89R5727 AJZ-D
By: Villalobos H.B. No. 2309
A BILL TO BE ENTITLED
AN ACT
relating to the forfeiture of certain contraband and the authority
of the attorney general to bring certain forfeiture actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 59.01(1) and (2), Code of Criminal
Procedure, are amended to read as follows:
(1) "Attorney representing the state" means the
prosecutor with felony jurisdiction in the county in which a
forfeiture proceeding is held under this chapter or, in a
proceeding for forfeiture of contraband as defined under
Subdivision (2)(B)(v) of this article, the city attorney of a
municipality if the property is seized in that municipality by a
peace officer employed by that municipality and the governing body
of the municipality has approved procedures for the city attorney
acting in a forfeiture proceeding. The term includes the attorney
general in [In] a proceeding for forfeiture of contraband as
defined under:
(A) Subdivision (2)(B)(iv) or (vi);
(B) Subdivision (2)(C) or (D), if the applicable
proceeds were gained from the commission of a felony listed in
Subdivision (2)(B)(iv) or (vi); or
(C) Subdivision (2)(E)(ii) or (F)(ii)
[Subdivision (2)(B)(vi) of this article, the term includes the
attorney general].
(2) "Contraband" means property of any nature,
including real, personal, tangible, or intangible, that is:
(A) used in the commission of:
(i) any first or second degree felony under
the Penal Code;
(ii) any felony under Section 15.031(b),
21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
Code;
(iii) [any felony under Chapter 43, Penal
Code, except as provided by Paragraph (B);
[(iv)] any felony under The Securities Act
(Title 12, Government Code); or
(iv) [(v)] any offense under Chapter 49,
Penal Code, that is punishable as a felony of the third degree or
state jail felony, if the defendant has been previously convicted
three times of an offense under that chapter;
(B) used or intended to be used in the commission
of:
(i) any felony under Chapter 481, Health
and Safety Code (Texas Controlled Substances Act);
(ii) any felony under Chapter 483, Health
and Safety Code;
(iii) a felony under Chapter 152, Finance
Code;
(iv) any felony under Chapter 20A, [or] 34,
or 43, Penal Code;
(v) a Class A misdemeanor under Subchapter
B, Chapter 365, Health and Safety Code, if the defendant has been
previously convicted twice of an offense under that subchapter;
(vi) any felony under Chapter 32, Human
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
involves a health care program, as defined by Section 35A.01, Penal
Code;
(vii) a Class B misdemeanor under Chapter
522, Business & Commerce Code;
(viii) a Class A misdemeanor under Section
306.051, Business & Commerce Code;
(ix) any offense under Section 42.10, Penal
Code;
(x) any offense under Section 46.06(a)(1)
or 46.14, Penal Code;
(xi) any offense under Chapter 71, Penal
Code;
(xii) any offense under Section 20.05,
20.06, or 20.07, [43.04, or 43.05,] Penal Code;
(xiii) an offense under Section 326.002,
Business & Commerce Code;
(xiv) any offense under Section 545.420,
Transportation Code; or
(xv) any offense punishable under Section
42.03(d) or (e), Penal Code;
(C) the proceeds gained from the commission of a
felony listed in Paragraph (A) or (B) of this subdivision, a
misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), (xii),
(xiv), or (xv) of this subdivision, or a crime of violence;
(D) acquired with proceeds gained from the
commission of a felony listed in Paragraph (A) or (B) of this
subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
(xi), (xii), (xiv), or (xv) of this subdivision, or a crime of
violence;
(E) used to facilitate or intended to be used to
facilitate the commission of a felony under:
(i) Section 15.031, Penal Code; or
(ii) Chapter 43, Penal Code; or
(F) used to facilitate or intended to be used to
facilitate the commission of an offense under:
(i) Section 20.05, 20.06, or 20.07, Penal
Code; or
(ii) Chapter 20A, Penal Code.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
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 3. This Act takes effect September 1, 2025.