88R4511 MCF-F     By: Thompson of Harris H.B. No. 3758       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 Class A misdemeanor or any felony under   Section 545.420, Transportation Code, other than a Class A   misdemeanor that is classified as a Class A misdemeanor based   solely on conduct constituting a violation of Subsection (e)(2)(B)   of that section;                      (D)  a felony under:                            (i)  Chapter 151, 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);                      (E)  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;                      (F)  a Class B misdemeanor under Chapter 522,   Business & Commerce Code;                      (G)  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 550.021, Transportation 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.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 general fund of the county.          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.  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 5.  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 6.  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 7.  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 8.  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 9.  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 10.  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 62.095(b);                      (H) [(I)]  Section 62.098;                      (I) [(J)]  Section 411.187(b), Government Code;                      (J) [(K)]  Subchapter C, Chapter 606, Government   Code;                      (K) [(L)]  Subchapter E, Chapter 815, Government   Code; or                      (L) [(M)]  Chapter 1551, Insurance Code.          SECTION 11.  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 12.  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 13.  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 14.  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 15.  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 55, 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 16.  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 55, 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 17.  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 55, 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 18.  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 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 55, 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 judge considers necessary   and proper.          SECTION 19.  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 20.  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 21.  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 22.  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 23.  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 24.  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. An officer shall complete a program established under   this subsection not later than the second anniversary of the date   the officer is licensed under this chapter or the date the officer   applies for an intermediate proficiency certificate, whichever   date is earlier.          SECTION 25.  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 26.  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 27.  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 28.  (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 29.  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 30.  This Act takes effect September 1, 2023.