Texas 2025 - 89th Regular

Texas House Bill HB2309 Compare Versions

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

Old	New	Differences
1	1	89R5727 AJZ-D
2	2	By: Villalobos H.B. No. 2309
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the forfeiture of certain contraband and the authority
10	10	of the attorney general to bring certain forfeiture actions.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Articles 59.01(1) and (2), Code of Criminal
13	13	Procedure, are amended to read as follows:
14	14	(1) "Attorney representing the state" means the
15	15	prosecutor with felony jurisdiction in the county in which a
16	16	forfeiture proceeding is held under this chapter or, in a
17	17	proceeding for forfeiture of contraband as defined under
18	18	Subdivision (2)(B)(v) of this article, the city attorney of a
19	19	municipality if the property is seized in that municipality by a
20	20	peace officer employed by that municipality and the governing body
21	21	of the municipality has approved procedures for the city attorney
22	22	acting in a forfeiture proceeding. The term includes the attorney
23	23	general in [In] a proceeding for forfeiture of contraband as
24	24	defined under:
25	25	(A) Subdivision (2)(B)(iv) or (vi);
26	26	(B) Subdivision (2)(C) or (D), if the applicable
27	27	proceeds were gained from the commission of a felony listed in
28	28	Subdivision (2)(B)(iv) or (vi); or
29	29	(C) Subdivision (2)(E)(ii) or (F)(ii)
30	30	[Subdivision (2)(B)(vi) of this article, the term includes the
31	31	attorney general].
32	32	(2) "Contraband" means property of any nature,
33	33	including real, personal, tangible, or intangible, that is:
34	34	(A) used in the commission of:
35	35	(i) any first or second degree felony under
36	36	the Penal Code;
37	37	(ii) any felony under Section 15.031(b),
38	38	21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
39	39	Code;
40	40	(iii) [any felony under Chapter 43, Penal
41	41	Code, except as provided by Paragraph (B);
42	42	[(iv)] any felony under The Securities Act
43	43	(Title 12, Government Code); or
44	44	(iv) [(v)] any offense under Chapter 49,
45	45	Penal Code, that is punishable as a felony of the third degree or
46	46	state jail felony, if the defendant has been previously convicted
47	47	three times of an offense under that chapter;
48	48	(B) used or intended to be used in the commission
49	49	of:
50	50	(i) any felony under Chapter 481, Health
51	51	and Safety Code (Texas Controlled Substances Act);
52	52	(ii) any felony under Chapter 483, Health
53	53	and Safety Code;
54	54	(iii) a felony under Chapter 152, Finance
55	55	Code;
56	56	(iv) any felony under Chapter 20A, [or] 34,
57	57	or 43, Penal Code;
58	58	(v) a Class A misdemeanor under Subchapter
59	59	B, Chapter 365, Health and Safety Code, if the defendant has been
60	60	previously convicted twice of an offense under that subchapter;
61	61	(vi) any felony under Chapter 32, Human
62	62	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
63	63	involves a health care program, as defined by Section 35A.01, Penal
64	64	Code;
65	65	(vii) a Class B misdemeanor under Chapter
66	66	522, Business & Commerce Code;
67	67	(viii) a Class A misdemeanor under Section
68	68	306.051, Business & Commerce Code;
69	69	(ix) any offense under Section 42.10, Penal
70	70	Code;
71	71	(x) any offense under Section 46.06(a)(1)
72	72	or 46.14, Penal Code;
73	73	(xi) any offense under Chapter 71, Penal
74	74	Code;
75	75	(xii) any offense under Section 20.05,
76	76	20.06, or 20.07, [43.04, or 43.05,] Penal Code;
77	77	(xiii) an offense under Section 326.002,
78	78	Business & Commerce Code;
79	79	(xiv) any offense under Section 545.420,
80	80	Transportation Code; or
81	81	(xv) any offense punishable under Section
82	82	42.03(d) or (e), Penal Code;
83	83	(C) the proceeds gained from the commission of a
84	84	felony listed in Paragraph (A) or (B) of this subdivision, a
85	85	misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), (xii),
86	86	(xiv), or (xv) of this subdivision, or a crime of violence;
87	87	(D) acquired with proceeds gained from the
88	88	commission of a felony listed in Paragraph (A) or (B) of this
89	89	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
90	90	(xi), (xii), (xiv), or (xv) of this subdivision, or a crime of
91	91	violence;
92	92	(E) used to facilitate or intended to be used to
93	93	facilitate the commission of a felony under:
94	94	(i) Section 15.031, Penal Code; or
95	95	(ii) Chapter 43, Penal Code; or
96	96	(F) used to facilitate or intended to be used to
97	97	facilitate the commission of an offense under:
98	98	(i) Section 20.05, 20.06, or 20.07, Penal
99	99	Code; or
100	100	(ii) Chapter 20A, Penal Code.
101	101	SECTION 2. The change in law made by this Act applies only
102	102	to an offense committed on or after the effective date of this Act.
103	103	An offense committed before the effective date of this Act is
104	104	governed by the law in effect on the date the offense was committed,
105	105	and the former law is continued in effect for that purpose. For
106	106	purposes of this section, an offense was committed before the
107	107	effective date of this Act if any element of the offense occurred
108	108	before that date.
109	109	SECTION 3. This Act takes effect September 1, 2025.