Thompson Forfeiture Bill Keeps Civil Forfeiture For Unclaimed Property

The text as introduced · 8,550 words

89R1388 MCF-F

By: Thompson
H.B. No. 914

A BILL TO BE ENTITLED

AN ACT

relating to repealing civil asset forfeiture provisions and

establishing criminal asset forfeiture in this state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 1, Code of Criminal Procedure, is amended

by adding Chapter 59A to read as follows:

CHAPTER 59A. CRIMINAL ASSET FORFEITURE

Art. 59A.001. DEFINITIONS. In this chapter:

(1) "Abandoned property" means personal property left

by an owner who has intentionally relinquished all rights to

control of the property.

(2) "Actual knowledge" means direct and clear

awareness of information, facts, or conditions.

(3) "Contraband" means tangible or intangible goods

that are illegal to import, export, or possess, including a

scheduled drug without a valid prescription.

(4) "Conveyance" means a device or structure used for

transportation. The term includes a motor vehicle, trailer,

snowmobile, airplane, or vessel, and any attached equipment.

(5) "Department" means the Department of Public

Safety.

(6) "Instrumentality" means property that is

otherwise lawful to possess and that is used in the furtherance or

commission of an offense subject to forfeiture. The term includes

land, buildings, containers, conveyances, equipment, materials,

products, computer hardware or software, telecommunications

devices, firearms, ammunition, tools, and money, securities,

negotiable instruments, or other means of exchange. The term does

not include stolen property.

(7) "Law enforcement agency" means a law enforcement

agency of this state or a political subdivision of this state that

has authority under state law to engage in seizure and forfeiture.

(8) "Offense subject to forfeiture" means:

(A) a first or second degree felony under the

Penal Code;

(B) a third degree or state jail felony under

Chapter 49, Penal Code, if the defendant has been previously

convicted three times of an offense under that chapter;

(C) a felony under:

(i) Chapter 152, Finance Code;

(ii) Chapter 481 or 483, Health and Safety

Code;

(iii) Chapter 32, Human Resources Code, or

Chapter 35A or 37, Penal Code, that involves a health care program,

as defined by Section 35A.01, Penal Code;

(iv) Section 15.031, 21.11, or 38.04, Penal

Code;

(v) Chapter 20A, 29, 30, 31, 32, 33, 33A,

34, 35, or 43, Penal Code; or

(vi) The Securities Act (Title 12,

Government Code);

(D) a Class A misdemeanor under:

(i) Section 306.051, Business & Commerce

Code; or

(ii) Subchapter B, Chapter 365, Health and

Safety Code, if the defendant has been previously convicted two

times of an offense under that subchapter;

(E) a Class B misdemeanor under Chapter 522,

Business & Commerce Code;

(F) an offense under:

(i) Section 326.002, Business & Commerce

Code;

(ii) Section 20.05, 20.06, 20.07, 42.10,

46.06(a)(1), or 46.14, Penal Code;

(iii) Chapter 71, Penal Code; or

(iv) Section 545.420 or 550.021,

Transportation Code;

(G) an offense punishable under Section 42.03(d)

or (e), Penal Code; or

(H) any other offense that results in a personal

injury to a victim and that is provided under:

(i) the Penal Code; or

(ii) a federal criminal law.

Art. 59A.002. PURPOSE. The purpose of this chapter is to:

(1) deter criminal activity by reducing the economic

incentives;

(2) increase the pecuniary loss that results from

engaging in criminal activity; and

(3) protect against the wrongful forfeiture of

property.

Art. 59A.003. CRIMINAL ASSET FORFEITURE; PROPERTY SUBJECT

TO FORFEITURE. (a) The convicting court may order a person

convicted of an offense subject to forfeiture to forfeit any:

(1) property the person derived from the commission of

the offense;

(2) property directly traceable to property derived

from the commission of the offense; or

(3) instrumentality the person used in the commission

of the offense.

(b) For purposes of this chapter, a person is considered

convicted if:

(1) a sentence is imposed on the person; or

(2) the person receives community supervision,

including deferred adjudication community supervision.

Art. 59A.004. EXEMPT PROPERTY. The following are exempt

from forfeiture:

(1) property that is homestead property;

(2) a motor vehicle valued at less than $10,000; and

(3) United States currency totaling $200 or less.

Art. 59A.005. CONTRABAND. A person may not have a property

interest in contraband. Contraband is subject to seizure and shall

be disposed of in accordance with state law. Contraband is not

subject to forfeiture under this chapter.

Art. 59A.006. CONVICTION REQUIRED; STANDARD OF PROOF. (a)

Property may be forfeited under this chapter only if:

(1) a person is convicted of an offense subject to

forfeiture; and

(2) the state establishes by clear and convincing

evidence that the applicable requirements of Articles 59A.003,

59A.004, and 59A.005 are met.

(b) This chapter does not prevent property from being

forfeited by plea agreement approved by the convicting court.

Art. 59A.007. SUBSTITUTION OF ASSETS. On the state's

motion following conviction, the convicting court may order the

forfeiture of substitute property owned by the defendant if the

state proves by a preponderance of the evidence that the defendant

intentionally transferred, sold, or deposited property with a third

party to avoid the court's jurisdiction. The value of substitute

property forfeited may not exceed the value of the property

transferred, sold, or deposited.

Art. 59A.008. NO JOINT AND SEVERAL LIABILITY. A defendant

convicted of an offense subject to forfeiture is not jointly and

severally liable for a forfeiture award owed by any other

defendant. If ownership is unknown, the convicting court may order

each defendant to forfeit property on a pro rata basis or by other

equitable means.

Art. 59A.009. SEIZURE OF PERSONAL PROPERTY WITH PROCESS.

At the request of the state made at any time, a court may issue an ex

parte preliminary order to seize or secure personal property for

which forfeiture is sought and to provide for its custody.

Art. 59A.010. SEIZURE OF PERSONAL PROPERTY WITHOUT PROCESS.

Personal property subject to forfeiture may be seized at any time

without a court order if:

(1) the seizure is incident to a lawful arrest or

search;

(2) the personal property has been the subject of a

previous judgment in favor of the state; or

(3) the law enforcement agency seizing the property

has probable cause to believe that:

(A) the seizure is immediately necessary to

prevent the removal or destruction of the personal property; and

(B) the personal property is forfeitable under

this chapter.

Art. 59A.011. SEIZURE OF REAL PROPERTY WITH PROCESS. (a)

Real property may be seized only under a court order. A court may

issue an order to seize or secure real property for which forfeiture

is sought only after the property owners are provided notice and an

opportunity for a contested hearing to determine the sufficiency of

the probable cause for the seizure.

(b) This article does not prohibit the attorney

representing the state from seeking a lis pendens or restraining

order to prohibit the sale or destruction of the real property.

Art. 59A.012. RECEIPT. A law enforcement officer who

seizes property shall give an itemized receipt to the person

possessing the property, or in the absence of any person, leave a

receipt in the place where the property was found, if reasonably

possible.

Art. 59A.013. TITLE TO PROPERTY. (a) At the time of a

seizure or the issuance of a lis pendens or restraining order, the

state acquires provisional title to the seized property and may

hold and protect the property.

(b) Title to the property vests with the state on the date

the court orders the property to be forfeited and the vesting

relates back to the date the state acquired provisional title.

Title acquired under this subsection is subject to a claim by a

third party that is adjudicated as provided by this chapter.

Art. 59A.014. PRETRIAL HEARING REGARDING REPLEVIN. (a) In

this article, "claimant" means a person claiming an ownership

interest in property that has been seized under this chapter.

(b) Following a seizure of property subject to forfeiture, a

claimant has the right to a pretrial hearing to determine the

validity of the seizure.

(c) The claimant may claim, at any time on or before the 60th

day before the scheduled start of the trial of the related criminal

offense or as soon as otherwise practicable, the right to

possession of property by motion to the court to issue a writ of

replevin.

(d) The claimant must file a motion establishing the

validity of the alleged interest in the property.

(e) The court shall hear the motion not later than the 30th

day after the date the motion is filed.

(f) The state must file an answer showing probable cause for

the seizure or a cross motion not later than the 10th day before the

hearing on the claimant's motion.

(g) The court shall grant the claimant's motion if the court

finds that:

(1) the final judgment is likely to require the state

to return the property to the claimant;

(2) the property is not reasonably required to be held

for investigatory reasons; or

(3) the property is the only reasonable means for a

defendant to pay for legal representation in the forfeiture

proceeding or in the prosecution of the related criminal offense.

(h) At the court's discretion under Subsection (g)(3), the

court may order the return of funds or property sufficient for the

defendant to obtain legal counsel but less than the total amount

seized, and may require an accounting for the use of the returned

funds or property.

(i) Instead of ordering the issuance of the writ of

replevin, the court may order the state to give security or written

assurance for satisfaction of any judgment, including damages, that

may be rendered in the action or may order other appropriate relief.

Art. 59A.015. FORFEITURE PROCEEDING. A proceeding for the

forfeiture of property shall be held following the trial of the

related alleged offense. If the value of the property is less than

$10,000, the proceeding must be held before the judge only.

Art. 59A.016. PROPORTIONALITY HEARING. (a) At any time

following a determination of forfeiture by the trier of fact, the

defendant may petition the court to determine whether the

forfeiture is unconstitutionally excessive under the United States

Constitution or the Texas Constitution.

(b) The defendant has the burden of establishing by a

preponderance of the evidence that the forfeiture is grossly

disproportional to the seriousness of the offense. The hearing

must be held before the judge only.

(c) In determining whether the forfeiture of property is

unconstitutionally excessive, the court may consider all relevant

factors, including:

(1) the seriousness of the offense and its impact on

the community, including the duration of the activity and the harm

caused by the defendant;

(2) the extent to which the defendant participated in

the offense;

(3) the extent to which the property was used in

committing the offense;

(4) the sentence imposed for the offense; and

(5) whether the offense was completed or attempted.

(d) In determining the value of the property subject to

forfeiture, the court may consider all relevant factors, including:

(1) the fair market value of the property;

(2) the value of the property to the defendant,

including hardship to the defendant if the court orders the

property to be forfeited; and

(3) the hardship to a defendant's family member or

other person from the loss of a primary residence, motor vehicle, or

other property if the court orders the property to be forfeited.

(e) The court may not consider the value of the property to

the state in determining whether the forfeiture of property is

unconstitutionally excessive.

Art. 59A.017. SECURITY INTEREST. A bona fide security

interest is not subject to forfeiture unless the person claiming

the security interest had actual knowledge that the property was

subject to forfeiture at the time the security interest was

created. A person claiming a security interest must establish the

validity of the interest by a preponderance of the evidence.

Art. 59A.018. INNOCENT OWNER. (a) The property of an

innocent owner may not be forfeited.

(b) A person who has an ownership interest in property

subject to forfeiture that existed at the time of the conduct giving

rise to the forfeiture and who claims to be an innocent owner must

show that the person has a legal right, title, or interest in the

property seized under this chapter. If the person shows legal

right, title, or interest in the property, the state must prove by a

preponderance of the evidence that the person had actual or

constructive knowledge of the underlying offense giving rise to the

forfeiture. A person is presumed to have constructive knowledge of

the underlying offense if the person is a family or household member

of the defendant alleged to have committed or convicted of the

underlying offense and if the defendant, during the 10 years

preceding the underlying offense, was convicted three or more times

for the same or a similar offense.

(c) A person who, after the commission of an offense giving

rise to the forfeiture, acquired an ownership interest in property

subject to forfeiture and who claims to be an innocent owner must

show that the person has legal right, title, or interest in the

property seized under this chapter. If the person shows legal

right, title, or interest in the property, the state must prove by a

preponderance of the evidence that at the time the person acquired

the property, the person:

(1) had actual or constructive knowledge that the

property was subject to forfeiture; or

(2) did not purchase the property for valuable

consideration without notice of any defect in title.

(d) A person is presumed to have constructive knowledge that

the property was subject to forfeiture if:

(1) the person:

(A) acquired the property from the defendant

alleged to have committed or convicted of the underlying offense;

and

(B) is a family or household member of the

defendant; and

(2) the defendant, during the 10-year period preceding

the underlying offense, was convicted three or more times for the

same or a similar offense.

(e) If the state fails to meet its burden in Subsection (b)

or (c), the court shall find that the person is an innocent owner

and shall order the state to relinquish all claims of title to the

property.

Art. 59A.019. APPEAL. A party to forfeiture litigation may

appeal the court's decision regarding the seizure, forfeiture, and

distribution of property under this chapter.

Art. 59A.020. DISPOSITION OF PROPERTY AND PROCEEDS. (a) If

abandoned property held for evidentiary purposes is no longer

needed for that purpose, the court may order that the property be

delivered, not later than the 30th day after the date of the order,

to the county treasurer in the county in which the property was

abandoned.

(b) If contraband held for evidentiary purposes is no longer

needed for that purpose, the court may order that the contraband be

destroyed not later than the 30th day after the date of the order.

(c) If property is forfeited under this chapter, the court

may order that the property be delivered, not later than the 30th

day after the date of the order, to the county treasurer in the

county in which the property was seized.

(d) All abandoned property shall be delivered to the county

treasurer in the county in which the property was abandoned.

(e) A county treasurer who receives forfeited or abandoned

property under this article shall dispose of the property, other

than currency, at public auction. The auction proceeds and

forfeited currency first shall be used to pay all outstanding

recorded liens on the forfeited property, and then shall be used to

comply with any court order regarding the payment of expenses.

(f) On the court's own motion or on the motion of any party,

the court may order that a portion of the currency seized or of the

proceeds from the public auction of property be used to pay

reasonable expenses for the seizure, storage, and maintenance or

custody of any forfeited items, other than expenses for personnel.

(g) The county treasurer shall, after making payments

required by Subsections (e) and (f), deposit any remaining money

into the county's general fund.

Art. 59A.021. PROHIBITION ON RETAINING PROPERTY; SALE

RESTRICTIONS. A law enforcement agency may not:

(1) retain forfeited or abandoned property for the

agency's use; or

(2) sell forfeited or abandoned property directly or

indirectly to:

(A) an employee of the agency;

(B) a person related to an employee by

consanguinity or affinity; or

(C) another law enforcement agency.

Art. 59A.022. REPORTING. (a) Not later than February 1 of

each year, each law enforcement agency shall report to the

department the following information regarding seizures by the

agency for which, during the preceding calendar year, a forfeiture

order was issued under this chapter or the property was otherwise

forfeited under applicable federal law:

(1) the total number of forfeitures of currency;

(2) the total number of forfeitures and the number of

items of property forfeited according to categories specified by

the department;

(3) the total market value of each category of

property forfeited;

(4) the total number of occurrences of each type of

offense underlying the forfeitures, including offenses involving

controlled substances and driving while intoxicated; and

(5) any other information required by the department.

(b) The department shall prescribe a standardized form and

provide for electronic submission of the report required under

Subsection (a).

(c) A law enforcement agency shall file with the department

separate reports for forfeitures completed under this chapter and

federal law. If a law enforcement agency did not engage in a

seizure that resulted in forfeiture during the reporting period,

the agency shall file a report indicating that fact.

(d) Not later than April 1 of each year, the department

shall:

(1) issue an aggregate report of all forfeitures in

the state; and

(2) make the reports submitted by law enforcement

agencies and the department's aggregate report available on the

department's Internet website.

Art. 59A.023. RETURN OF PROPERTY; DAMAGES; COSTS. (a) A

law enforcement agency that holds property under this chapter shall

return the property to the owner not later than the fifth day after

the date:

(1) the court finds that the owner had a bona fide

security interest;

(2) the court finds that the owner was an innocent

owner;

(3) the owner is acquitted of the offense that is the

basis of the forfeiture proceeding; or

(4) the criminal charge against the owner that is the

basis of the forfeiture proceeding is dismissed.

(b) The law enforcement agency that holds the property is

responsible for all damages, storage fees, and related costs

applicable to property returned under Subsection (a).

Art. 59A.024. EFFECT OF OVERTURNED CONVICTION; PAYMENT TO

DEFENDANT. (a) If a defendant's conviction for an offense

underlying a forfeiture under this chapter is reversed, set aside,

or vacated on appeal, the defendant is entitled to recover any money

deposited in the county's general fund under Article 59A.020(g) as

a result of the disposition of the defendant's forfeited property.

The county shall pay to the defendant the deposited amount on the

91st day after the applicable date as follows:

(1) the date the conviction is reversed, set aside, or

vacated, if the attorney representing the state does not file:

(A) an appeal of the ruling that reversed, set

aside, or vacated the conviction; or

(B) a written notice with the court of the

attorney's intention to proceed with a new trial;

(2) the date a ruling described by Subdivision (1)(A)

is affirmed on appeal; or

(3) the date the attorney representing the state files

the notice described by Subdivision (1)(B), if the new trial has not

commenced.

(b) For purposes of this chapter, the outcome of a new trial

shall be treated in the same manner as any other conviction.

Art. 59A.025. CIVIL FORFEITURE FOR CERTAIN PROPERTY. (a)

Notwithstanding any other provision of this chapter, property is

subject to forfeiture under this article, regardless of whether a

person has been convicted of an offense subject to forfeiture in

connection with the property, if:

(1) the property was:

(A) seized with probable cause that it was

involved in the commission of a felony; or

(B) obtained, directly or indirectly, through

the commission of a felony; and

(2) the property owner:

(A) has not claimed the property or asserted any

interest in the property; or

(B) is unavailable.

(b) For purposes of Subsection (a)(2)(B), a property owner

is unavailable if the owner is deceased or, after the owner is

indicted for the felony offense or after a warrant has been issued

for the arrest of the owner in connection with the offense, the

owner is:

(1) outside the state and unable to be extradited to

this state for prosecution; or

(2) unable to be located after reasonable efforts by

law enforcement authorities.

(c) The attorney representing the state may bring a

forfeiture proceeding under this article by filing a complaint in a

district court in the county in which the property was seized. The

complaint must state facts that show the property is subject to

forfeiture under Subsection (a).

(d) A forfeiture proceeding under this article shall

proceed to trial in the same manner as in other civil cases. The

state has the burden of proving by a preponderance of the evidence

that property is subject to forfeiture under Subsection (a).

Art. 59A.026. TRANSFER OF FORFEITABLE PROPERTY TO FEDERAL

GOVERNMENT. A law enforcement agency or attorney representing the

state may not directly or indirectly transfer seized property to

any federal law enforcement authority or other federal agency

unless:

(1) the value of the seized property exceeds $50,000;

and

(2) the attorney representing the state determines

that:

(A) the activity giving rise to the investigation

or seizure is interstate in nature and sufficiently complex to

justify the transfer; or

(B) the seized property may only be forfeited

under federal law.

SECTION 2. Section 72.051(a), Business & Commerce Code, is

amended to read as follows:

(a) In this section, "law enforcement agency" means an

agency of the state or an agency of a political subdivision of the

state authorized by law to employ peace officers [ has the meaning

assigned by Article 59.01, Code of Criminal Procedure ].

SECTION 3. Section 140A.111, Civil Practice and Remedies

Code, is amended to read as follows:

Sec. 140A.111. PREVIOUSLY SEIZED ASSETS. Notwithstanding

another provision of this chapter, no remedies provided by this

chapter may be assessed against proceeds[ , contraband, ] or [ other ]

property over which a law enforcement agency has previously

asserted jurisdiction under Chapter 59A [ 59 ], Code of Criminal

Procedure, at the time a suit under this chapter was filed.

SECTION 4. Section 140B.003, Civil Practice and Remedies

Code, is amended to read as follows:

Sec. 140B.003. PREVIOUSLY SEIZED ASSETS. Notwithstanding

any other provision of this chapter, a remedy provided by this

chapter may not be assessed against, and the attorney general may

not claim or pursue in an action brought under this chapter, any

proceeds[ , contraband, ] or [ other ] property of any kind over which

a law enforcement authority has previously asserted jurisdiction

under Chapter 59A [ 59 ], Code of Criminal Procedure, at the time an

action under this chapter was filed.

SECTION 5. Section 140B.152(c), Civil Practice and Remedies

Code, is amended to read as follows:

(c) If a forfeiture action is filed by the attorney general,

any money obtained by the attorney general under this section shall

be deposited into an escrow account [ in the same manner described by

Article 59.06(k)(3), Code of Criminal Procedure, and may be

expended for the purposes and in the manner authorized by that

section ]. The money in the account is available to satisfy a

judgment against a person who engaged in conduct constituting an

offense under Section 72.02, 72.03, or 72.04, Penal Code, in favor

of the victim of the conduct if the judgment is for damages that

were incurred by the victim and caused by the conduct. The attorney

general shall transfer any money in the account that has not been

ordered paid to a victim in satisfaction of a judgment to the

compensation to victims of crime fund on the fifth anniversary of

the date the account was established. In this subsection, "victim"

has the meaning assigned by Article 56B.003, Code of Criminal

Procedure.

SECTION 6. Article 18.01(g), Code of Criminal Procedure, is

amended to read as follows:

(g) A search warrant may not be issued under Article

18.02(a)(12) unless the sworn affidavit required by Subsection (b)

of this article sets forth sufficient facts to establish probable

cause that a specific felony offense has been committed and that the

specifically described property or items that are to be searched

for or seized are subject to forfeiture under Chapter 59A

[ constitute contraband as defined in Article 59.01 of this code ]

and are located at or on the particular person, place, or thing to

be searched.

SECTION 7. Article 18.02(a), Code of Criminal Procedure, is

amended to read as follows:

(a) A search warrant may be issued to search for and seize:

(1) property acquired by theft or in any other manner

which makes its acquisition a penal offense;

(2) property specially designed, made, or adapted for

or commonly used in the commission of an offense;

(3) arms and munitions kept or prepared for the

purposes of insurrection or riot;

(4) weapons prohibited by the Penal Code;

(5) gambling devices or equipment, altered gambling

equipment, or gambling paraphernalia;

(6) obscene materials kept or prepared for commercial

distribution or exhibition, subject to the additional rules set

forth by law;

(7) a drug, controlled substance, immediate

precursor, chemical precursor, or other controlled substance

property, including an apparatus or paraphernalia kept, prepared,

or manufactured in violation of the laws of this state;

(8) any property the possession of which is prohibited

by law;

(9) implements or instruments used in the commission

of a crime;

(10) property or items, except the personal writings

by the accused, constituting evidence of an offense or constituting

evidence tending to show that a particular person committed an

offense;

(11) persons;

(12) property [ contraband ] subject to forfeiture

under Chapter 59A [ 59 of this code ];

(13) electronic customer data held in electronic

storage, including the contents of and records and other

information related to a wire communication or electronic

communication held in electronic storage; or

(14) a cellular telephone or other wireless

communications device, subject to Article 18.0215.

SECTION 8. Articles 18.19(c), (d-1), and (e), Code of

Criminal Procedure, are amended to read as follows:

(c) If there is no prosecution or conviction for an offense

involving the weapon seized, the magistrate to whom the seizure was

reported shall, before the 61st day after the date the magistrate

determines that there will be no prosecution or conviction, notify

in writing the person found in possession of the weapon that the

person is entitled to the weapon upon written request to the

magistrate. The magistrate shall order the weapon returned to the

person found in possession before the 61st day after the date the

magistrate receives a request from the person. If the weapon is not

requested before the 61st day after the date of notification, the

magistrate shall, before the 121st day after the date of

notification, order the weapon destroyed, sold at public sale by

the law enforcement agency holding the weapon or by an auctioneer

licensed under Chapter 1802, Occupations Code, or forfeited to the

state for use by the law enforcement agency holding the weapon or by

a county forensic laboratory designated by the magistrate. If the

magistrate does not order the return, destruction, sale, or

forfeiture of the weapon within the applicable period prescribed by

this subsection, the law enforcement agency holding the weapon may

request an order of destruction, sale, or forfeiture of the weapon

from the magistrate. Only a firearms dealer licensed under 18

U.S.C. Section 923 may purchase a weapon at public sale under this

subsection. Proceeds from the sale of a seized weapon under this

subsection shall be transferred, after the deduction of court costs

and [ to which a district court clerk is entitled under Article

59.05(f), followed by the deduction of ] auction costs, to the law

enforcement agency holding the weapon.

(d-1) Only a firearms dealer licensed under 18 U.S.C.

Section 923 may purchase a weapon at public sale under Subsection

(d). Proceeds from the sale of a seized weapon under Subsection (d)

shall be transferred, after the deduction of court costs and [ to

which a district court clerk is entitled under Article 59.05(f),

followed by the deduction of ] auction costs, to the law enforcement

agency holding the weapon.

(e) If the person found in possession of a weapon is

convicted of an offense involving the use of the weapon, before the

61st day after the date of conviction the court entering judgment of

conviction shall order destruction of the weapon, sale at public

sale by the law enforcement agency holding the weapon or by an

auctioneer licensed under Chapter 1802, Occupations Code, or

forfeiture to the state for use by the law enforcement agency

holding the weapon or by a county forensic laboratory designated by

the court. If the court entering judgment of conviction does not

order the destruction, sale, or forfeiture of the weapon within the

period prescribed by this subsection, the law enforcement agency

holding the weapon may request an order of destruction, sale, or

forfeiture of the weapon from a magistrate. Only a firearms dealer

licensed under 18 U.S.C. Section 923 may purchase a weapon at public

sale under this subsection. Proceeds from the sale of a seized

weapon under this subsection shall be transferred, after the

deduction of court costs and [ to which a district court clerk is

entitled under Article 59.05(f), followed by the deduction of ]

auction costs, to the law enforcement agency holding the weapon.

SECTION 9. Article 47.01a(b), Code of Criminal Procedure,

is amended to read as follows:

(b) If it is shown in a hearing that probable cause exists to

believe that the property was acquired by theft or by another manner

that makes its acquisition an offense and that the identity of the

actual owner of the property cannot be determined, the court shall

order the peace officer to:

(1) deliver the property to a government agency for

official purposes;

(2) deliver the property for disposition under Article

59A.020 to the county treasurer of the county in which the property

was seized [ to a person authorized by Article 18.17 of this code to

receive and dispose of the property ]; or

(3) destroy the property.

SECTION 10. Article 47.06, Code of Criminal Procedure, is

amended to read as follows:

Art. 47.06. DISPOSITION OF PROPERTY [ SOLD ]. If the

property is not claimed before the end of the 30-day period

following [ within 30 days from ] the conviction of the person

accused of illegally acquiring the property [ it ], the property

shall be delivered for disposition under Article 59A.020 to the

county treasurer of the county in which the property was seized

[ same procedure for its disposition as set out in Article 18.17 of

this Code shall be followed ].

SECTION 11. Article 47.07, Code of Criminal Procedure, is

amended to read as follows:

Art. 47.07. OWNER MAY RECOVER. The real owner of the

property disposed of [ sold ] under the provisions of Article 47.06

may file a claim with the commissioners court of the county to

recover any money attributable to the property and deposited in the

county's general fund under Article 59A.020(g) [ such property under

the same terms as prescribed in Subsection (e) of Article 18.17 of

this Code ]. A claim by the real owner must be filed not later than

the 30th day after the date of disposition. If the claim is allowed

by the commissioners court, the county treasurer shall pay the

owner the amount deposited. If the claim is denied by the

commissioners court or if the court fails to act on the claim before

the 91st day after the date the claim was filed, the claimant may

sue the county treasurer in a court of competent jurisdiction in the

county and, on sufficient proof of ownership, recover judgment

against the county for the amount deposited.

SECTION 12. Section 51.406(c), Education Code, is amended

to read as follows:

(c) A rule or policy of a state agency, including the Texas

Higher Education Coordinating Board, in effect on June 1, 2011,

that requires reporting by a university system or an institution of

higher education has no effect on or after September 1, 2013, unless

the rule or policy is affirmatively and formally readopted before

that date by formal administrative rule published in the Texas

Register and adopted in compliance with Chapter 2001, Government

Code. This subsection does not apply to:

(1) a rule or policy for which the authorizing statute

is listed in Subsection (b);

(2) a rule or policy for which the authorizing statute

is repealed on or before September 1, 2013, by legislation enacted

by the legislature that becomes law; or

(3) a report required under any of the following

provisions:

(A) [ Article 59.06(g)(1), Code of Criminal

Procedure;

[ (B) ] Section 51.005;

(B) [ (C) ] Section 51.0051;

(C) [ (D) ] Subchapter F-1 of this chapter;

(D) [ (E) ] Section 51.402;

(E) [ (F) ] Section 56.039;

(F) [ (G) ] Section 61.059;

(G) [ (H) ] Section 62.098;

(H) [ (I) ] Section 411.187(b), Government Code;

(I) [ (J) ] Subchapter C, Chapter 606, Government

Code;

(J) [ (K) ] Subchapter E, Chapter 815, Government

Code; or

(K) [ (L) ] Chapter 1551, Insurance Code.

SECTION 13. Section 96.641(j), Education Code, is amended

to read as follows:

(j) As part of the initial training and continuing education

for police chiefs required under this section, the institute shall

establish a program on asset forfeiture under Chapter 59A [ 59 ],

Code of Criminal Procedure. The program must include an

examination of the best practices for educating peace officers

about asset forfeiture and monitoring peace officers' compliance

with laws relating to asset forfeiture.

SECTION 14. Section 157.317(a), Family Code, is amended to

read as follows:

(a) A child support lien attaches to all real and personal

property not exempt under the Texas Constitution or other law,

including:

(1) an account in a financial institution;

(2) a retirement plan, including an individual

retirement account;

(3) the proceeds of an insurance policy, including the

proceeds from a life insurance policy or annuity contract and the

proceeds from the sale or assignment of life insurance or annuity

benefits, a claim for compensation, or a settlement or award for the

claim for compensation, due to or owned by the obligor;

(4) property seized and subject to forfeiture under

Chapter 59A [ 59 ], Code of Criminal Procedure; and

(5) the proceeds derived from the sale of oil or gas

production from an oil or gas well located in this state.

SECTION 15. Section 392.303, Finance Code, is amended by

amending Subsection (a) and adding Subsection (d) to read as

follows:

(a) In debt collection, a debt collector may not use unfair

or unconscionable means that employ the following practices:

(1) seeking or obtaining a written statement or

acknowledgment in any form that specifies that a consumer's

obligation is one incurred for necessaries of life if the

obligation was not incurred for those necessaries;

(2) collecting or attempting to collect interest or a

charge, fee, or expense incidental to the obligation unless the

interest or incidental charge, fee, or expense is expressly

authorized by the agreement creating the obligation or legally

chargeable to the consumer; or

(3) collecting or attempting to collect an obligation

under a check, draft, debit payment, or credit card payment, if:

(A) the check or draft was dishonored or the

debit payment or credit card payment was refused because the check

or draft was not drawn or the payment was not made by a person

authorized to use the applicable account;

(B) the debt collector has received written

notice from a person authorized to use the account that the check,

draft, or payment was unauthorized; and

(C) the person authorized to use the account has

filed a report concerning the unauthorized check, draft, or payment

with a law enforcement agency [ , as defined by Article 59.01, Code

of Criminal Procedure, ] and has provided the debt collector with a

copy of the report.

(d) In this section, "law enforcement agency" means an

agency of the state or an agency of a political subdivision of the

state authorized by law to employ peace officers.

SECTION 16. Section 45.193(d), Government Code, is amended

to read as follows:

(d) The county attorney has no power, duty, or privilege in

Grimes County relating to criminal matters, including asset

forfeitures under Chapter 59A [ 59 ], Code of Criminal Procedure,

appearance bond forfeitures under Chapter 17, Code of Criminal

Procedure, and habeas corpus related to criminal matters.

SECTION 17. Section 54.2205(a), Government Code, is amended

to read as follows:

(a) The judge of a district court or county court at law or a

justice of the peace may refer to a magistrate any case or matter

relating to a case for proceedings involving:

(1) a negotiated plea of guilty or no contest and

sentencing before the court;

(2) a bond forfeiture, remittitur, and related

proceedings;

(3) a pretrial motion;

(4) a writ of habeas corpus;

(5) an examining trial;

(6) an occupational driver's license;

(7) a petition for an order of expunction under

Chapter 55A, Code of Criminal Procedure;

(8) a [ an asset ] forfeiture proceeding [ hearing ] as

provided by Chapter 59A [ 59 ], Code of Criminal Procedure;

(9) a petition for an order of nondisclosure of

criminal history record information or an order of nondisclosure of

criminal history record information that does not require a

petition provided by Subchapter E-1, Chapter 411;

(10) a motion to modify or revoke community

supervision or to proceed with an adjudication of guilt;

(11) setting conditions, modifying, revoking, and

surrendering of bonds, including surety bonds;

(12) specialty court proceedings;

(13) a waiver of extradition;

(14) selection of a jury; and

(15) any other matter the judge or justice of the peace

considers necessary and proper.

SECTION 18. Section 54.2405(a), Government Code, is amended

to read as follows:

(a) The judge of a district court or county court at law or a

justice of the peace may refer to a magistrate any case or matter

relating to a case for proceedings involving:

(1) a negotiated plea of guilty or no contest and

sentencing before the court;

(2) a bond forfeiture, remittitur, and related

proceedings;

(3) a pretrial motion;

(4) a writ of habeas corpus;

(5) an examining trial;

(6) an occupational driver's license;

(7) a petition for an order of expunction under

Chapter 55A, Code of Criminal Procedure;

(8) a [ an asset ] forfeiture proceeding [ hearing ] as

provided by Chapter 59A [ 59 ], Code of Criminal Procedure;

(9) a petition for an order of nondisclosure of

criminal history record information or an order of nondisclosure of

criminal history record information that does not require a

petition provided by Subchapter E-1, Chapter 411;

(10) a motion to modify or revoke community

supervision or to proceed with an adjudication of guilt;

(11) setting conditions, modifying, revoking, and

surrendering of bonds, including surety bonds;

(12) specialty court proceedings;

(13) a waiver of extradition;

(14) selection of a jury; and

(15) any other matter the judge or justice of the peace

considers necessary and proper.

SECTION 19. Section 54.2606(a), Government Code, is amended

to read as follows:

(a) A judge may refer to a magistrate any criminal case or

matter relating to a criminal case for proceedings involving:

(1) a negotiated plea of guilty or no contest and

sentencing before the court;

(2) a bond forfeiture, remittitur, and related

proceedings;

(3) a pretrial motion;

(4) a writ of habeas corpus;

(5) an examining trial;

(6) an occupational driver's license;

(7) a petition for an order of expunction under

Chapter 55A, Code of Criminal Procedure;

(8) a [ an asset ] forfeiture proceeding [ hearing ] as

provided by Chapter 59A [ 59 ], Code of Criminal Procedure;

(9) a petition for an order of nondisclosure of

criminal history record information or an order of nondisclosure of

criminal history record information that does not require a

petition provided by Subchapter E-1, Chapter 411;

(10) a motion to modify or revoke community

supervision or to proceed with an adjudication of guilt [ guilty ];

(11) setting conditions, modifying, revoking, and

surrendering of bonds, including surety bonds;

(12) specialty court proceedings;

(13) a waiver of extradition; and

(14) any other matter the judge considers necessary

and proper.

SECTION 20. Section 54.2811(a), Government Code, is amended

to read as follows:

(a) A district court judge with jurisdiction in Denton

County, the judge of a criminal statutory county court of Denton

County, or the judge of the juvenile court of Denton County may

refer to the criminal law magistrate court the following matters in

a criminal case:

(1) a negotiated plea of guilty or no contest before

the court;

(2) a bond forfeiture, remittitur, and related

proceedings;

(3) a pretrial motion;

(4) a writ of habeas corpus;

(5) an examining trial;

(6) jury selection;

(7) an occupational driver's license;

(8) a waiver of extradition or a related matter under

Chapter 51, Code of Criminal Procedure;

(9) the issuance of search warrants, including a

search warrant under Article 18.02(a)(10), Code of Criminal

Procedure, notwithstanding Article 18.01(c), Code of Criminal

Procedure;

(10) a petition for an order of expunction under

Chapter 55A [ 55 ], Code of Criminal Procedure;

(11) a [ an asset ] forfeiture proceeding [ hearing ] as

provided by Chapter 59A [ 59 ], Code of Criminal Procedure;

(12) a civil commitment matter under Subtitle C, Title

7, Health and Safety Code;

(13) setting, adjusting, or revoking bond;

(14) the conduct of initial juvenile detention

hearings or any other matter in a juvenile case if referred by the

judge of the juvenile court of the county and approved by the Denton

County Juvenile Board; and

(15) any other matter the judge considers necessary

and proper.

SECTION 21. Section 54.656(a), Government Code, is amended

to read as follows:

(a) A judge may refer to a magistrate any criminal case or

matter relating to a criminal case for proceedings involving:

(1) a negotiated plea of guilty or nolo contendere and

sentencing before the court;

(2) a bond forfeiture, remittitur, and related

proceedings;

(3) a pretrial motion;

(4) a writ of habeas corpus;

(5) an examining trial;

(6) an occupational driver's license;

(7) a petition for an order of expunction under

Chapter 55A, Code of Criminal Procedure;

(8) a [ an asset ] forfeiture proceeding [ hearing ] as

provided by Chapter 59A [ 59 ], Code of Criminal Procedure;

(9) a petition for an order of nondisclosure of

criminal history record information or an order of nondisclosure of

criminal history record information that does not require a

petition provided by Subchapter E-1, Chapter 411;

(10) a motion to modify or revoke community

supervision or to proceed with an adjudication of guilt;

(11) setting conditions, modifying, revoking, and

surrendering of bonds, including surety bonds;

(12) specialty court proceedings;

(13) a waiver of extradition; and

(14) any other matter the referring judge considers

necessary and proper.

SECTION 22. Section 2007.003(b), Government Code, is

amended to read as follows:

(b) This chapter does not apply to the following

governmental actions:

(1) an action by a municipality except as provided by

Subsection (a)(3);

(2) a lawful forfeiture or seizure of property under

Chapter 59A [ contraband as defined by Article 59.01 ], Code of

Criminal Procedure;

(3) a lawful seizure of property as evidence of a crime

or violation of law;

(4) an action, including an action of a political

subdivision, that is reasonably taken to fulfill an obligation

mandated by federal law or an action of a political subdivision that

is reasonably taken to fulfill an obligation mandated by state law;

(5) the discontinuance or modification of a program or

regulation that provides a unilateral expectation that does not

rise to the level of a recognized interest in private real property;

(6) an action taken to prohibit or restrict a

condition or use of private real property if the governmental

entity proves that the condition or use constitutes a public or

private nuisance as defined by background principles of nuisance

and property law of this state;

(7) an action taken out of a reasonable good faith

belief that the action is necessary to prevent a grave and immediate

threat to life or property;

(8) a formal exercise of the power of eminent domain;

(9) an action taken under a state mandate to prevent

waste of oil and gas, protect correlative rights of owners of

interests in oil or gas, or prevent pollution related to oil and gas

activities;

(10) a rule or proclamation adopted for the purpose of

regulating water safety, hunting, fishing, or control of

nonindigenous or exotic aquatic resources;

(11) an action taken by a political subdivision:

(A) to regulate construction in an area

designated under law as a floodplain;

(B) to regulate on-site sewage facilities;

(C) under the political subdivision's

[ subdivisions's ] statutory authority to prevent waste or protect

rights of owners of interest in groundwater; or

(D) to prevent subsidence;

(12) the appraisal of property for purposes of ad

valorem taxation;

(13) an action that:

(A) is taken in response to a real and

substantial threat to public health and safety;

(B) is designed to significantly advance the

health and safety purpose; and

(C) does not impose a greater burden than is

necessary to achieve the health and safety purpose; or

(14) an action or rulemaking undertaken by the Public

Utility Commission of Texas to order or require the location or

placement of telecommunications equipment owned by another party on

the premises of a certificated local exchange company.

SECTION 23. Section 481.159(a), Health and Safety Code, is

amended to read as follows:

(a) If a district court orders the forfeiture of a

controlled substance property or plant under the [ Chapter 59, ] Code

of Criminal Procedure[ , ] or under this code, the court shall also

order a law enforcement agency or a criminal justice agency to which

the law enforcement agency transferred the property or plant for

analysis and storage to:

(1) retain the property or plant for official law

enforcement purposes, including use in the investigation of

offenses under this code;

(2) deliver the property or plant to a government

agency for official purposes;

(3) deliver the property or plant to a person

authorized by the court to receive it;

(4) deliver the property or plant to a person

authorized by the director to receive it; or

(5) destroy the property or plant that is not

otherwise disposed of in the manner prescribed by this subchapter.

SECTION 24. Section 481.160(a), Health and Safety Code, is

amended to read as follows:

(a) If a controlled substance property or plant is forfeited

under this code or under the [ Chapter 59, ] Code of Criminal

Procedure, the law enforcement agency that seized the property or

plant or to which the property or plant is forfeited or a criminal

justice agency to which the law enforcement agency transferred the

property or plant for analysis and storage may summarily destroy

the property or plant without a court order, or otherwise dispose of

the property or plant in lieu of destruction in accordance with

Section 481.161, before the disposition of a case arising out of the

forfeiture if the agency ensures that:

(1) at least five random and representative samples

are taken from the total amount of the property or plant and a

sufficient quantity is preserved to provide for discovery by

parties entitled to discovery;

(2) photographs are taken that reasonably depict the

total amount of the property or plant; and

(3) the gross weight or liquid measure of the property

or plant is determined, either by actually weighing or measuring

the property or plant or by estimating its weight or measurement

after making dimensional measurements of the total amount seized.

SECTION 25. Section 573.0001(2), Health and Safety Code, is

amended to read as follows:

(2) "Law enforcement agency" means an agency of the

state or an agency of a political subdivision of the state

authorized by law to employ peace officers [ has the meaning

assigned by Article 59.01, Code of Criminal Procedure ].

SECTION 26. Section 113.008(g), Local Government Code, is

amended to read as follows:

(g) Subsections (b-1) and (f)(2) do not apply to a special

fund administered by an attorney representing the state under

Chapter 18 or [ , ] 47, [ or 59, ] Code of Criminal Procedure.

SECTION 27. Section 1701.253(g), Occupations Code, is

amended to read as follows:

(g) As part of the minimum curriculum requirements, the

commission shall establish a statewide comprehensive education and

training program on criminal asset forfeiture under Chapter 59A

[ 59 ], Code of Criminal Procedure, for officers licensed under this

chapter.

SECTION 28. Section 37.08(b), Penal Code, is amended to

read as follows:

(b) In this section, "law enforcement agency" means an

agency of the state or an agency of a political subdivision of the

state authorized by law to employ peace officers [ has the meaning

assigned by Article 59.01, Code of Criminal Procedure ].

SECTION 29. Section 38.152(c)(3), Penal Code, is amended to

read as follows:

(3) "Law enforcement agency" means an agency of the

state or an agency of a political subdivision of the state

authorized by law to employ peace officers [ has the meaning

assigned by Article 59.01, Code of Criminal Procedure ].

SECTION 30. The following provisions are repealed:

(1) Section 140A.102(h), Civil Practice and Remedies

Code;

(2) Article 18.17, Code of Criminal Procedure;

(3) Chapter 59, Code of Criminal Procedure;

(4) Sections 24.377(c), 54.2205(b), 54.2405(b),

54.2606(b), and 54.656(b), Government Code;

(5) Section 365.012(i), Health and Safety Code; and

(6) Sections 12.101(1) and (2), 12.1106, 61.0221, and

62.017, Parks and Wildlife Code.

SECTION 31. (a) Except as provided by Subsection (b) of

this section, on the effective date of this Act, any property in the

possession of a law enforcement agency, game warden, or attorney

representing the state, that was seized under Chapter 59, Code of

Criminal Procedure, or Section 12.1106, 61.0221, or 62.017, Parks

and Wildlife Code, and that has not been ordered forfeited to the

state by a court, must be returned to the person from whom the

property was seized.

(b) Property that is evidence in the investigation or

prosecution of a criminal offense is not required to be returned

under Subsection (a) of this section until the disposition of all

charges relating to the offense.

SECTION 32. The repeal by this Act of Article 18.17, Code of

Criminal Procedure, does not apply to abandoned or unclaimed

property seized before the effective date of this Act, and the

former Article 18.17 is continued in effect for the purposes of the

disposition of property described by this section.

SECTION 33. This Act takes effect September 1, 2025.