Section 12.1106, Parks and Wildlife Code,
676	676	and that has not been ordered forfeited to the state by a court,
677	677	must be returned to the person from whom the property was seized.
678	678	(b) Property that is evidence in the investigation or
679	679	prosecution of a criminal offense is not required to be returned
680	680	under Subsection (a) of this section until the disposition of all
681	681	charges relating to the offense.
682	682	SECTION 21. The repeal by this Act of Article 18.17, Code of
683	683	Criminal Procedure, does not apply to abandoned or unclaimed
684	684	property seized before the effective date of this Act, and the
685	685	former Article 18.17 is continued in effect for the purposes of the
686	686	disposition of property described by this section.
687	687	SECTION 22. This Act takes effect immediately if it
688	688	receives a vote of two-thirds of all the members elected to each
689	689	house, as provided by Section 39, Article III, Texas Constitution.
690	690	If this Act does not receive the vote necessary for immediate
691	691	effect, this Act takes effect September 1, 2015.