| 1 | 1 | | 88R21463 AJZ-D |
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| 2 | 2 | | By: Noble, Leach, et al. H.B. No. 1874 |
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| 3 | 3 | | Substitute the following for H.B. No. 1874: |
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| 4 | 4 | | By: Moody C.S.H.B. No. 1874 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the award of attorney's fees in a civil asset forfeiture |
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| 10 | 10 | | proceeding. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 59.05, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Subsection (h) to read as follows: |
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| 14 | 14 | | (h) Notwithstanding any other law, after the commencement |
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| 15 | 15 | | of discovery in a forfeiture proceeding under this chapter, and on |
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| 16 | 16 | | the court's determination that the property or an interest in the |
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| 17 | 17 | | property is not subject to forfeiture under this chapter, the court |
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| 18 | 18 | | shall enter an order requiring the law enforcement agency |
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| 19 | 19 | | responsible for seizing the property to reimburse the applicable |
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| 20 | 20 | | owner or interest holder for reasonable attorney's fees calculated |
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| 21 | 21 | | in accordance with the attorney's fees schedule promulgated under |
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| 22 | 22 | | Section 72.039, Government Code. If possible, notwithstanding the |
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| 23 | 23 | | purposes for which the money must be used under the law, the law |
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| 24 | 24 | | enforcement agency shall make the payment out of money available in |
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| 25 | 25 | | the applicable fund established for the law enforcement agency |
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| 26 | 26 | | under Article 59.06(c)(2), (3), or (4). |
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| 27 | 27 | | SECTION 2. Subchapter C, Chapter 72, Government Code, is |
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| 28 | 28 | | amended by adding Section 72.039 to read as follows: |
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| 29 | 29 | | Sec. 72.039. ATTORNEY'S FEES SCHEDULE. The Office of Court |
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| 30 | 30 | | Administration of the Texas Judicial System shall promulgate a |
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| 31 | 31 | | schedule of attorney's fees that may be used to determine a |
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| 32 | 32 | | reasonable amount of attorney's fees to award under Article |
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| 33 | 33 | | 59.05(h), Code of Criminal Procedure. |
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| 34 | 34 | | SECTION 3. The change in law made by this Act applies only |
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| 35 | 35 | | to property subject to forfeiture on the basis of an offense |
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| 36 | 36 | | committed on or after the effective date of this Act. Property |
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| 37 | 37 | | subject to forfeiture on the basis of an offense committed before |
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| 38 | 38 | | the effective date of this Act is governed by the law in effect on |
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| 39 | 39 | | the date the offense was committed, and the former law is continued |
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| 40 | 40 | | in effect for that purpose. For purposes of this section, an |
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| 41 | 41 | | offense was committed before the effective date of this Act if any |
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| 42 | 42 | | element of the offense occurred before that date. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2023. |
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