Texas 2023 - 88th Regular

Texas House Bill HB3758 Compare Versions

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1	1	88R4511 MCF-F
2	2	By: Thompson of Harris, Harrison H.B. No. 3758
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 Class A misdemeanor or any felony under
45	45	Section 545.420, Transportation Code, other than a Class A
46	46	misdemeanor that is classified as a Class A misdemeanor based
47	47	solely on conduct constituting a violation of Subsection (e)(2)(B)
48	48	of that section;
49	49	(D) a felony under:
50	50	(i) Chapter 151, Finance Code;
51	51	(ii) Chapter 481 or 483, Health and Safety
52	52	Code;
53	53	(iii) Chapter 32, Human Resources Code, or
54	54	Chapter 35A or 37, Penal Code, that involves a health care program,
55	55	as defined by Section 35A.01, Penal Code;
56	56	(iv) Section 15.031, 21.11, or 38.04, Penal
57	57	Code;
58	58	(v) Chapter 20A, 29, 30, 31, 32, 33, 33A,
59	59	34, 35, or 43, Penal Code; or
60	60	(vi) The Securities Act (Title 12,
61	61	Government Code);
62	62	(E) a Class A misdemeanor under:
63	63	(i) Section 306.051, Business & Commerce
64	64	Code; or
65	65	(ii) Subchapter B, Chapter 365, Health and
66	66	Safety Code, if the defendant has been previously convicted two
67	67	times of an offense under that subchapter;
68	68	(F) a Class B misdemeanor under Chapter 522,
69	69	Business & Commerce Code;
70	70	(G) an offense under:
71	71	(i) Section 326.002, Business & Commerce
72	72	Code;
73	73	(ii) Section 20.05, 20.06, 20.07, 42.10,
74	74	46.06(a)(1), or 46.14, Penal Code;
75	75	(iii) Chapter 71, Penal Code; or
76	76	(iv) Section 550.021, Transportation Code;
77	77	or
78	78	(H) any other offense that results in a personal
79	79	injury to a victim and that is provided under:
80	80	(i) the Penal Code; or
81	81	(ii) a federal criminal law.
82	82	Art. 59A.002. PURPOSE. The purpose of this chapter is to:
83	83	(1) deter criminal activity by reducing the economic
84	84	incentives;
85	85	(2) increase the pecuniary loss that results from
86	86	engaging in criminal activity; and
87	87	(3) protect against the wrongful forfeiture of
88	88	property.
89	89	Art. 59A.003. CRIMINAL ASSET FORFEITURE; PROPERTY SUBJECT
90	90	TO FORFEITURE. (a) The convicting court may order a person
91	91	convicted of an offense subject to forfeiture to forfeit any:
92	92	(1) property the person derived from the commission of
93	93	the offense;
94	94	(2) property directly traceable to property derived
95	95	from the commission of the offense; or
96	96	(3) instrumentality the person used in the commission
97	97	of the offense.
98	98	(b) For purposes of this chapter, a person is considered
99	99	convicted if:
100	100	(1) a sentence is imposed on the person; or
101	101	(2) the person receives community supervision,
102	102	including deferred adjudication community supervision.
103	103	Art. 59A.004. EXEMPT PROPERTY. The following are exempt
104	104	from forfeiture:
105	105	(1) property that is homestead property;
106	106	(2) a motor vehicle valued at less than $10,000; and
107	107	(3) United States currency totaling $200 or less.
108	108	Art. 59A.005. CONTRABAND. A person may not have a property
109	109	interest in contraband. Contraband is subject to seizure and shall
110	110	be disposed of in accordance with state law. Contraband is not
111	111	subject to forfeiture under this chapter.
112	112	Art. 59A.006. CONVICTION REQUIRED; STANDARD OF PROOF. (a)
113	113	Property may be forfeited under this chapter only if:
114	114	(1) a person is convicted of an offense subject to
115	115	forfeiture; and
116	116	(2) the state establishes by clear and convincing
117	117	evidence that the applicable requirements of Articles
118	118	59A.003-59A.005 are met.
119	119	(b) This chapter does not prevent property from being
120	120	forfeited by plea agreement approved by the convicting court.
121	121	Art. 59A.007. SUBSTITUTION OF ASSETS. On the state's
122	122	motion following conviction, the convicting court may order the
123	123	forfeiture of substitute property owned by the defendant if the
124	124	state proves by a preponderance of the evidence that the defendant
125	125	intentionally transferred, sold, or deposited property with a third
126	126	party to avoid the court's jurisdiction. The value of substitute
127	127	property forfeited may not exceed the value of the property
128	128	transferred, sold, or deposited.
129	129	Art. 59A.008. NO JOINT AND SEVERAL LIABILITY. A defendant
130	130	convicted of an offense subject to forfeiture is not jointly and
131	131	severally liable for a forfeiture award owed by any other
132	132	defendant. If ownership is unknown, the convicting court may order
133	133	each defendant to forfeit property on a pro rata basis or by other
134	134	equitable means.
135	135	Art. 59A.009. SEIZURE OF PERSONAL PROPERTY WITH PROCESS.
136	136	At the request of the state made at any time, a court may issue an ex
137	137	parte preliminary order to seize or secure personal property for
138	138	which forfeiture is sought and to provide for its custody.
139	139	Art. 59A.010. SEIZURE OF PERSONAL PROPERTY WITHOUT PROCESS.
140	140	Personal property subject to forfeiture may be seized at any time
141	141	without a court order if:
142	142	(1) the seizure is incident to a lawful arrest or
143	143	search;
144	144	(2) the personal property has been the subject of a
145	145	previous judgment in favor of the state; or
146	146	(3) the law enforcement agency seizing the property
147	147	has probable cause to believe that:
148	148	(A) the seizure is immediately necessary to
149	149	prevent the removal or destruction of the personal property; and
150	150	(B) the personal property is forfeitable under
151	151	this chapter.
152	152	Art. 59A.011. SEIZURE OF REAL PROPERTY WITH PROCESS. (a)
153	153	Real property may be seized only under a court order. A court may
154	154	issue an order to seize or secure real property for which forfeiture
155	155	is sought only after the property owners are provided notice and an
156	156	opportunity for a contested hearing to determine the sufficiency of
157	157	the probable cause for the seizure.
158	158	(b) This article does not prohibit the attorney
159	159	representing the state from seeking a lis pendens or restraining
160	160	order to prohibit the sale or destruction of the real property.
161	161	Art. 59A.012. RECEIPT. A law enforcement officer who
162	162	seizes property shall give an itemized receipt to the person
163	163	possessing the property, or in the absence of any person, leave a
164	164	receipt in the place where the property was found, if reasonably
165	165	possible.
166	166	Art. 59A.013. TITLE TO PROPERTY. (a) At the time of a
167	167	seizure or the issuance of a lis pendens or restraining order, the
168	168	state acquires provisional title to the seized property and may
169	169	hold and protect the property.
170	170	(b) Title to the property vests with the state on the date
171	171	the court orders the property to be forfeited and the vesting
172	172	relates back to the date the state acquired provisional title.
173	173	Title acquired under this subsection is subject to a claim by a
174	174	third party that is adjudicated as provided by this chapter.
175	175	Art. 59A.014. PRETRIAL HEARING REGARDING REPLEVIN. (a) In
176	176	this article, "claimant" means a person claiming an ownership
177	177	interest in property that has been seized under this chapter.
178	178	(b) Following a seizure of property subject to forfeiture, a
179	179	claimant has the right to a pretrial hearing to determine the
180	180	validity of the seizure.
181	181	(c) The claimant may claim, at any time on or before the 60th
182	182	day before the scheduled start of the trial of the related criminal
183	183	offense or as soon as otherwise practicable, the right to
184	184	possession of property by motion to the court to issue a writ of
185	185	replevin.
186	186	(d) The claimant must file a motion establishing the
187	187	validity of the alleged interest in the property.
188	188	(e) The court shall hear the motion not later than the 30th
189	189	day after the date the motion is filed.
190	190	(f) The state must file an answer showing probable cause for
191	191	the seizure or a cross motion not later than the 10th day before the
192	192	hearing on the claimant's motion.
193	193	(g) The court shall grant the claimant's motion if the court
194	194	finds that:
195	195	(1) the final judgment is likely to require the state
196	196	to return the property to the claimant;
197	197	(2) the property is not reasonably required to be held
198	198	for investigatory reasons; or
199	199	(3) the property is the only reasonable means for a
200	200	defendant to pay for legal representation in the forfeiture
201	201	proceeding or in the prosecution of the related criminal offense.
202	202	(h) At the court's discretion under Subsection (g)(3), the
203	203	court may order the return of funds or property sufficient for the
204	204	defendant to obtain legal counsel but less than the total amount
205	205	seized, and may require an accounting for the use of the returned
206	206	funds or property.
207	207	(i) Instead of ordering the issuance of the writ of
208	208	replevin, the court may order the state to give security or written
209	209	assurance for satisfaction of any judgment, including damages, that
210	210	may be rendered in the action or may order other appropriate relief.
211	211	Art. 59A.015. FORFEITURE PROCEEDING. A proceeding for the
212	212	forfeiture of property shall be held following the trial of the
213	213	related alleged offense. If the value of the property is less than
214	214	$10,000, the proceeding must be held before the judge only.
215	215	Art. 59A.016. PROPORTIONALITY HEARING. (a) At any time
216	216	following a determination of forfeiture by the trier of fact, the
217	217	defendant may petition the court to determine whether the
218	218	forfeiture is unconstitutionally excessive under the United States
219	219	Constitution or the Texas Constitution.
220	220	(b) The defendant has the burden of establishing by a
221	221	preponderance of the evidence that the forfeiture is grossly
222	222	disproportional to the seriousness of the offense. The hearing
223	223	must be held before the judge only.
224	224	(c) In determining whether the forfeiture of property is
225	225	unconstitutionally excessive, the court may consider all relevant
226	226	factors, including:
227	227	(1) the seriousness of the offense and its impact on
228	228	the community, including the duration of the activity and the harm
229	229	caused by the defendant;
230	230	(2) the extent to which the defendant participated in
231	231	the offense;
232	232	(3) the extent to which the property was used in
233	233	committing the offense;
234	234	(4) the sentence imposed for the offense; and
235	235	(5) whether the offense was completed or attempted.
236	236	(d) In determining the value of the property subject to
237	237	forfeiture, the court may consider all relevant factors, including:
238	238	(1) the fair market value of the property;
239	239	(2) the value of the property to the defendant,
240	240	including hardship to the defendant if the court orders the
241	241	property to be forfeited; and
242	242	(3) the hardship to a defendant's family member or
243	243	other person from the loss of a primary residence, motor vehicle, or
244	244	other property if the court orders the property to be forfeited.
245	245	(e) The court may not consider the value of the property to
246	246	the state in determining whether the forfeiture of property is
247	247	unconstitutionally excessive.
248	248	Art. 59A.017. SECURITY INTEREST. A bona fide security
249	249	interest is not subject to forfeiture unless the person claiming
250	250	the security interest had actual knowledge that the property was
251	251	subject to forfeiture at the time the security interest was
252	252	created. A person claiming a security interest must establish the
253	253	validity of the interest by a preponderance of the evidence.
254	254	Art. 59A.018. INNOCENT OWNER. (a) The property of an
255	255	innocent owner may not be forfeited.
256	256	(b) A person who has an ownership interest in property
257	257	subject to forfeiture that existed at the time of the conduct giving
258	258	rise to the forfeiture and who claims to be an innocent owner must
259	259	show that the person has a legal right, title, or interest in the
260	260	property seized under this chapter. If the person shows legal
261	261	right, title, or interest in the property, the state must prove by a
262	262	preponderance of the evidence that the person had actual or
263	263	constructive knowledge of the underlying offense giving rise to the
264	264	forfeiture. A person is presumed to have constructive knowledge of
265	265	the underlying offense if the person is a family or household member
266	266	of the defendant alleged to have committed or convicted of the
267	267	underlying offense and if the defendant, during the 10 years
268	268	preceding the underlying offense, was convicted three or more times
269	269	for the same or a similar offense.
270	270	(c) A person who, after the commission of an offense giving
271	271	rise to the forfeiture, acquired an ownership interest in property
272	272	subject to forfeiture and who claims to be an innocent owner must
273	273	show that the person has legal right, title, or interest in the
274	274	property seized under this chapter. If the person shows legal
275	275	right, title, or interest in the property, the state must prove by a
276	276	preponderance of the evidence that at the time the person acquired
277	277	the property, the person:
278	278	(1) had actual or constructive knowledge that the
279	279	property was subject to forfeiture; or
280	280	(2) did not purchase the property for valuable
281	281	consideration without notice of any defect in title.
282	282	(d) A person is presumed to have constructive knowledge that
283	283	the property was subject to forfeiture if:
284	284	(1) the person:
285	285	(A) acquired the property from the defendant
286	286	alleged to have committed or convicted of the underlying offense;
287	287	and
288	288	(B) is a family or household member of the
289	289	defendant; and
290	290	(2) the defendant, during the 10-year period preceding
291	291	the underlying offense, was convicted three or more times for the
292	292	same or a similar offense.
293	293	(e) If the state fails to meet its burden in Subsection (b)
294	294	or (c), the court shall find that the person is an innocent owner
295	295	and shall order the state to relinquish all claims of title to the
296	296	property.
297	297	Art. 59A.019. APPEAL. A party to forfeiture litigation may
298	298	appeal the court's decision regarding the seizure, forfeiture, and
299	299	distribution of property under this chapter.
300	300	Art. 59A.020. DISPOSITION OF PROPERTY AND PROCEEDS. (a) If
301	301	abandoned property held for evidentiary purposes is no longer
302	302	needed for that purpose, the court may order that the property be
303	303	delivered, not later than the 30th day after the date of the order,
304	304	to the county treasurer in the county in which the property was
305	305	abandoned.
306	306	(b) If contraband held for evidentiary purposes is no longer
307	307	needed for that purpose, the court may order that the contraband be
308	308	destroyed not later than the 30th day after the date of the order.
309	309	(c) If property is forfeited under this chapter, the court
310	310	may order that the property be delivered, not later than the 30th
311	311	day after the date of the order, to the county treasurer in the
312	312	county in which the property was seized.
313	313	(d) All abandoned property shall be delivered to the county
314	314	treasurer in the county in which the property was abandoned.
315	315	(e) A county treasurer who receives forfeited or abandoned
316	316	property under this article shall dispose of the property, other
317	317	than currency, at public auction. The auction proceeds and
318	318	forfeited currency first shall be used to pay all outstanding
319	319	recorded liens on the forfeited property, and then shall be used to
320	320	comply with any court order regarding the payment of expenses.
321	321	(f) On the court's own motion or on the motion of any party,
322	322	the court may order that a portion of the currency seized or of the
323	323	proceeds from the public auction of property be used to pay
324	324	reasonable expenses for the seizure, storage, and maintenance or
325	325	custody of any forfeited items, other than expenses for personnel.
326	326	(g) The county treasurer shall, after making payments
327	327	required by Subsections (e) and (f), deposit any remaining money
328	328	into the general fund of the county.
329	329	Art. 59A.021. PROHIBITION ON RETAINING PROPERTY; SALE
330	330	RESTRICTIONS. A law enforcement agency may not:
331	331	(1) retain forfeited or abandoned property for the
332	332	agency's use; or
333	333	(2) sell forfeited or abandoned property directly or
334	334	indirectly to:
335	335	(A) an employee of the agency;
336	336	(B) a person related to an employee by
337	337	consanguinity or affinity; or
338	338	(C) another law enforcement agency.
339	339	Art. 59A.022. REPORTING. (a) Not later than February 1 of
340	340	each year, each law enforcement agency shall report to the
341	341	department the following information regarding seizures by the
342	342	agency for which, during the preceding calendar year, a forfeiture
343	343	order was issued under this chapter or the property was otherwise
344	344	forfeited under applicable federal law:
345	345	(1) the total number of forfeitures of currency;
346	346	(2) the total number of forfeitures and the number of
347	347	items of property forfeited according to categories specified by
348	348	the department;
349	349	(3) the total market value of each category of
350	350	property forfeited;
351	351	(4) the total number of occurrences of each type of
352	352	offense underlying the forfeitures, including offenses involving
353	353	controlled substances and driving while intoxicated; and
354	354	(5) any other information required by the department.
355	355	(b) The department shall prescribe a standardized form and
356	356	provide for electronic submission of the report required under
357	357	Subsection (a).
358	358	(c) A law enforcement agency shall file with the department
359	359	separate reports for forfeitures completed under this chapter and
360	360	federal law. If a law enforcement agency did not engage in a
361	361	seizure that resulted in forfeiture during the reporting period,
362	362	the agency shall file a report indicating that fact.
363	363	(d) Not later than April 1 of each year, the department
364	364	shall:
365	365	(1) issue an aggregate report of all forfeitures in
366	366	the state; and
367	367	(2) make the reports submitted by law enforcement
368	368	agencies and the department's aggregate report available on the
369	369	department's Internet website.
370	370	Art. 59A.023. RETURN OF PROPERTY; DAMAGES; COSTS. (a) A
371	371	law enforcement agency that holds property under this chapter shall
372	372	return the property to the owner not later than the fifth day after
373	373	the date:
374	374	(1) the court finds that the owner had a bona fide
375	375	security interest;
376	376	(2) the court finds that the owner was an innocent
377	377	owner;
378	378	(3) the owner is acquitted of the offense that is the
379	379	basis of the forfeiture proceeding; or
380	380	(4) the criminal charge against the owner that is the
381	381	basis of the forfeiture proceeding is dismissed.
382	382	(b) The law enforcement agency that holds the property is
383	383	responsible for all damages, storage fees, and related costs
384	384	applicable to property returned under Subsection (a).
385	385	Art. 59A.024. EFFECT OF OVERTURNED CONVICTION; PAYMENT TO
386	386	DEFENDANT. (a) If a defendant's conviction for an offense
387	387	underlying a forfeiture under this chapter is reversed, set aside,
388	388	or vacated on appeal, the defendant is entitled to recover any money
389	389	deposited in the county's general fund under Article 59A.020(g) as
390	390	a result of the disposition of the defendant's forfeited property.
391	391	The county shall pay to the defendant the deposited amount on the
392	392	91st day after the applicable date as follows:
393	393	(1) the date the conviction is reversed, set aside, or
394	394	vacated, if the attorney representing the state does not file:
395	395	(A) an appeal of the ruling that reversed, set
396	396	aside, or vacated the conviction; or
397	397	(B) a written notice with the court of the
398	398	attorney's intention to proceed with a new trial;
399	399	(2) the date a ruling described by Subdivision (1)(A)
400	400	is affirmed on appeal; or
401	401	(3) the date the attorney representing the state files
402	402	the notice described by Subdivision (1)(B), if the new trial has not
403	403	commenced.
404	404	(b) For purposes of this chapter, the outcome of a new trial
405	405	shall be treated in the same manner as any other conviction.
406	406	Art. 59A.025. CIVIL FORFEITURE FOR CERTAIN PROPERTY. (a)
407	407	Notwithstanding any other provision of this chapter, property is
408	408	subject to forfeiture under this article, regardless of whether a
409	409	person has been convicted of an offense subject to forfeiture in
410	410	connection with the property, if:
411	411	(1) the property was:
412	412	(A) seized with probable cause that it was
413	413	involved in the commission of a felony; or
414	414	(B) obtained, directly or indirectly, through
415	415	the commission of a felony; and
416	416	(2) the property owner:
417	417	(A) has not claimed the property or asserted any
418	418	interest in the property; or
419	419	(B) is unavailable.
420	420	(b) For purposes of Subsection (a)(2)(B), a property owner
421	421	is unavailable if the owner is deceased or, after the owner is
422	422	indicted for the felony offense or after a warrant has been issued
423	423	for the arrest of the owner in connection with the offense, the
424	424	owner is:
425	425	(1) outside the state and unable to be extradited to
426	426	this state for prosecution; or
427	427	(2) unable to be located after reasonable efforts by
428	428	law enforcement authorities.
429	429	(c) The attorney representing the state may bring a
430	430	forfeiture proceeding under this article by filing a complaint in a
431	431	district court in the county in which the property was seized. The
432	432	complaint must state facts that show the property is subject to
433	433	forfeiture under Subsection (a).
434	434	(d) A forfeiture proceeding under this article shall
435	435	proceed to trial in the same manner as in other civil cases. The
436	436	state has the burden of proving by a preponderance of the evidence
437	437	that property is subject to forfeiture under Subsection (a).
438	438	Art. 59A.026. TRANSFER OF FORFEITABLE PROPERTY TO FEDERAL
439	439	GOVERNMENT. A law enforcement agency or attorney representing the
440	440	state may not directly or indirectly transfer seized property to
441	441	any federal law enforcement authority or other federal agency
442	442	unless:
443	443	(1) the value of the seized property exceeds $50,000;
444	444	and
445	445	(2) the attorney representing the state determines
446	446	that:
447	447	(A) the activity giving rise to the investigation
448	448	or seizure is interstate in nature and sufficiently complex to
449	449	justify the transfer; or
450	450	(B) the seized property may only be forfeited
451	451	under federal law.
452	452	SECTION 2. Section 72.051(a), Business & Commerce Code, is
453	453	amended to read as follows:
454	454	(a) In this section, "law enforcement agency" means an
455	455	agency of the state or an agency of a political subdivision of the
456	456	state authorized by law to employ peace officers [has the meaning
457	457	assigned by Article 59.01, Code of Criminal Procedure].
458	458	SECTION 3. Section 140A.111, Civil Practice and Remedies
459	459	Code, is amended to read as follows:
460	460	Sec. 140A.111. PREVIOUSLY SEIZED ASSETS. Notwithstanding
461	461	another provision of this chapter, no remedies provided by this
462	462	chapter may be assessed against proceeds[, contraband,] or [other]
463	463	property over which a law enforcement agency has previously
464	464	asserted jurisdiction under Chapter 59A [59], Code of Criminal
465	465	Procedure, at the time a suit under this chapter was filed.
466	466	SECTION 4. Article 18.01(g), Code of Criminal Procedure, is
467	467	amended to read as follows:
468	468	(g) A search warrant may not be issued under Article
469	469	18.02(a)(12) unless the sworn affidavit required by Subsection (b)
470	470	of this article sets forth sufficient facts to establish probable
471	471	cause that a specific felony offense has been committed and that the
472	472	specifically described property or items that are to be searched
473	473	for or seized are subject to forfeiture under Chapter 59A
474	474	[constitute contraband as defined in Article 59.01 of this code]
475	475	and are located at or on the particular person, place, or thing to
476	476	be searched.
477	477	SECTION 5. Article 18.02(a), Code of Criminal Procedure, is
478	478	amended to read as follows:
479	479	(a) A search warrant may be issued to search for and seize:
480	480	(1) property acquired by theft or in any other manner
481	481	which makes its acquisition a penal offense;
482	482	(2) property specially designed, made, or adapted for
483	483	or commonly used in the commission of an offense;
484	484	(3) arms and munitions kept or prepared for the
485	485	purposes of insurrection or riot;
486	486	(4) weapons prohibited by the Penal Code;
487	487	(5) gambling devices or equipment, altered gambling
488	488	equipment, or gambling paraphernalia;
489	489	(6) obscene materials kept or prepared for commercial
490	490	distribution or exhibition, subject to the additional rules set
491	491	forth by law;
492	492	(7) a drug, controlled substance, immediate
493	493	precursor, chemical precursor, or other controlled substance
494	494	property, including an apparatus or paraphernalia kept, prepared,
495	495	or manufactured in violation of the laws of this state;
496	496	(8) any property the possession of which is prohibited
497	497	by law;
498	498	(9) implements or instruments used in the commission
499	499	of a crime;
500	500	(10) property or items, except the personal writings
501	501	by the accused, constituting evidence of an offense or constituting
502	502	evidence tending to show that a particular person committed an
503	503	offense;
504	504	(11) persons;
505	505	(12) property [contraband] subject to forfeiture
506	506	under Chapter 59A [59 of this code];
507	507	(13) electronic customer data held in electronic
508	508	storage, including the contents of and records and other
509	509	information related to a wire communication or electronic
510	510	communication held in electronic storage; or
511	511	(14) a cellular telephone or other wireless
512	512	communications device, subject to Article 18.0215.
513	513	SECTION 6. Articles 18.19(c), (d-1), and (e), Code of
514	514	Criminal Procedure, are amended to read as follows:
515	515	(c) If there is no prosecution or conviction for an offense
516	516	involving the weapon seized, the magistrate to whom the seizure was
517	517	reported shall, before the 61st day after the date the magistrate
518	518	determines that there will be no prosecution or conviction, notify
519	519	in writing the person found in possession of the weapon that the
520	520	person is entitled to the weapon upon written request to the
521	521	magistrate. The magistrate shall order the weapon returned to the
522	522	person found in possession before the 61st day after the date the
523	523	magistrate receives a request from the person. If the weapon is not
524	524	requested before the 61st day after the date of notification, the
525	525	magistrate shall, before the 121st day after the date of
526	526	notification, order the weapon destroyed, sold at public sale by
527	527	the law enforcement agency holding the weapon or by an auctioneer
528	528	licensed under Chapter 1802, Occupations Code, or forfeited to the
529	529	state for use by the law enforcement agency holding the weapon or by
530	530	a county forensic laboratory designated by the magistrate. If the
531	531	magistrate does not order the return, destruction, sale, or
532	532	forfeiture of the weapon within the applicable period prescribed by
533	533	this subsection, the law enforcement agency holding the weapon may
534	534	request an order of destruction, sale, or forfeiture of the weapon
535	535	from the magistrate. Only a firearms dealer licensed under 18
536	536	U.S.C. Section 923 may purchase a weapon at public sale under this
537	537	subsection. Proceeds from the sale of a seized weapon under this
538	538	subsection shall be transferred, after the deduction of court costs
539	539	and [to which a district court clerk is entitled under Article
540	540	59.05(f), followed by the deduction of] auction costs, to the law
541	541	enforcement agency holding the weapon.
542	542	(d-1) Only a firearms dealer licensed under 18 U.S.C.
543	543	Section 923 may purchase a weapon at public sale under Subsection
544	544	(d). Proceeds from the sale of a seized weapon under Subsection (d)
545	545	shall be transferred, after the deduction of court costs and [to
546	546	which a district court clerk is entitled under Article 59.05(f),
547	547	followed by the deduction of] auction costs, to the law enforcement
548	548	agency holding the weapon.
549	549	(e) If the person found in possession of a weapon is
550	550	convicted of an offense involving the use of the weapon, before the
551	551	61st day after the date of conviction the court entering judgment of
552	552	conviction shall order destruction of the weapon, sale at public
553	553	sale by the law enforcement agency holding the weapon or by an
554	554	auctioneer licensed under Chapter 1802, Occupations Code, or
555	555	forfeiture to the state for use by the law enforcement agency
556	556	holding the weapon or by a county forensic laboratory designated by
557	557	the court. If the court entering judgment of conviction does not
558	558	order the destruction, sale, or forfeiture of the weapon within the
559	559	period prescribed by this subsection, the law enforcement agency
560	560	holding the weapon may request an order of destruction, sale, or
561	561	forfeiture of the weapon from a magistrate. Only a firearms dealer
562	562	licensed under 18 U.S.C. Section 923 may purchase a weapon at public
563	563	sale under this subsection. Proceeds from the sale of a seized
564	564	weapon under this subsection shall be transferred, after the
565	565	deduction of court costs and [to which a district court clerk is
566	566	entitled under Article 59.05(f), followed by the deduction of]
567	567	auction costs, to the law enforcement agency holding the weapon.
568	568	SECTION 7. Article 47.01a(b), Code of Criminal Procedure,
569	569	is amended to read as follows:
570	570	(b) If it is shown in a hearing that probable cause exists to
571	571	believe that the property was acquired by theft or by another manner
572	572	that makes its acquisition an offense and that the identity of the
573	573	actual owner of the property cannot be determined, the court shall
574	574	order the peace officer to:
575	575	(1) deliver the property to a government agency for
576	576	official purposes;
577	577	(2) deliver the property for disposition under Article
578	578	59A.020 to the county treasurer of the county in which the property
579	579	was seized [to a person authorized by Article 18.17 of this code to
580	580	receive and dispose of the property]; or
581	581	(3) destroy the property.
582	582	SECTION 8. Article 47.06, Code of Criminal Procedure, is
583	583	amended to read as follows:
584	584	Art. 47.06. DISPOSITION OF PROPERTY [SOLD]. If the
585	585	property is not claimed before the end of the 30-day period
586	586	following [within 30 days from] the conviction of the person
587	587	accused of illegally acquiring the property [it], the property
588	588	shall be delivered for disposition under Article 59A.020 to the
589	589	county treasurer of the county in which the property was seized
590	590	[same procedure for its disposition as set out in Article 18.17 of
591	591	this Code shall be followed].
592	592	SECTION 9. Article 47.07, Code of Criminal Procedure, is
593	593	amended to read as follows:
594	594	Art. 47.07. OWNER MAY RECOVER. The real owner of the
595	595	property disposed of [sold] under the provisions of Article 47.06
596	596	may file a claim with the commissioners court of the county to
597	597	recover any money attributable to the property and deposited in the
598	598	county's general fund under Article 59A.020(g) [such property under
599	599	the same terms as prescribed in Subsection (e) of Article 18.17 of
600	600	this Code]. A claim by the real owner must be filed not later than
601	601	the 30th day after the date of disposition. If the claim is allowed
602	602	by the commissioners court, the county treasurer shall pay the
603	603	owner the amount deposited. If the claim is denied by the
604	604	commissioners court or if the court fails to act on the claim before
605	605	the 91st day after the date the claim was filed, the claimant may
606	606	sue the county treasurer in a court of competent jurisdiction in the
607	607	county, and on sufficient proof of ownership, recover judgment
608	608	against the county for the amount deposited.
609	609	SECTION 10. Section 51.406(c), Education Code, is amended
610	610	to read as follows:
611	611	(c) A rule or policy of a state agency, including the Texas
612	612	Higher Education Coordinating Board, in effect on June 1, 2011,
613	613	that requires reporting by a university system or an institution of
614	614	higher education has no effect on or after September 1, 2013, unless
615	615	the rule or policy is affirmatively and formally readopted before
616	616	that date by formal administrative rule published in the Texas
617	617	Register and adopted in compliance with Chapter 2001, Government
618	618	Code. This subsection does not apply to:
619	619	(1) a rule or policy for which the authorizing statute
620	620	is listed in Subsection (b);
621	621	(2) a rule or policy for which the authorizing statute
622	622	is repealed on or before September 1, 2013, by legislation enacted
623	623	by the legislature that becomes law; or
624	624	(3) a report required under any of the following
625	625	provisions:
626	626	(A) [Article 59.06(g)(1), Code of Criminal
627	627	Procedure;
628	628	[(B)] Section 51.005;
629	629	(B) [(C)] Section 51.0051;
630	630	(C) [(D)] Subchapter F-1 of this chapter;
631	631	(D) [(E)] Section 51.402;
632	632	(E) [(F)] Section 56.039;
633	633	(F) [(G)] Section 61.059;
634	634	(G) [(H)] Section 62.095(b);
635	635	(H) [(I)] Section 62.098;
636	636	(I) [(J)] Section 411.187(b), Government Code;
637	637	(J) [(K)] Subchapter C, Chapter 606, Government
638	638	Code;
639	639	(K) [(L)] Subchapter E, Chapter 815, Government
640	640	Code; or
641	641	(L) [(M)] Chapter 1551, Insurance Code.
642	642	SECTION 11. Section 96.641(j), Education Code, is amended
643	643	to read as follows:
644	644	(j) As part of the initial training and continuing education
645	645	for police chiefs required under this section, the institute shall
646	646	establish a program on asset forfeiture under Chapter 59A [59],
647	647	Code of Criminal Procedure. The program must include an
648	648	examination of the best practices for educating peace officers
649	649	about asset forfeiture and monitoring peace officers' compliance
650	650	with laws relating to asset forfeiture.
651	651	SECTION 12. Section 157.317(a), Family Code, is amended to
652	652	read as follows:
653	653	(a) A child support lien attaches to all real and personal
654	654	property not exempt under the Texas Constitution or other law,
655	655	including:
656	656	(1) an account in a financial institution;
657	657	(2) a retirement plan, including an individual
658	658	retirement account;
659	659	(3) the proceeds of an insurance policy, including the
660	660	proceeds from a life insurance policy or annuity contract and the
661	661	proceeds from the sale or assignment of life insurance or annuity
662	662	benefits, a claim for compensation, or a settlement or award for the
663	663	claim for compensation, due to or owned by the obligor;
664	664	(4) property seized and subject to forfeiture under
665	665	Chapter 59A [59], Code of Criminal Procedure; and
666	666	(5) the proceeds derived from the sale of oil or gas
667	667	production from an oil or gas well located in this state.
668	668	SECTION 13. Section 392.303, Finance Code, is amended by
669	669	amending Subsection (a) and adding Subsection (d) to read as
670	670	follows:
671	671	(a) In debt collection, a debt collector may not use unfair
672	672	or unconscionable means that employ the following practices:
673	673	(1) seeking or obtaining a written statement or
674	674	acknowledgment in any form that specifies that a consumer's
675	675	obligation is one incurred for necessaries of life if the
676	676	obligation was not incurred for those necessaries;
677	677	(2) collecting or attempting to collect interest or a
678	678	charge, fee, or expense incidental to the obligation unless the
679	679	interest or incidental charge, fee, or expense is expressly
680	680	authorized by the agreement creating the obligation or legally
681	681	chargeable to the consumer; or
682	682	(3) collecting or attempting to collect an obligation
683	683	under a check, draft, debit payment, or credit card payment, if:
684	684	(A) the check or draft was dishonored or the
685	685	debit payment or credit card payment was refused because the check
686	686	or draft was not drawn or the payment was not made by a person
687	687	authorized to use the applicable account;
688	688	(B) the debt collector has received written
689	689	notice from a person authorized to use the account that the check,
690	690	draft, or payment was unauthorized; and
691	691	(C) the person authorized to use the account has
692	692	filed a report concerning the unauthorized check, draft, or payment
693	693	with a law enforcement agency [, as defined by Article 59.01, Code
694	694	of Criminal Procedure,] and has provided the debt collector with a
695	695	copy of the report.
696	696	(d) In this section, "law enforcement agency" means an
697	697	agency of the state or an agency of a political subdivision of the
698	698	state authorized by law to employ peace officers.
699	699	SECTION 14. Section 45.193(d), Government Code, is amended
700	700	to read as follows:
701	701	(d) The county attorney has no power, duty, or privilege in
702	702	Grimes County relating to criminal matters, including asset
703	703	forfeitures under Chapter 59A [59], Code of Criminal Procedure,
704	704	appearance bond forfeitures under Chapter 17, Code of Criminal
705	705	Procedure, and habeas corpus related to criminal matters.
706	706	SECTION 15. Section 54.2205(a), Government Code, is amended
707	707	to read as follows:
708	708	(a) The judge of a district court or county court at law or a
709	709	justice of the peace may refer to a magistrate any case or matter
710	710	relating to a case for proceedings involving:
711	711	(1) a negotiated plea of guilty or no contest and
712	712	sentencing before the court;
713	713	(2) a bond forfeiture, remittitur, and related
714	714	proceedings;
715	715	(3) a pretrial motion;
716	716	(4) a writ of habeas corpus;
717	717	(5) an examining trial;
718	718	(6) an occupational driver's license;
719	719	(7) a petition for an order of expunction under
720	720	Chapter 55, Code of Criminal Procedure;
721	721	(8) a [an asset] forfeiture proceeding [hearing] as
722	722	provided by Chapter 59A [59], Code of Criminal Procedure;
723	723	(9) a petition for an order of nondisclosure of
724	724	criminal history record information or an order of nondisclosure of
725	725	criminal history record information that does not require a
726	726	petition provided by Subchapter E-1, Chapter 411;
727	727	(10) a motion to modify or revoke community
728	728	supervision or to proceed with an adjudication of guilt;
729	729	(11) setting conditions, modifying, revoking, and
730	730	surrendering of bonds, including surety bonds;
731	731	(12) specialty court proceedings;
732	732	(13) a waiver of extradition;
733	733	(14) selection of a jury; and
734	734	(15) any other matter the judge or justice of the peace
735	735	considers necessary and proper.
736	736	SECTION 16. Section 54.2405(a), Government Code, is amended
737	737	to read as follows:
738	738	(a) The judge of a district court or county court at law or a
739	739	justice of the peace may refer to a magistrate any case or matter
740	740	relating to a case for proceedings involving:
741	741	(1) a negotiated plea of guilty or no contest and
742	742	sentencing before the court;
743	743	(2) a bond forfeiture, remittitur, and related
744	744	proceedings;
745	745	(3) a pretrial motion;
746	746	(4) a writ of habeas corpus;
747	747	(5) an examining trial;
748	748	(6) an occupational driver's license;
749	749	(7) a petition for an order of expunction under
750	750	Chapter 55, Code of Criminal Procedure;
751	751	(8) a [an asset] forfeiture proceeding [hearing] as
752	752	provided by Chapter 59A [59], Code of Criminal Procedure;
753	753	(9) a petition for an order of nondisclosure of
754	754	criminal history record information or an order of nondisclosure of
755	755	criminal history record information that does not require a
756	756	petition provided by Subchapter E-1, Chapter 411;
757	757	(10) a motion to modify or revoke community
758	758	supervision or to proceed with an adjudication of guilt;
759	759	(11) setting conditions, modifying, revoking, and
760	760	surrendering of bonds, including surety bonds;
761	761	(12) specialty court proceedings;
762	762	(13) a waiver of extradition;
763	763	(14) selection of a jury; and
764	764	(15) any other matter the judge or justice of the peace
765	765	considers necessary and proper.
766	766	SECTION 17. Section 54.2606(a), Government Code, is amended
767	767	to read as follows:
768	768	(a) A judge may refer to a magistrate any criminal case or
769	769	matter relating to a criminal case for proceedings involving:
770	770	(1) a negotiated plea of guilty or no contest and
771	771	sentencing before the court;
772	772	(2) a bond forfeiture, remittitur, and related
773	773	proceedings;
774	774	(3) a pretrial motion;
775	775	(4) a writ of habeas corpus;
776	776	(5) an examining trial;
777	777	(6) an occupational driver's license;
778	778	(7) a petition for an order of expunction under
779	779	Chapter 55, Code of Criminal Procedure;
780	780	(8) a [an asset] forfeiture proceeding [hearing] as
781	781	provided by Chapter 59A [59], Code of Criminal Procedure;
782	782	(9) a petition for an order of nondisclosure of
783	783	criminal history record information or an order of nondisclosure of
784	784	criminal history record information that does not require a
785	785	petition provided by Subchapter E-1, Chapter 411;
786	786	(10) a motion to modify or revoke community
787	787	supervision or to proceed with an adjudication of guilt [guilty];
788	788	(11) setting conditions, modifying, revoking, and
789	789	surrendering of bonds, including surety bonds;
790	790	(12) specialty court proceedings;
791	791	(13) a waiver of extradition; and
792	792	(14) any other matter the judge considers necessary
793	793	and proper.
794	794	SECTION 18. Section 54.656(a), Government Code, is amended
795	795	to read as follows:
796	796	(a) A judge may refer to a magistrate any criminal case or
797	797	matter relating to a criminal case for proceedings involving:
798	798	(1) a negotiated plea of guilty or no contest and
799	799	sentencing before the court;
800	800	(2) a bond forfeiture, remittitur, and related
801	801	proceedings;
802	802	(3) a pretrial motion;
803	803	(4) a writ of habeas corpus;
804	804	(5) an examining trial;
805	805	(6) an occupational driver's license;
806	806	(7) a petition for an order of expunction under
807	807	Chapter 55, Code of Criminal Procedure;
808	808	(8) a [an asset] forfeiture proceeding [hearing] as
809	809	provided by Chapter 59A [59], Code of Criminal Procedure;
810	810	(9) a petition for an order of nondisclosure of
811	811	criminal history record information or an order of nondisclosure of
812	812	criminal history record information that does not require a
813	813	petition provided by Subchapter E-1, Chapter 411;
814	814	(10) a motion to modify or revoke community
815	815	supervision or to proceed with an adjudication of guilt;
816	816	(11) setting conditions, modifying, revoking, and
817	817	surrendering of bonds, including surety bonds;
818	818	(12) specialty court proceedings;
819	819	(13) a waiver of extradition; and
820	820	(14) any other matter the judge considers necessary
821	821	and proper.
822	822	SECTION 19. Section 2007.003(b), Government Code, is
823	823	amended to read as follows:
824	824	(b) This chapter does not apply to the following
825	825	governmental actions:
826	826	(1) an action by a municipality except as provided by
827	827	Subsection (a)(3);
828	828	(2) a lawful forfeiture or seizure of property under
829	829	Chapter 59A [contraband as defined by Article 59.01], Code of
830	830	Criminal Procedure;
831	831	(3) a lawful seizure of property as evidence of a crime
832	832	or violation of law;
833	833	(4) an action, including an action of a political
834	834	subdivision, that is reasonably taken to fulfill an obligation
835	835	mandated by federal law or an action of a political subdivision that
836	836	is reasonably taken to fulfill an obligation mandated by state law;
837	837	(5) the discontinuance or modification of a program or
838	838	regulation that provides a unilateral expectation that does not
839	839	rise to the level of a recognized interest in private real property;
840	840	(6) an action taken to prohibit or restrict a
841	841	condition or use of private real property if the governmental
842	842	entity proves that the condition or use constitutes a public or
843	843	private nuisance as defined by background principles of nuisance
844	844	and property law of this state;
845	845	(7) an action taken out of a reasonable good faith
846	846	belief that the action is necessary to prevent a grave and immediate
847	847	threat to life or property;
848	848	(8) a formal exercise of the power of eminent domain;
849	849	(9) an action taken under a state mandate to prevent
850	850	waste of oil and gas, protect correlative rights of owners of
851	851	interests in oil or gas, or prevent pollution related to oil and gas
852	852	activities;
853	853	(10) a rule or proclamation adopted for the purpose of
854	854	regulating water safety, hunting, fishing, or control of
855	855	nonindigenous or exotic aquatic resources;
856	856	(11) an action taken by a political subdivision:
857	857	(A) to regulate construction in an area
858	858	designated under law as a floodplain;
859	859	(B) to regulate on-site sewage facilities;
860	860	(C) under the political subdivision's
861	861	[subdivisions's] statutory authority to prevent waste or protect
862	862	rights of owners of interest in groundwater; or
863	863	(D) to prevent subsidence;
864	864	(12) the appraisal of property for purposes of ad
865	865	valorem taxation;
866	866	(13) an action that:
867	867	(A) is taken in response to a real and
868	868	substantial threat to public health and safety;
869	869	(B) is designed to significantly advance the
870	870	health and safety purpose; and
871	871	(C) does not impose a greater burden than is
872	872	necessary to achieve the health and safety purpose; or
873	873	(14) an action or rulemaking undertaken by the Public
874	874	Utility Commission of Texas to order or require the location or
875	875	placement of telecommunications equipment owned by another party on
876	876	the premises of a certificated local exchange company.
877	877	SECTION 20. Section 481.159(a), Health and Safety Code, is
878	878	amended to read as follows:
879	879	(a) If a district court orders the forfeiture of a
880	880	controlled substance property or plant under the [Chapter 59,] Code
881	881	of Criminal Procedure[,] or under this code, the court shall also
882	882	order a law enforcement agency or a criminal justice agency to which
883	883	the law enforcement agency transferred the property or plant for
884	884	analysis and storage to:
885	885	(1) retain the property or plant for official law
886	886	enforcement purposes, including use in the investigation of
887	887	offenses under this code;
888	888	(2) deliver the property or plant to a government
889	889	agency for official purposes;
890	890	(3) deliver the property or plant to a person
891	891	authorized by the court to receive it;
892	892	(4) deliver the property or plant to a person
893	893	authorized by the director to receive it; or
894	894	(5) destroy the property or plant that is not
895	895	otherwise disposed of in the manner prescribed by this subchapter.
896	896	SECTION 21. Section 481.160(a), Health and Safety Code, is
897	897	amended to read as follows:
898	898	(a) If a controlled substance property or plant is forfeited
899	899	under this code or under the [Chapter 59,] Code of Criminal
900	900	Procedure, the law enforcement agency that seized the property or
901	901	plant or to which the property or plant is forfeited or a criminal
902	902	justice agency to which the law enforcement agency transferred the
903	903	property or plant for analysis and storage may summarily destroy
904	904	the property or plant without a court order, or otherwise dispose of
905	905	the property or plant in lieu of destruction in accordance with
906	906	Section 481.161, before the disposition of a case arising out of the
907	907	forfeiture if the agency ensures that:
908	908	(1) at least five random and representative samples
909	909	are taken from the total amount of the property or plant and a
910	910	sufficient quantity is preserved to provide for discovery by
911	911	parties entitled to discovery;
912	912	(2) photographs are taken that reasonably depict the
913	913	total amount of the property or plant; and
914	914	(3) the gross weight or liquid measure of the property
915	915	or plant is determined, either by actually weighing or measuring
916	916	the property or plant or by estimating its weight or measurement
917	917	after making dimensional measurements of the total amount seized.
918	918	SECTION 22. Section 573.0001(2), Health and Safety Code, is
919	919	amended to read as follows:
920	920	(2) "Law enforcement agency" means an agency of the
921	921	state or an agency of a political subdivision of the state
922	922	authorized by law to employ peace officers [has the meaning
923	923	assigned by Article 59.01, Code of Criminal Procedure].
924	924	SECTION 23. Section 113.008(g), Local Government Code, is
925	925	amended to read as follows:
926	926	(g) Subsections (b-1) and (f)(2) do not apply to a special
927	927	fund administered by an attorney representing the state under
928	928	Chapter 18 or [,] 47, [or 59,] Code of Criminal Procedure.
929	929	SECTION 24. Section 1701.253(g), Occupations Code, is
930	930	amended to read as follows:
931	931	(g) As part of the minimum curriculum requirements, the
932	932	commission shall establish a statewide comprehensive education and
933	933	training program on criminal asset forfeiture under Chapter 59A
934	934	[59], Code of Criminal Procedure, for officers licensed under this
935	935	chapter. An officer shall complete a program established under
936	936	this subsection not later than the second anniversary of the date
937	937	the officer is licensed under this chapter or the date the officer
938	938	applies for an intermediate proficiency certificate, whichever
939	939	date is earlier.
940	940	SECTION 25. Section 37.08(b), Penal Code, is amended to
941	941	read as follows:
942	942	(b) In this section, "law enforcement agency" means an
943	943	agency of the state or an agency of a political subdivision of the
944	944	state authorized by law to employ peace officers [has the meaning
945	945	assigned by Article 59.01, Code of Criminal Procedure].
946	946	SECTION 26. Section 38.152(c)(3), Penal Code, is amended to
947	947	read as follows:
948	948	(3) "Law enforcement agency" means an agency of the
949	949	state or an agency of a political subdivision of the state
950	950	authorized by law to employ peace officers [has the meaning
951	951	assigned by Article 59.01, Code of Criminal Procedure].
952	952	SECTION 27. The following provisions are repealed:
953	953	(1) Section 140A.102(h), Civil Practice and Remedies
954	954	Code;
955	955	(2) Article 18.17, Code of Criminal Procedure;
956	956	(3) Chapter 59, Code of Criminal Procedure;
957	957	(4) Sections 24.377(c), 54.2205(b), 54.2405(b),
958	958	54.2606(b), and 54.656(b), Government Code;
959	959	(5) Section 365.012(i), Health and Safety Code; and
960	960	(6) Sections 12.101(1) and (2), 12.1106, 61.0221, and
961	961	62.017, Parks and Wildlife Code.
962	962	SECTION 28. (a) Except as provided by Subsection (b) of
963	963	this section, on the effective date of this Act, any property in the
964	964	possession of a law enforcement agency, game warden, or attorney
965	965	representing the state, that was seized under Chapter 59, Code of
966	966	Criminal Procedure, or Section 12.1106, 61.0221, or 62.017, Parks
967	967	and Wildlife Code, and that has not been ordered forfeited to the
968	968	state by a court, must be returned to the person from whom the
969	969	property was seized.
970	970	(b) Property that is evidence in the investigation or
971	971	prosecution of a criminal offense is not required to be returned
972	972	under Subsection (a) of this section until the disposition of all
973	973	charges relating to the offense.
974	974	SECTION 29. The repeal by this Act of Article 18.17, Code of
975	975	Criminal Procedure, does not apply to abandoned or unclaimed
976	976	property seized before the effective date of this Act, and the
977	977	former Article 18.17 is continued in effect for the purposes of the
978	978	disposition of property described by this section.
979	979	SECTION 30. This Act takes effect September 1, 2023.