S.B. No. 1164
AN ACT
relating to the disposition of an item bearing a counterfeit
trademark seized in connection with a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 18, Code of Criminal Procedure, is
amended by adding Article 18.182 to read as follows:
Art. 18.182. DISPOSITION OF ITEM BEARING COUNTERFEIT MARK.
(a) In this article, "counterfeit mark" and "protected mark" have
the meanings assigned by Section 32.23, Penal Code.
(b) Following the conviction or placement on deferred
adjudication community supervision of a person for an offense under
Section 32.23, Penal Code, the court entering the judgment of
conviction or order of deferred adjudication community supervision
shall order that any item bearing or identified by a counterfeit
mark seized in connection with the offense be:
(1) forfeited to the owner of the protected mark, if
prior to an order disposing of property under this article the owner
of the protected mark requests the return of the item; or
(2) destroyed.
SECTION 2. 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 was
committed before that date.
SECTION 3. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1164 passed the Senate on
April 25, 2019, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 23, 2019, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1164 passed the House, with
amendment, on May 17, 2019, by the following vote: Yeas 147,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor