Texas 2021 - 87th Regular

Texas House Bill HB251 Compare Versions

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

Old	New	Differences
1	1	87R654 LHC-F
2	2	By: Thompson of Harris H.B. No. 251
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
16	16	control of the property.
17	17	(2) "Actual knowledge" means direct and clear
18	18	awareness of information, facts, or conditions.
19	19	(3) "Contraband" means tangible or intangible goods
20	20	that are illegal to import, export, or possess, including a
21	21	scheduled drug without a valid prescription.
22	22	(4) "Conveyance" means a device or structure used for
23	23	transportation. The term includes a motor vehicle, trailer,
24	24	snowmobile, airplane, or vessel, and any attached equipment.
25	25	(5) "Department" means the Department of Public
26	26	Safety.
27	27	(6) "Instrumentality" means property that is
28	28	otherwise lawful to possess and that is used in the furtherance or
29	29	commission of an offense subject to forfeiture. The term includes
30	30	land, buildings, containers, conveyances, equipment, materials,
31	31	products, computer hardware or software, telecommunications
32	32	devices, firearms, ammunition, tools, and money, securities,
33	33	negotiable instruments, or other means of exchange. The term does
34	34	not include stolen property.
35	35	(7) "Law enforcement agency" means a law enforcement
36	36	agency of this state or a political subdivision of this state that
37	37	has authority under state law to engage in seizure and forfeiture.
38	38	(8) "Offense subject to forfeiture" means:
39	39	(A) a first or second degree felony under the
40	40	Penal Code;
41	41	(B) a third degree or state jail felony under
42	42	Chapter 49, Penal Code, if the defendant has been previously
43	43	convicted three times of an offense under that chapter;
44	44	(C) a felony under:
45	45	(i) Chapter 151, Finance Code;
46	46	(ii) Chapter 481 or 483, Health and Safety
47	47	Code;
48	48	(iii) Chapter 32, Human Resources Code, or
49	49	Chapter 35A or 37, Penal Code, that involves a health care program,
50	50	as defined by Section 35A.01, Penal Code;
51	51	(iv) Section 15.031, 21.11, or 38.04, Penal
52	52	Code;
53	53	(v) Chapter 20A, 29, 30, 31, 32, 33, 33A,
54	54	34, 35, or 43, Penal Code; or
55	55	(vi) The Securities Act (Article 581-1 et
56	56	seq., Vernon's Texas Civil Statutes);
57	57	(D) a Class A misdemeanor under:
58	58	(i) Section 306.051, Business & Commerce
59	59	Code; or
60	60	(ii) Subchapter B, Chapter 365, Health and
61	61	Safety Code, if the defendant has been previously convicted two
62	62	times of an offense under that subchapter;
63	63	(E) a Class B misdemeanor under Chapter 522,
64	64	Business & Commerce Code;
65	65	(F) an offense under:
66	66	(i) Section 326.002, Business & Commerce
67	67	Code;
68	68	(ii) Section 20.05, 20.06, 20.07, 42.10,
69	69	46.06(a)(1), or 46.14, Penal Code;
70	70	(iii) Chapter 71, Penal Code; or
71	71	(iv) Section 550.021, Transportation Code;
72	72	or
73	73	(G) any other offense that results in a personal
74	74	injury to a victim and that is provided under:
75	75	(i) the Penal Code; or
76	76	(ii) a federal criminal law.
77	77	Art. 59A.002. PURPOSE. The purpose of this chapter is to:
78	78	(1) deter criminal activity by reducing the economic
79	79	incentives;
80	80	(2) increase the pecuniary loss that results from
81	81	engaging in criminal activity; and
82	82	(3) protect against the wrongful forfeiture of
83	83	property.
84	84	Art. 59A.003. CRIMINAL ASSET FORFEITURE; PROPERTY SUBJECT
85	85	TO FORFEITURE. (a) The convicting court may order a person
86	86	convicted of an offense subject to forfeiture to forfeit any:
87	87	(1) property the person derived from the commission of
88	88	the offense;
89	89	(2) property directly traceable to property derived
90	90	from the commission of the offense; or
91	91	(3) instrumentality the person used in the commission
92	92	of the offense.
93	93	(b) For purposes of this chapter, a person is considered
94	94	convicted if:
95	95	(1) a sentence is imposed on the person; or
96	96	(2) the person receives community supervision,
97	97	including deferred adjudication community supervision.
98	98	Art. 59A.004. EXEMPT PROPERTY. The following are exempt
99	99	from forfeiture:
100	100	(1) property that is homestead property;
101	101	(2) a motor vehicle valued at less than $10,000; and
102	102	(3) United States currency totaling $200 or less.
103	103	Art. 59A.005. CONTRABAND. A person may not have a property
104	104	interest in contraband. Contraband is subject to seizure and shall
105	105	be disposed of in accordance with state law. Contraband is not
106	106	subject to forfeiture under this chapter.
107	107	Art. 59A.006. CONVICTION REQUIRED; STANDARD OF PROOF. (a)
108	108	Property may be forfeited under this chapter only if:
109	109	(1) a person is convicted of an offense subject to
110	110	forfeiture; and
111	111	(2) the state establishes by clear and convincing
112	112	evidence that the applicable requirements of Articles
113	113	59A.003-59A.005 are met.
114	114	(b) This chapter does not prevent property from being
115	115	forfeited by plea agreement approved by the convicting court.
116	116	Art. 59A.007. SUBSTITUTION OF ASSETS. On the state's
117	117	motion following conviction, the convicting court may order the
118	118	forfeiture of substitute property owned by the defendant if the
119	119	state proves by a preponderance of the evidence that the defendant
120	120	intentionally transferred, sold, or deposited property with a third
121	121	party to avoid the court's jurisdiction. The value of substitute
122	122	property forfeited may not exceed the value of the property
123	123	transferred, sold, or deposited.
124	124	Art. 59A.008. NO JOINT AND SEVERAL LIABILITY. A defendant
125	125	convicted of an offense subject to forfeiture is not jointly and
126	126	severally liable for a forfeiture award owed by any other
127	127	defendant. If ownership is unknown, the convicting court may order
128	128	each defendant to forfeit property on a pro rata basis or by other
129	129	equitable means.
130	130	Art. 59A.009. SEIZURE OF PERSONAL PROPERTY WITH PROCESS.
131	131	At the request of the state made at any time, a court may issue an ex
132	132	parte preliminary order to seize or secure personal property for
133	133	which forfeiture is sought and to provide for its custody.
134	134	Art. 59A.010. SEIZURE OF PERSONAL PROPERTY WITHOUT PROCESS.
135	135	Personal property subject to forfeiture may be seized at any time
136	136	without a court order if:
137	137	(1) the seizure is incident to a lawful arrest or
138	138	search;
139	139	(2) the personal property has been the subject of a
140	140	previous judgment in favor of the state; or
141	141	(3) the law enforcement agency seizing the property
142	142	has probable cause to believe that:
143	143	(A) the seizure is immediately necessary to
144	144	prevent the removal or destruction of the personal property; and
145	145	(B) the personal property is forfeitable under
146	146	this chapter.
147	147	Art. 59A.011. SEIZURE OF REAL PROPERTY WITH PROCESS. (a)
148	148	Real property may be seized only under a court order. A court may
149	149	issue an order to seize or secure real property for which forfeiture
150	150	is sought only after the property owners are provided notice and an
151	151	opportunity for a contested hearing to determine the sufficiency of
152	152	the probable cause for the seizure.
153	153	(b) This article does not prohibit the attorney
154	154	representing the state from seeking a lis pendens or restraining
155	155	order to prohibit the sale or destruction of the real property.
156	156	Art. 59A.012. RECEIPT. A law enforcement officer who
157	157	seizes property shall give an itemized receipt to the person
158	158	possessing the property, or in the absence of any person, leave a
159	159	receipt in the place where the property was found, if reasonably
160	160	possible.
161	161	Art. 59A.013. TITLE TO PROPERTY. (a) At the time of a
162	162	seizure or the issuance of a lis pendens or restraining order, the
163	163	state acquires provisional title to the seized property and may
164	164	hold and protect the property.
165	165	(b) Title to the property vests with the state on the date
166	166	the court orders the property to be forfeited and the vesting
167	167	relates back to the date the state acquired provisional title.
168	168	Title acquired under this subsection is subject to a claim by a
169	169	third party that is adjudicated as provided by this chapter.
170	170	Art. 59A.014. PRETRIAL HEARING REGARDING REPLEVIN. (a) In
171	171	this article, "claimant" means a person claiming an ownership
172	172	interest in property that has been seized under this chapter.
173	173	(b) Following a seizure of property subject to forfeiture, a
174	174	claimant has the right to a pretrial hearing to determine the
175	175	validity of the seizure.
176	176	(c) The claimant may claim, at any time on or before the 60th
177	177	day before the scheduled start of the trial of the related criminal
178	178	offense or as soon as otherwise practicable, the right to
179	179	possession of property by motion to the court to issue a writ of
180	180	replevin.
181	181	(d) The claimant must file a motion establishing the
182	182	validity of the alleged interest in the property.
183	183	(e) The court shall hear the motion not later than the 30th
184	184	day after the date the motion is filed.
185	185	(f) The state must file an answer showing probable cause for
186	186	the seizure or a cross motion not later than the 10th day before the
187	187	hearing on the claimant's motion.
188	188	(g) The court shall grant the claimant's motion if the court
189	189	finds that:
190	190	(1) the final judgment is likely to require the state
191	191	to return the property to the claimant;
192	192	(2) the property is not reasonably required to be held
193	193	for investigatory reasons; or
194	194	(3) the property is the only reasonable means for a
195	195	defendant to pay for legal representation in the forfeiture
196	196	proceeding or in the prosecution of the related criminal offense.
197	197	(h) At the court's discretion under Subsection (g)(3), the
198	198	court may order the return of funds or property sufficient for the
199	199	defendant to obtain legal counsel but less than the total amount
200	200	seized, and may require an accounting for the use of the returned
201	201	funds or property.
202	202	(i) Instead of ordering the issuance of the writ of
203	203	replevin, the court may order the state to give security or written
204	204	assurance for satisfaction of any judgment, including damages, that
205	205	may be rendered in the action or may order other appropriate relief.
206	206	Art. 59A.015. FORFEITURE PROCEEDING. A proceeding for the
207	207	forfeiture of property shall be held following the trial of the
208	208	related alleged offense. If the value of the property is less than
209	209	$10,000, the proceeding must be held before the judge only.
210	210	Art. 59A.016. PROPORTIONALITY HEARING. (a) At any time
211	211	following a determination of forfeiture by the trier of fact, the
212	212	defendant may petition the court to determine whether the
213	213	forfeiture is unconstitutionally excessive under the United States
214	214	Constitution or the Texas Constitution.
215	215	(b) The defendant has the burden of establishing by a
216	216	preponderance of the evidence that the forfeiture is grossly
217	217	disproportional to the seriousness of the offense. The hearing
218	218	must be held before the judge only.
219	219	(c) In determining whether the forfeiture of property is
220	220	unconstitutionally excessive, the court may consider all relevant
221	221	factors, including:
222	222	(1) the seriousness of the offense and its impact on
223	223	the community, including the duration of the activity and the harm
224	224	caused by the defendant;
225	225	(2) the extent to which the defendant participated in
226	226	the offense;
227	227	(3) the extent to which the property was used in
228	228	committing the offense;
229	229	(4) the sentence imposed for the offense; and
230	230	(5) whether the offense was completed or attempted.
231	231	(d) In determining the value of the property subject to
232	232	forfeiture, the court may consider all relevant factors, including:
233	233	(1) the fair market value of the property;
234	234	(2) the value of the property to the defendant,
235	235	including hardship to the defendant if the court orders the
236	236	property to be forfeited; and
237	237	(3) the hardship to a defendant's family member or
238	238	other person from the loss of a primary residence, motor vehicle, or
239	239	other property if the court orders the property to be forfeited.
240	240	(e) The court may not consider the value of the property to
241	241	the state in determining whether the forfeiture of property is
242	242	unconstitutionally excessive.
243	243	Art. 59A.017. SECURITY INTEREST. A bona fide security
244	244	interest is not subject to forfeiture unless the person claiming
245	245	the security interest had actual knowledge that the property was
246	246	subject to forfeiture at the time the security interest was
247	247	created. A person claiming a security interest must establish the
248	248	validity of the interest by a preponderance of the evidence.
249	249	Art. 59A.018. INNOCENT OWNER. (a) The property of an
250	250	innocent owner may not be forfeited.
251	251	(b) A person who has an ownership interest in property
252	252	subject to forfeiture that existed at the time of the conduct giving
253	253	rise to the forfeiture and who claims to be an innocent owner must
254	254	show that the person has a legal right, title, or interest in the
255	255	property seized under this chapter. If the person shows legal
256	256	right, title, or interest in the property, the state must prove by a
257	257	preponderance of the evidence that the person had actual or
258	258	constructive knowledge of the underlying offense giving rise to the
259	259	forfeiture. A person is presumed to have constructive knowledge of
260	260	the underlying offense if the person is a family or household member
261	261	of the defendant alleged to have committed or convicted of the
262	262	underlying offense and if the defendant, during the 10 years
263	263	preceding the underlying offense, was convicted three or more times
264	264	for the same or a similar offense.
265	265	(c) A person who, after the commission of an offense giving
266	266	rise to the forfeiture, acquired an ownership interest in property
267	267	subject to forfeiture and who claims to be an innocent owner must
268	268	show that the person has legal right, title, or interest in the
269	269	property seized under this chapter. If the person shows legal
270	270	right, title, or interest in the property, the state must prove by a
271	271	preponderance of the evidence that at the time the person acquired
272	272	the property, the person:
273	273	(1) had actual or constructive knowledge that the
274	274	property was subject to forfeiture; or
275	275	(2) did not purchase the property for valuable
276	276	consideration without notice of any defect in title.
277	277	(d) A person is presumed to have constructive knowledge that
278	278	the property was subject to forfeiture if:
279	279	(1) the person:
280	280	(A) acquired the property from the defendant
281	281	alleged to have committed or convicted of the underlying offense;
282	282	and
283	283	(B) is a family or household member of the
284	284	defendant; and
285	285	(2) the defendant, during the 10-year period preceding
286	286	the underlying offense, was convicted three or more times for the
287	287	same or a similar offense.
288	288	(e) If the state fails to meet its burden in Subsection (b)
289	289	or (c), the court shall find that the person is an innocent owner
290	290	and shall order the state to relinquish all claims of title to the
291	291	property.
292	292	Art. 59A.019. APPEAL. A party to forfeiture litigation may
293	293	appeal the court's decision regarding the seizure, forfeiture, and
294	294	distribution of property under this chapter.
295	295	Art. 59A.020. DISPOSITION OF PROPERTY AND PROCEEDS. (a) If
296	296	abandoned property held for evidentiary purposes is no longer
297	297	needed for that purpose, the court may order that the property be
298	298	delivered, not later than the 30th day after the date of the order,
299	299	to the county treasurer in the county in which the property was
300	300	abandoned.
301	301	(b) If contraband held for evidentiary purposes is no longer
302	302	needed for that purpose, the court may order that the contraband be
303	303	destroyed not later than the 30th day after the date of the order.
304	304	(c) If property is forfeited under this chapter, the court
305	305	may order that the property be delivered, not later than the 30th
306	306	day after the date of the order, to the county treasurer in the
307	307	county in which the property was seized.
308	308	(d) All abandoned property shall be delivered to the county
309	309	treasurer in the county in which the property was abandoned.
310	310	(e) A county treasurer who receives forfeited or abandoned
311	311	property under this article shall dispose of the property, other
312	312	than currency, at public auction. The auction proceeds and
313	313	forfeited currency first shall be used to pay all outstanding
314	314	recorded liens on the forfeited property, and then shall be used to
315	315	comply with any court order regarding the payment of expenses.
316	316	(f) On the court's own motion or on the motion of any party,
317	317	the court may order that a portion of the currency seized or of the
318	318	proceeds from the public auction of property be used to pay
319	319	reasonable expenses for the seizure, storage, and maintenance or
320	320	custody of any forfeited items, other than expenses for personnel.
321	321	(g) The county treasurer shall, after making payments
322	322	required by Subsections (e) and (f), deposit any remaining money
323	323	into the general fund of the county.
324	324	Art. 59A.021. PROHIBITION ON RETAINING PROPERTY; SALE
325	325	RESTRICTIONS. A law enforcement agency may not:
326	326	(1) retain forfeited or abandoned property for the
327	327	agency's use; or
328	328	(2) sell forfeited or abandoned property directly or
329	329	indirectly to:
330	330	(A) an employee of the agency;
331	331	(B) a person related to an employee by
332	332	consanguinity or affinity; or
333	333	(C) another law enforcement agency.
334	334	Art. 59A.022. REPORTING. (a) Not later than February 1 of
335	335	each year, each law enforcement agency shall report to the
336	336	department the following information regarding seizures by the
337	337	agency for which, during the preceding calendar year, a forfeiture
338	338	order was issued under this chapter or the property was otherwise
339	339	forfeited under applicable federal law:
340	340	(1) the total number of forfeitures of currency;
341	341	(2) the total number of forfeitures and the number of
342	342	items of property forfeited according to categories specified by
343	343	the department;
344	344	(3) the total market value of each category of
345	345	property forfeited;
346	346	(4) the total number of occurrences of each type of
347	347	offense underlying the forfeitures, including offenses involving
348	348	controlled substances and driving while intoxicated; and
349	349	(5) any other information required by the department.
350	350	(b) The department shall prescribe a standardized form and
351	351	provide for electronic submission of the report required under
352	352	Subsection (a).
353	353	(c) A law enforcement agency shall file with the department
354	354	separate reports for forfeitures completed under this chapter and
355	355	federal law. If a law enforcement agency did not engage in a
356	356	seizure that resulted in forfeiture during the reporting period,
357	357	the agency shall file a report indicating that fact.
358	358	(d) Not later than April 1 of each year, the department
359	359	shall:
360	360	(1) issue an aggregate report of all forfeitures in
361	361	the state; and
362	362	(2) make the reports submitted by law enforcement
363	363	agencies and the department's aggregate report available on the
364	364	department's Internet website.
365	365	Art. 59A.023. RETURN OF PROPERTY; DAMAGES; COSTS. (a) A
366	366	law enforcement agency that holds property under this chapter shall
367	367	return the property to the owner not later than the fifth day after
368	368	the date:
369	369	(1) the court finds that the owner had a bona fide
370	370	security interest;
371	371	(2) the court finds that the owner was an innocent
372	372	owner;
373	373	(3) the owner is acquitted of the offense that is the
374	374	basis of the forfeiture proceeding; or
375	375	(4) the criminal charge against the owner that is the
376	376	basis of the forfeiture proceeding is dismissed.
377	377	(b) The law enforcement agency that holds the property is
378	378	responsible for all damages, storage fees, and related costs
379	379	applicable to property returned under Subsection (a).
380	380	Art. 59A.024. EFFECT OF OVERTURNED CONVICTION; PAYMENT TO
381	381	DEFENDANT. (a) If a defendant's conviction for an offense
382	382	underlying a forfeiture under this chapter is reversed, set aside,
383	383	or vacated on appeal, the defendant is entitled to recover any money
384	384	deposited in the county's general fund under Article 59A.020(g) as
385	385	a result of the disposition of the defendant's forfeited property.
386	386	The county shall pay to the defendant the deposited amount on the
387	387	91st day after the applicable date as follows:
388	388	(1) the date the conviction is reversed, set aside, or
389	389	vacated, if the attorney representing the state does not file:
390	390	(A) an appeal of the ruling that reversed, set
391	391	aside, or vacated the conviction; or
392	392	(B) a written notice with the court of the
393	393	attorney's intention to proceed with a new trial;
394	394	(2) the date a ruling described by Subdivision (1)(A)
395	395	is affirmed on appeal; or
396	396	(3) the date the attorney representing the state files
397	397	the notice described by Subdivision (1)(B), if the new trial has not
398	398	commenced.
399	399	(b) For purposes of this chapter, the outcome of a new trial
400	400	shall be treated in the same manner as any other conviction.
401	401	Art. 59A.025. CIVIL FORFEITURE FOR CERTAIN PROPERTY. (a)
402	402	Notwithstanding any other provision of this chapter, property is
403	403	subject to forfeiture under this article, regardless of whether a
404	404	person has been convicted of an offense subject to forfeiture in
405	405	connection with the property, if:
406	406	(1) the property was:
407	407	(A) seized with probable cause that it was
408	408	involved in the commission of a felony; or
409	409	(B) obtained, directly or indirectly, through
410	410	the commission of a felony; and
411	411	(2) the property owner:
412	412	(A) has not claimed the property or asserted any
413	413	interest in the property; or
414	414	(B) is unavailable.
415	415	(b) For purposes of Subsection (a)(2)(B), a property owner
416	416	is unavailable if the owner is deceased or, after the owner is
417	417	indicted for the felony offense or after a warrant has been issued
418	418	for the arrest of the owner in connection with the offense, the
419	419	owner is:
420	420	(1) outside the state and unable to be extradited to
421	421	this state for prosecution; or
422	422	(2) unable to be located after reasonable efforts by
423	423	law enforcement authorities.
424	424	(c) The attorney representing the state may bring a
425	425	forfeiture proceeding under this article by filing a complaint in a
426	426	district court in the county in which the property was seized. The
427	427	complaint must state facts that show the property is subject to
428	428	forfeiture under Subsection (a).
429	429	(d) A forfeiture proceeding under this article shall
430	430	proceed to trial in the same manner as in other civil cases. The
431	431	state has the burden of proving by a preponderance of the evidence
432	432	that property is subject to forfeiture under Subsection (a).
433	433	Art. 59A.026. TRANSFER OF FORFEITABLE PROPERTY TO FEDERAL
434	434	GOVERNMENT. A law enforcement agency or attorney representing the
435	435	state may not directly or indirectly transfer seized property to
436	436	any federal law enforcement authority or other federal agency
437	437	unless:
438	438	(1) the value of the seized property exceeds $50,000;
439	439	and
440	440	(2) the attorney representing the state determines
441	441	that:
442	442	(A) the activity giving rise to the investigation
443	443	or seizure is interstate in nature and sufficiently complex to
444	444	justify the transfer; or
445	445	(B) the seized property may only be forfeited
446	446	under federal law.
447	447	SECTION 2. Section 72.051(a), Business & Commerce Code, is
448	448	amended to read as follows:
449	449	(a) In this section, "law enforcement agency" means an
450	450	agency of the state or an agency of a political subdivision of the
451	451	state authorized by law to employ peace officers [has the meaning
452	452	assigned by Article 59.01, Code of Criminal Procedure].
453	453	SECTION 3. Section 140A.111, Civil Practice and Remedies
454	454	Code, is amended to read as follows:
455	455	Sec. 140A.111. PREVIOUSLY SEIZED ASSETS. Notwithstanding
456	456	another provision of this chapter, no remedies provided by this
457	457	chapter may be assessed against proceeds[, contraband,] or [other]
458	458	property over which a law enforcement agency has previously
459	459	asserted jurisdiction under Chapter 59A [59], Code of Criminal
460	460	Procedure, at the time a suit under this chapter was filed.
461	461	SECTION 4. Article 18.01(g), Code of Criminal Procedure, is
462	462	amended to read as follows:
463	463	(g) A search warrant may not be issued under Article
464	464	18.02(a)(12) unless the sworn affidavit required by Subsection (b)
465	465	of this article sets forth sufficient facts to establish probable
466	466	cause that a specific felony offense has been committed and that the
467	467	specifically described property or items that are to be searched
468	468	for or seized are subject to forfeiture under Chapter 59A
469	469	[constitute contraband as defined in Article 59.01 of this code]
470	470	and are located at or on the particular person, place, or thing to
471	471	be searched.
472	472	SECTION 5. Article 18.02(a), Code of Criminal Procedure, is
473	473	amended to read as follows:
474	474	(a) A search warrant may be issued to search for and seize:
475	475	(1) property acquired by theft or in any other manner
476	476	which makes its acquisition a penal offense;
477	477	(2) property specially designed, made, or adapted for
478	478	or commonly used in the commission of an offense;
479	479	(3) arms and munitions kept or prepared for the
480	480	purposes of insurrection or riot;
481	481	(4) weapons prohibited by the Penal Code;
482	482	(5) gambling devices or equipment, altered gambling
483	483	equipment, or gambling paraphernalia;
484	484	(6) obscene materials kept or prepared for commercial
485	485	distribution or exhibition, subject to the additional rules set
486	486	forth by law;
487	487	(7) a drug, controlled substance, immediate
488	488	precursor, chemical precursor, or other controlled substance
489	489	property, including an apparatus or paraphernalia kept, prepared,
490	490	or manufactured in violation of the laws of this state;
491	491	(8) any property the possession of which is prohibited
492	492	by law;
493	493	(9) implements or instruments used in the commission
494	494	of a crime;
495	495	(10) property or items, except the personal writings
496	496	by the accused, constituting evidence of an offense or constituting
497	497	evidence tending to show that a particular person committed an
498	498	offense;
499	499	(11) persons;
500	500	(12) property [contraband] subject to forfeiture
501	501	under Chapter 59A [59 of this code];
502	502	(13) electronic customer data held in electronic
503	503	storage, including the contents of and records and other
504	504	information related to a wire communication or electronic
505	505	communication held in electronic storage; or
506	506	(14) a cellular telephone or other wireless
507	507	communications device, subject to Article 18.0215.
508	508	SECTION 6. Articles 18.19(c), (d-1), and (e), Code of
509	509	Criminal Procedure, are amended to read as follows:
510	510	(c) If there is no prosecution or conviction for an offense
511	511	involving the weapon seized, the magistrate to whom the seizure was
512	512	reported shall, before the 61st day after the date the magistrate
513	513	determines that there will be no prosecution or conviction, notify
514	514	in writing the person found in possession of the weapon that the
515	515	person is entitled to the weapon upon written request to the
516	516	magistrate. The magistrate shall order the weapon returned to the
517	517	person found in possession before the 61st day after the date the
518	518	magistrate receives a request from the person. If the weapon is not
519	519	requested before the 61st day after the date of notification, the
520	520	magistrate shall, before the 121st day after the date of
521	521	notification, order the weapon destroyed, sold at public sale by
522	522	the law enforcement agency holding the weapon or by an auctioneer
523	523	licensed under Chapter 1802, Occupations Code, or forfeited to the
524	524	state for use by the law enforcement agency holding the weapon or by
525	525	a county forensic laboratory designated by the magistrate. If the
526	526	magistrate does not order the return, destruction, sale, or
527	527	forfeiture of the weapon within the applicable period prescribed by
528	528	this subsection, the law enforcement agency holding the weapon may
529	529	request an order of destruction, sale, or forfeiture of the weapon
530	530	from the magistrate. Only a firearms dealer licensed under 18
531	531	U.S.C. Section 923 may purchase a weapon at public sale under this
532	532	subsection. Proceeds from the sale of a seized weapon under this
533	533	subsection shall be transferred, after the deduction of court costs
534	534	and [to which a district court clerk is entitled under Article
535	535	59.05(f), followed by the deduction of] auction costs, to the law
536	536	enforcement agency holding the weapon.
537	537	(d-1) Only a firearms dealer licensed under 18 U.S.C.
538	538	Section 923 may purchase a weapon at public sale under Subsection
539	539	(d). Proceeds from the sale of a seized weapon under Subsection (d)
540	540	shall be transferred, after the deduction of court costs and [to
541	541	which a district court clerk is entitled under Article 59.05(f),
542	542	followed by the deduction of] auction costs, to the law enforcement
543	543	agency holding the weapon.
544	544	(e) If the person found in possession of a weapon is
545	545	convicted of an offense involving the use of the weapon, before the
546	546	61st day after the date of conviction the court entering judgment of
547	547	conviction shall order destruction of the weapon, sale at public
548	548	sale by the law enforcement agency holding the weapon or by an
549	549	auctioneer licensed under Chapter 1802, Occupations Code, or
550	550	forfeiture to the state for use by the law enforcement agency
551	551	holding the weapon or by a county forensic laboratory designated by
552	552	the court. If the court entering judgment of conviction does not
553	553	order the destruction, sale, or forfeiture of the weapon within the
554	554	period prescribed by this subsection, the law enforcement agency
555	555	holding the weapon may request an order of destruction, sale, or
556	556	forfeiture of the weapon from a magistrate. Only a firearms dealer
557	557	licensed under 18 U.S.C. Section 923 may purchase a weapon at public
558	558	sale under this subsection. Proceeds from the sale of a seized
559	559	weapon under this subsection shall be transferred, after the
560	560	deduction of court costs and [to which a district court clerk is
561	561	entitled under Article 59.05(f), followed by the deduction of]
562	562	auction costs, to the law enforcement agency holding the weapon.
563	563	SECTION 7. Article 47.01a(b), Code of Criminal Procedure,
564	564	is amended to read as follows:
565	565	(b) If it is shown in a hearing that probable cause exists to
566	566	believe that the property was acquired by theft or by another manner
567	567	that makes its acquisition an offense and that the identity of the
568	568	actual owner of the property cannot be determined, the court shall
569	569	order the peace officer to:
570	570	(1) deliver the property to a government agency for
571	571	official purposes;
572	572	(2) deliver the property for disposition under Article
573	573	59A.020 to the county treasurer of the county in which the property
574	574	was seized [to a person authorized by Article 18.17 of this code to
575	575	receive and dispose of the property]; or
576	576	(3) destroy the property.
577	577	SECTION 8. Article 47.06, Code of Criminal Procedure, is
578	578	amended to read as follows:
579	579	Art. 47.06. DISPOSITION OF PROPERTY [SOLD]. If the
580	580	property is not claimed before the end of the 30-day period
581	581	following [within 30 days from] the conviction of the person
582	582	accused of illegally acquiring the property [it], the property
583	583	shall be delivered for disposition under Article 59A.020 to the
584	584	county treasurer of the county in which the property was seized
585	585	[same procedure for its disposition as set out in Article 18.17 of
586	586	this Code shall be followed].
587	587	SECTION 9. Article 47.07, Code of Criminal Procedure, is
588	588	amended to read as follows:
589	589	Art. 47.07. OWNER MAY RECOVER. The real owner of the
590	590	property disposed of [sold] under the provisions of Article 47.06
591	591	may file a claim with the commissioners court of the county to
592	592	recover any money attributable to the property and deposited in the
593	593	county's general fund under Article 59A.020(g) [such property under
594	594	the same terms as prescribed in Subsection (e) of Article 18.17 of
595	595	this Code]. A claim by the real owner must be filed not later than
596	596	the 30th day after the date of disposition. If the claim is allowed
597	597	by the commissioners court, the county treasurer shall pay the
598	598	owner the amount deposited. If the claim is denied by the
599	599	commissioners court or if the court fails to act on the claim before
600	600	the 91st day after the date the claim was filed, the claimant may
601	601	sue the county treasurer in a court of competent jurisdiction in the
602	602	county, and on sufficient proof of ownership, recover judgment
603	603	against the county for the amount deposited.
604	604	SECTION 10. Section 51.406(c), Education Code, is amended
605	605	to read as follows:
606	606	(c) A rule or policy of a state agency, including the Texas
607	607	Higher Education Coordinating Board, in effect on June 1, 2011,
608	608	that requires reporting by a university system or an institution of
609	609	higher education has no effect on or after September 1, 2013, unless
610	610	the rule or policy is affirmatively and formally readopted before
611	611	that date by formal administrative rule published in the Texas
612	612	Register and adopted in compliance with Chapter 2001, Government
613	613	Code. This subsection does not apply to:
614	614	(1) a rule or policy for which the authorizing statute
615	615	is listed in Subsection (b);
616	616	(2) a rule or policy for which the authorizing statute
617	617	is repealed on or before September 1, 2013, by legislation enacted
618	618	by the legislature that becomes law; or
619	619	(3) a report required under any of the following
620	620	provisions:
621	621	(A) [Article 59.06(g)(1), Code of Criminal
622	622	Procedure;
623	623	[(B)] Section 51.005;
624	624	(B) [(C)] Section 51.0051;
625	625	(C) [(D)] Subchapter F-1 of this chapter;
626	626	(D) [(E)] Section 51.402;
627	627	(E) [(F)] Section 56.039;
628	628	(F) [(G)] Section 61.059;
629	629	(G) [(H)] Section 62.095(b);
630	630	(H) [(I)] Section 62.098;
631	631	(I) [(J)] Section 411.187(b), Government Code;
632	632	(J) [(K)] Subchapter C, Chapter 606, Government
633	633	Code;
634	634	(K) [(L)] Subchapter E, Chapter 815, Government
635	635	Code; or
636	636	(L) [(M)] Chapter 1551, Insurance Code.
637	637	SECTION 11. Section 96.641(j), Education Code, is amended
638	638	to read as follows:
639	639	(j) As part of the initial training and continuing education
640	640	for police chiefs required under this section, the institute shall
641	641	establish a program on asset forfeiture under Chapter 59A [59],
642	642	Code of Criminal Procedure. The program must include an
643	643	examination of the best practices for educating peace officers
644	644	about asset forfeiture and monitoring peace officers' compliance
645	645	with laws relating to asset forfeiture.
646	646	SECTION 12. Section 157.317(a), Family Code, is amended to
647	647	read as follows:
648	648	(a) A child support lien attaches to all real and personal
649	649	property not exempt under the Texas Constitution or other law,
650	650	including:
651	651	(1) an account in a financial institution;
652	652	(2) a retirement plan, including an individual
653	653	retirement account;
654	654	(3) the proceeds of an insurance policy, including the
655	655	proceeds from a life insurance policy or annuity contract and the
656	656	proceeds from the sale or assignment of life insurance or annuity
657	657	benefits, a claim for compensation, or a settlement or award for the
658	658	claim for compensation, due to or owned by the obligor;
659	659	(4) property seized and subject to forfeiture under
660	660	Chapter 59A [59], Code of Criminal Procedure; and
661	661	(5) the proceeds derived from the sale of oil or gas
662	662	production from an oil or gas well located in this state.
663	663	SECTION 13. Section 392.303, Finance Code, is amended by
664	664	amending Subsection (a) and adding Subsection (d) to read as
665	665	follows:
666	666	(a) In debt collection, a debt collector may not use unfair
667	667	or unconscionable means that employ the following practices:
668	668	(1) seeking or obtaining a written statement or
669	669	acknowledgment in any form that specifies that a consumer's
670	670	obligation is one incurred for necessaries of life if the
671	671	obligation was not incurred for those necessaries;
672	672	(2) collecting or attempting to collect interest or a
673	673	charge, fee, or expense incidental to the obligation unless the
674	674	interest or incidental charge, fee, or expense is expressly
675	675	authorized by the agreement creating the obligation or legally
676	676	chargeable to the consumer; or
677	677	(3) collecting or attempting to collect an obligation
678	678	under a check, draft, debit payment, or credit card payment, if:
679	679	(A) the check or draft was dishonored or the
680	680	debit payment or credit card payment was refused because the check
681	681	or draft was not drawn or the payment was not made by a person
682	682	authorized to use the applicable account;
683	683	(B) the debt collector has received written
684	684	notice from a person authorized to use the account that the check,
685	685	draft, or payment was unauthorized; and
686	686	(C) the person authorized to use the account has
687	687	filed a report concerning the unauthorized check, draft, or payment
688	688	with a law enforcement agency [, as defined by Article 59.01, Code
689	689	of Criminal Procedure,] and has provided the debt collector with a
690	690	copy of the report.
691	691	(d) In this section, "law enforcement agency" means an
692	692	agency of the state or an agency of a political subdivision of the
693	693	state authorized by law to employ peace officers.
694	694	SECTION 14. Section 45.193(d), Government Code, is amended
695	695	to read as follows:
696	696	(d) The county attorney has no power, duty, or privilege in
697	697	Grimes County relating to criminal matters, including asset
698	698	forfeitures under Chapter 59A [59], Code of Criminal Procedure,
699	699	appearance bond forfeitures under Chapter 17, Code of Criminal
700	700	Procedure, and habeas corpus related to criminal matters.
701	701	SECTION 15. Section 54.2205(a), Government Code, is amended
702	702	to read as follows:
703	703	(a) The judge of a district court or county court at law or a
704	704	justice of the peace may refer to a magistrate any case or matter
705	705	relating to a case for proceedings involving:
706	706	(1) a negotiated plea of guilty or no contest and
707	707	sentencing before the court;
708	708	(2) a bond forfeiture, remittitur, and related
709	709	proceedings;
710	710	(3) a pretrial motion;
711	711	(4) a writ of habeas corpus;
712	712	(5) an examining trial;
713	713	(6) an occupational driver's license;
714	714	(7) a petition for an order of expunction under
715	715	Chapter 55, Code of Criminal Procedure;
716	716	(8) a [an asset] forfeiture proceeding [hearing] as
717	717	provided by Chapter 59A [59], Code of Criminal Procedure;
718	718	(9) a petition for an order of nondisclosure of
719	719	criminal history record information or an order of nondisclosure of
720	720	criminal history record information that does not require a
721	721	petition provided by Subchapter E-1, Chapter 411;
722	722	(10) a motion to modify or revoke community
723	723	supervision or to proceed with an adjudication of guilt;
724	724	(11) setting conditions, modifying, revoking, and
725	725	surrendering of bonds, including surety bonds;
726	726	(12) specialty court proceedings;
727	727	(13) a waiver of extradition;
728	728	(14) selection of a jury; and
729	729	(15) any other matter the judge or justice of the peace
730	730	considers necessary and proper.
731	731	SECTION 16. Section 54.2405(a), Government Code, is amended
732	732	to read as follows:
733	733	(a) The judge of a district court or county court at law or a
734	734	justice of the peace may refer to a magistrate any case or matter
735	735	relating to a case for proceedings involving:
736	736	(1) a negotiated plea of guilty or no contest and
737	737	sentencing before the court;
738	738	(2) a bond forfeiture, remittitur, and related
739	739	proceedings;
740	740	(3) a pretrial motion;
741	741	(4) a writ of habeas corpus;
742	742	(5) an examining trial;
743	743	(6) an occupational driver's license;
744	744	(7) a petition for an order of expunction under
745	745	Chapter 55, Code of Criminal Procedure;
746	746	(8) a [an asset] forfeiture proceeding [hearing] as
747	747	provided by Chapter 59A [59], Code of Criminal Procedure;
748	748	(9) a petition for an order of nondisclosure of
749	749	criminal history record information or an order of nondisclosure of
750	750	criminal history record information that does not require a
751	751	petition provided by Subchapter E-1, Chapter 411;
752	752	(10) a motion to modify or revoke community
753	753	supervision or to proceed with an adjudication of guilt;
754	754	(11) setting conditions, modifying, revoking, and
755	755	surrendering of bonds, including surety bonds;
756	756	(12) specialty court proceedings;
757	757	(13) a waiver of extradition;
758	758	(14) selection of a jury; and
759	759	(15) any other matter the judge or justice of the peace
760	760	considers necessary and proper.
761	761	SECTION 17. Section 54.656(a), Government Code, is amended
762	762	to read as follows:
763	763	(a) A judge may refer to a magistrate any criminal case or
764	764	matter relating to a criminal case for proceedings involving:
765	765	(1) a negotiated plea of guilty or no contest and
766	766	sentencing before the court;
767	767	(2) a bond forfeiture, remittitur, and related
768	768	proceedings;
769	769	(3) a pretrial motion;
770	770	(4) a writ of habeas corpus;
771	771	(5) an examining trial;
772	772	(6) an occupational driver's license;
773	773	(7) a petition for an order of expunction under
774	774	Chapter 55, Code of Criminal Procedure;
775	775	(8) a [an asset] forfeiture proceeding [hearing] as
776	776	provided by Chapter 59A [59], Code of Criminal Procedure;
777	777	(9) a petition for an order of nondisclosure of
778	778	criminal history record information or an order of nondisclosure of
779	779	criminal history record information that does not require a
780	780	petition provided by Subchapter E-1, Chapter 411;
781	781	(10) a motion to modify or revoke community
782	782	supervision or to proceed with an adjudication of guilt;
783	783	(11) setting conditions, modifying, revoking, and
784	784	surrendering of bonds, including surety bonds;
785	785	(12) specialty court proceedings;
786	786	(13) a waiver of extradition; and
787	787	(14) any other matter the judge considers necessary
788	788	and proper.
789	789	SECTION 18. Section 2007.003(b), Government Code, is
790	790	amended to read as follows:
791	791	(b) This chapter does not apply to the following
792	792	governmental actions:
793	793	(1) an action by a municipality except as provided by
794	794	Subsection (a)(3);
795	795	(2) a lawful forfeiture or seizure of property under
796	796	Chapter 59A [contraband as defined by Article 59.01], Code of
797	797	Criminal Procedure;
798	798	(3) a lawful seizure of property as evidence of a crime
799	799	or violation of law;
800	800	(4) an action, including an action of a political
801	801	subdivision, that is reasonably taken to fulfill an obligation
802	802	mandated by federal law or an action of a political subdivision that
803	803	is reasonably taken to fulfill an obligation mandated by state law;
804	804	(5) the discontinuance or modification of a program or
805	805	regulation that provides a unilateral expectation that does not
806	806	rise to the level of a recognized interest in private real property;
807	807	(6) an action taken to prohibit or restrict a
808	808	condition or use of private real property if the governmental
809	809	entity proves that the condition or use constitutes a public or
810	810	private nuisance as defined by background principles of nuisance
811	811	and property law of this state;
812	812	(7) an action taken out of a reasonable good faith
813	813	belief that the action is necessary to prevent a grave and immediate
814	814	threat to life or property;
815	815	(8) a formal exercise of the power of eminent domain;
816	816	(9) an action taken under a state mandate to prevent
817	817	waste of oil and gas, protect correlative rights of owners of
818	818	interests in oil or gas, or prevent pollution related to oil and gas
819	819	activities;
820	820	(10) a rule or proclamation adopted for the purpose of
821	821	regulating water safety, hunting, fishing, or control of
822	822	nonindigenous or exotic aquatic resources;
823	823	(11) an action taken by a political subdivision:
824	824	(A) to regulate construction in an area
825	825	designated under law as a floodplain;
826	826	(B) to regulate on-site sewage facilities;
827	827	(C) under the political subdivision's
828	828	[subdivisions's] statutory authority to prevent waste or protect
829	829	rights of owners of interest in groundwater; or
830	830	(D) to prevent subsidence;
831	831	(12) the appraisal of property for purposes of ad
832	832	valorem taxation;
833	833	(13) an action that:
834	834	(A) is taken in response to a real and
835	835	substantial threat to public health and safety;
836	836	(B) is designed to significantly advance the
837	837	health and safety purpose; and
838	838	(C) does not impose a greater burden than is
839	839	necessary to achieve the health and safety purpose; or
840	840	(14) an action or rulemaking undertaken by the Public
841	841	Utility Commission of Texas to order or require the location or
842	842	placement of telecommunications equipment owned by another party on
843	843	the premises of a certificated local exchange company.
844	844	SECTION 19. Section 481.159(a), Health and Safety Code, is
845	845	amended to read as follows:
846	846	(a) If a district court orders the forfeiture of a
847	847	controlled substance property or plant under the [Chapter 59,] Code
848	848	of Criminal Procedure[,] or under this code, the court shall also
849	849	order a law enforcement agency to:
850	850	(1) retain the property or plant for its official
851	851	purposes, including use in the investigation of offenses under this
852	852	code;
853	853	(2) deliver the property or plant to a government
854	854	agency for official purposes;
855	855	(3) deliver the property or plant to a person
856	856	authorized by the court to receive it;
857	857	(4) deliver the property or plant to a person
858	858	authorized by the director to receive it; or
859	859	(5) destroy the property or plant that is not
860	860	otherwise disposed of in the manner prescribed by this subchapter.
861	861	SECTION 20. Section 481.160(a), Health and Safety Code, is
862	862	amended to read as follows:
863	863	(a) If a controlled substance property or plant is forfeited
864	864	under this code or under the [Chapter 59,] Code of Criminal
865	865	Procedure, the law enforcement agency that seized the property or
866	866	plant or to which the property or plant is forfeited may summarily
867	867	destroy the property or plant without a court order before the
868	868	disposition of a case arising out of the forfeiture if the agency
869	869	ensures that:
870	870	(1) at least five random and representative samples
871	871	are taken from the total amount of the property or plant and a
872	872	sufficient quantity is preserved to provide for discovery by
873	873	parties entitled to discovery;
874	874	(2) photographs are taken that reasonably depict the
875	875	total amount of the property or plant; and
876	876	(3) the gross weight or liquid measure of the property
877	877	or plant is determined, either by actually weighing or measuring
878	878	the property or plant or by estimating its weight or measurement
879	879	after making dimensional measurements of the total amount seized.
880	880	SECTION 21. Section 573.0001(2), Health and Safety Code, is
881	881	amended to read as follows:
882	882	(2) "Law enforcement agency" means an agency of the
883	883	state or an agency of a political subdivision of the state
884	884	authorized by law to employ peace officers [has the meaning
885	885	assigned by Article 59.01, Code of Criminal Procedure].
886	886	SECTION 22. Section 113.008(g), Local Government Code, is
887	887	amended to read as follows:
888	888	(g) Subsections (b-1) and (f)(2) do not apply to a special
889	889	fund administered by an attorney representing the state under
890	890	Chapter 18 or [,] 47, [or 59,] Code of Criminal Procedure.
891	891	SECTION 23. Section 1701.253(g), Occupations Code, is
892	892	amended to read as follows:
893	893	(g) As part of the minimum curriculum requirements, the
894	894	commission shall establish a statewide comprehensive education and
895	895	training program on criminal asset forfeiture under Chapter 59A
896	896	[59], Code of Criminal Procedure, for officers licensed under this
897	897	chapter. An officer shall complete a program established under
898	898	this subsection not later than the second anniversary of the date
899	899	the officer is licensed under this chapter or the date the officer
900	900	applies for an intermediate proficiency certificate, whichever
901	901	date is earlier.
902	902	SECTION 24. Section 37.08(b), Penal Code, is amended to
903	903	read as follows:
904	904	(b) In this section, "law enforcement agency" means an
905	905	agency of the state or an agency of a political subdivision of the
906	906	state authorized by law to employ peace officers [has the meaning
907	907	assigned by Article 59.01, Code of Criminal Procedure].
908	908	SECTION 25. Section 38.152(c)(3), Penal Code, is amended to
909	909	read as follows:
910	910	(3) "Law enforcement agency" means an agency of the
911	911	state or an agency of a political subdivision of the state
912	912	authorized by law to employ peace officers [has the meaning
913	913	assigned by Article 59.01, Code of Criminal Procedure].
914	914	SECTION 26. The following provisions are repealed:
915	915	(1) Section 140A.102(h), Civil Practice and Remedies
916	916	Code;
917	917	(2) Article 18.17, Code of Criminal Procedure;
918	918	(3) Chapter 59, Code of Criminal Procedure;
919	919	(4) Sections 24.377(c), 54.2205(b), 54.2405(b), and
920	920	54.656(b), Government Code;
921	921	(5) Section 365.012(i), Health and Safety Code; and
922	922	(6) Sections 12.101(1) and (2), 12.1106, 61.0221, and
923	923	62.017, Parks and Wildlife Code.
924	924	SECTION 27. (a) Except as provided by Subsection (b) of
925	925	this section, on the effective date of this Act, any property in the
926	926	possession of a law enforcement agency, game warden, or attorney
927	927	representing the state, that was seized under Chapter 59, Code of
928	928	Criminal Procedure, or Section 12.1106, 61.0221, or 62.017, Parks
929	929	and Wildlife Code, and that has not been ordered forfeited to the
930	930	state by a court, must be returned to the person from whom the
931	931	property was seized.
932	932	(b) Property that is evidence in the investigation or
933	933	prosecution of a criminal offense is not required to be returned
934	934	under Subsection (a) of this section until the disposition of all
935	935	charges relating to the offense.
936	936	SECTION 28. The repeal by this Act of Article 18.17, Code of
937	937	Criminal Procedure, does not apply to abandoned or unclaimed
938	938	property seized before the effective date of this Act, and the
939	939	former Article 18.17 is continued in effect for the purposes of the
940	940	disposition of property described by this section.
941	941	SECTION 29. This Act takes effect September 1, 2021.