88R21463 AJZ-D
By: Noble, Leach, et al. H.B. No. 1874
Substitute the following for H.B. No. 1874:
By: Moody C.S.H.B. No. 1874
A BILL TO BE ENTITLED
AN ACT
relating to the award of attorney's fees in a civil asset forfeiture
proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.05, Code of Criminal Procedure, is
amended by adding Subsection (h) to read as follows:
(h) Notwithstanding any other law, after the commencement
of discovery in a forfeiture proceeding under this chapter, and on
the court's determination that the property or an interest in the
property is not subject to forfeiture under this chapter, the court
shall enter an order requiring the law enforcement agency
responsible for seizing the property to reimburse the applicable
owner or interest holder for reasonable attorney's fees calculated
in accordance with the attorney's fees schedule promulgated under
Section 72.039, Government Code. If possible, notwithstanding the
purposes for which the money must be used under the law, the law
enforcement agency shall make the payment out of money available in
the applicable fund established for the law enforcement agency
under Article 59.06(c)(2), (3), or (4).
SECTION 2. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.039 to read as follows:
Sec. 72.039. ATTORNEY'S FEES SCHEDULE. The Office of Court
Administration of the Texas Judicial System shall promulgate a
schedule of attorney's fees that may be used to determine a
reasonable amount of attorney's fees to award under Article
59.05(h), Code of Criminal Procedure.
SECTION 3. The change in law made by this Act applies only
to property subject to forfeiture on the basis of an offense
committed on or after the effective date of this Act. Property
subject to forfeiture on the basis of 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 4. This Act takes effect September 1, 2023.