88R19298 AJZ-D     By: Hefner H.B. No. 3659     Substitute the following for H.B. No. 3659:     By:  Moody C.S.H.B. No. 3659       A BILL TO BE ENTITLED   AN ACT   relating to civil asset forfeiture proceedings, to the seizure and   forfeiture of certain property, and to the reporting and   disposition of proceeds and property from civil asset forfeiture.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 59.02, Code of Criminal Procedure, is   amended by amending Subsection (a) and adding Subsection (a-1) to   read as follows:          (a)  Except as otherwise provided by Subsection (a-1),   property [Property] that is contraband is subject to seizure and   forfeiture under this chapter.          (a-1)(1)  Property that is contraband is not subject to   seizure and forfeiture under this chapter if the property:                      (A)  is not otherwise unlawful to possess; and                      (B)  has an aggregate value of less than $2,500.                (2)  For purposes of determining the aggregate value of   contraband under Subdivision (1), the owner or interest holder is   not required to have simultaneously owned or had an interest in all   of the property constituting contraband.                (3)  Subdivision (1) does not apply to money that is   used by law enforcement during an undercover criminal investigation   of an offense under Subchapter D, Chapter 481, Health and Safety   Code.          SECTION 2.  Article 59.021(d), Code of Criminal Procedure,   is amended to read as follows:          (d)  After seizure of the substitute property, the   disposition shall proceed as other cases in this chapter except   that the attorney representing the state must prove by clear and   convincing [a preponderance of the] evidence:                (1)  that the contraband described by Subsection (b)   was subject to seizure and forfeiture under this chapter;                (2)  the highest fair market value of that contraband   during the period in which the owner of the substitute property   owned, or had an interest in, the contraband;                (3)  the fair market value of the substitute property   at the time it was seized; and                (4)  that the owner of the substitute property owned or   had an interest in contraband with an aggregate value of $200,000 or   more in connection with the commission of an underlying offense   giving rise to the forfeiture.          SECTION 3.  Article 59.05(b), Code of Criminal Procedure, is   amended to read as follows:          (b)  All cases under this chapter shall proceed to trial in   the same manner as in other civil cases. The state has the burden of   proving by clear and convincing [a preponderance of the] evidence   that property is subject to forfeiture.          SECTION 4.  Chapter 59, Code of Criminal Procedure, is   amended by adding Article 59.063 to read as follows:          Art. 59.063.  UNIFORM REPORTING REQUIREMENT FOR LAW   ENFORCEMENT AGENCIES. (a) A law enforcement agency engaged in the   seizure, forfeiture, receipt, or expenditure of proceeds and   property under this chapter shall submit a monthly report to the   attorney general's office. The monthly report must:                (1)  include all of the information required by the   audit under Article 59.06(g)(1); and                 (2)  specify the number of seizures challenged or not   challenged by an owner or interest holder of the property.          (b)  Each law enforcement agency shall file the report   described by Subsection (a) covering the seizure, forfeiture,   receipt, or expenditure of proceeds and property under this chapter   by the agency during the preceding month. An agency that did not   engage in a seizure or forfeiture during the reporting period must   indicate that fact in the report.          (c)  The attorney general's office shall adopt a standard   form for the submission of a report under this section.          (d)  Subject to Subsection (e), the attorney general's   office shall publish on the office's Internet website a monthly   report that includes each agency's specific information submitted   to the office under this section. The report must also aggregate the   information by law enforcement agency and include the total value   of proceeds and property seized by all law enforcement agencies   during the reporting period.           (e)  The attorney general's report under Subsection (d) and   the Internet website may not include:                (1)  the name, address, contact information, or other   identifying information of an owner or interest holder of the   seized or forfeited property or of another individual or entity   involved in the forfeiture proceeding; or                (2)  the location, vehicle identification number, or   serial number of any seized or forfeited property.          SECTION 5.  Articles 59.02, 59.021, and 59.05, Code of   Criminal Procedure, as amended by this Act, apply only to a   forfeiture proceeding that begins on or after the effective date of   this Act. A forfeiture proceeding that begins before the effective   date of this Act is governed by the law in effect on the date the   proceeding begins, and the former law is continued in effect for   that purpose.          SECTION 6.   This Act takes effect September 1, 2023.