H.B. No. 2613
AN ACT
relating to the offense of operation of a stash house and to funding
certain crime victim services through the use of money derived from
a civil asset forfeiture of contraband related to that offense,
human smuggling and trafficking offenses, and certain prostitution
offenses; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 20, Penal Code, is amended by adding
Section 20.07 to read as follows:
Sec. 20.07. OPERATION OF STASH HOUSE. (a) A person commits
an offense if the person knowingly:
(1) uses or permits another to use any real estate,
building, room, tent, vehicle, boat, or other property owned by the
person or under the person's control to commit an offense or to
facilitate the commission of an offense under Section 20.05, 20.06,
20A.02, 20A.03, 43.04, or 43.05; or
(2) rents or leases any property to another, intending
that the property be used as described by Subdivision (1).
(b) An offense under this section is a Class A misdemeanor.
(c) If conduct that constitutes an offense under this
section also constitutes an offense under another law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 2. Article 59.01(2), Code of Criminal Procedure, is
amended to read as follows:
(2) "Contraband" means property of any nature,
including real, personal, tangible, or intangible, that is:
(A) used in the commission of:
(i) any first or second degree felony under
the Penal Code;
(ii) any felony under Section 15.031(b),
[20.05, 20.06,] 21.11, or 38.04[,] or Chapter [43, 20A,] 29, 30, 31,
32, 33, 33A, or 35, Penal Code;
(iii) any felony under Chapter 43, Penal
Code, except as provided by Paragraph (B);
(iv) [(iii)] any felony under The
Securities Act (Article 581-1 et seq., Vernon's Texas Civil
Statutes); or
(v) [(iv)] any offense under Chapter 49,
Penal Code, that is punishable as a felony of the third degree or
state jail felony, if the defendant has been previously convicted
three times of an offense under that chapter;
(B) used or intended to be used in the commission
of:
(i) any felony under Chapter 481, Health
and Safety Code (Texas Controlled Substances Act);
(ii) any felony under Chapter 483, Health
and Safety Code;
(iii) a felony under Chapter 151, Finance
Code;
(iv) any felony under Chapter 20A or 34,
Penal Code;
(v) a Class A misdemeanor under Subchapter
B, Chapter 365, Health and Safety Code, if the defendant has been
previously convicted twice of an offense under that subchapter;
(vi) any felony under Chapter 32, Human
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
involves the state Medicaid program;
(vii) a Class B misdemeanor under Chapter
522, Business & Commerce Code;
(viii) a Class A misdemeanor under Section
306.051, Business & Commerce Code;
(ix) any offense under Section 42.10, Penal
Code;
(x) any offense under Section 46.06(a)(1)
or 46.14, Penal Code;
(xi) any offense under Chapter 71, Penal
Code;
(xii) any offense under Section 20.05, [or]
20.06, 20.07, 43.04, or 43.05, Penal Code; or
(xiii) an offense under Section 326.002,
Business & Commerce Code;
(C) the proceeds gained from the commission of a
felony listed in Paragraph (A) or (B) of this subdivision, a
misdemeanor listed in Paragraph (B)(vii), (ix), (x), [or] (xi), or
(xii) of this subdivision, or a crime of violence;
(D) acquired with proceeds gained from the
commission of a felony listed in Paragraph (A) or (B) of this
subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
[or] (xi), or (xii) of this subdivision, or a crime of violence;
(E) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 15.031 or
Chapter 43 [43.25], Penal Code; or
(F) used to facilitate or intended to be used to
facilitate the commission of an offense [a felony] under Section
20.05, 20.06, or 20.07 [20A.02] or Chapter 20A [43], Penal Code.
SECTION 3. Article 59.06, Code of Criminal Procedure, is
amended by adding Subsection (t) to read as follows:
(t)(1) This subsection applies only to contraband for which
forfeiture is authorized with respect to an offense under Section
20.05, 20.06, 20.07, 43.04, or 43.05 or Chapter 20A, Penal Code.
(2) Notwithstanding any other provision of this
article, the gross amount credited to the special fund of the office
of the attorney representing the state or of a law enforcement
agency under Subsection (c) from the forfeiture of contraband
described by Subdivision (1) shall be:
(A) used to provide direct victim services by the
victim services division or other similar division of the office of
the attorney representing the state or of a law enforcement agency,
as applicable; or
(B) used by the office of the attorney
representing the state or of the law enforcement agency to cover the
costs of a contract with a local nonprofit organization to provide
direct services to crime victims.
(3) An expenditure of money in the manner required by
this subsection is considered to be for an official purpose of the
office of the attorney representing the state or for a law
enforcement purpose, as applicable.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2613 was passed by the House on May 9,
2019, by the following vote: Yeas 138, Nays 6, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2613 was passed by the Senate on May
22, 2019, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor