Texas House Bill HB2309

Texas 2025 - 89th Regular

• Filed: 1/31/25
• Out of House Committee: 5/9/25

Caption

Relating to the forfeiture of certain contraband and the authority of the attorney general to bring certain forfeiture actions.

Impact

If enacted, HB 2309 would significantly impact how forfeiture laws are applied in Texas. By outlining the specific authority of the attorney general in handling forfeiture cases, and specifying under what conditions property may be categorized as contraband, the bill could enhance the state's capability to act swiftly against criminal enterprises that utilize such properties. This change is designed to bolster asset recovery efforts and potentially deter crime by removing valuable properties used in illegal activities. However, the new provisions regarding the attorney general's authority might also raise questions about the balance of power between state and local jurisdictions.

Summary

House Bill 2309 seeks to amend the Texas Code of Criminal Procedure concerning the forfeiture of certain contraband and the authority of the attorney general to initiate forfeiture actions pertaining to this property. The bill elaborates on the definition of contraband and the roles of both the attorney general and local prosecutors in such proceedings. A principal aim of the bill is to clarify and streamline the processes involved in the seizure and forfeiture of assets implicated in criminal activities, thereby improving law enforcement's efficiency in managing contraband and associated legal actions.

Sentiment

The sentiment surrounding HB 2309 appears generally positive among proponents who believe it will modernize and strengthen the state's forfeiture laws. Advocates argue that providing clearer roles and enhancing the attorney general's authority will facilitate better outcomes in law enforcement. Conversely, there are voices of concern and caution regarding the potential for abuse of power and the loss of local oversight in forfeiture proceedings. Critics might argue that such centralization could lead to inequities in how contraband cases are handled, particularly in unique local contexts.

Contention

Notable points of contention center on the extent of the attorney general's authority and the implications for local jurisdictions. Critics fear that measures contained within HB 2309 may undermine local prosecutors' roles in determining forfeiture actions, potentially leading to a disconnect in how laws are enforced in different regions. Additionally, the bill's stipulation affecting the timing of when the new laws apply presents a future-facing legislative change, potentially affecting ongoing cases and creating ambiguity for law enforcement and legal practitioners regarding compliance with the updated statutes.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 59. Forfeiture Of Contraband
  • Section: New Section
  • Section: New Section

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: New Section

• Chapter 483. Dangerous Drugs
  • Section: New Section

Finance Code

• Chapter 152. Regulation Of Money Services Businesses
  • Section: New Section

Human Resources Code

• Chapter 32. Medical Assistance Program
  • Section: New Section

Transportation Code

• Chapter 545. Operation And Movement Of Vehicles
  • Section: 420

Penal Code

• Chapter 15. Preparatory Offenses
  • Section: New Section

• Chapter 43. Public Indecency
  • Section: New Section