85R4166 MAW-F
	By: Thompson of Harris	H.B. No. 1364

	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 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 the state Medicaid
	program;
	(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 (Article 581-1 et
	seq., Vernon's Texas Civil Statutes);
	(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, 42.10,
	46.06(a)(1), or 46.14, Penal Code;
	(iii)  Chapter 71, Penal Code; or
	(iv)  Section 550.021, Transportation Code;
	or
	(G)  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;
	(3)  protect against the wrongful forfeiture of
	property; and
	(4)  except as provided by Article 59A.026, ensure that
	only criminal forfeiture is allowed in this state.
	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 ADDITIONAL REMEDIES.  The state may not
	seek a money judgment against the defendant or any other remedy not
	provided by this chapter.
	Art. 59A.009.  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.010.  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.011.  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.012.  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.013.  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.014.  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.015.  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.016.  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.017.  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.018.  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 property was seized under this
	chapter. A person claiming a security interest must establish the
	validity of the interest by a preponderance of the evidence.
	Art. 59A.019.  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 years 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.020.  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.021.  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.022.  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.023.  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.024.  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.025.  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.021(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.026.  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.027.  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.013, Civil Practice and Remedies
	Code, is amended to read as follows:
	Sec. 140A.013.  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 [Subdivision
	(12),] Article 18.02(a)(12) [18.02, of this code] 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 to the county treasurer of
	the county in which the property was seized for disposition under [a
	person authorized by] Article 59A.021 [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 to the county treasurer of the county in which
	the property was seized for disposition under Article 59A.021 [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.021(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 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; and
	(4)  property seized and subject to forfeiture under
	Chapter 59A [59], Code of Criminal Procedure.
	SECTION 11.  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 12.  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 13.  Section 54.656(a), Government Code, is amended
	to read as follows:
	(a)  A judge may refer to a magistrate any criminal case for
	proceedings involving:
	(1)  a negotiated plea of guilty before the court;
	(2)  a bond forfeiture;
	(3)  a pretrial motion;
	(4)  a postconviction writ of habeas corpus;
	(5)  an examining trial;
	(6)  an occupational driver's license;
	(7)  an agreed 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)  an agreed 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 hearing on a motion to revoke probation; and
	(11)  any other matter the judge considers necessary
	and proper.
	SECTION 14.  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 15.  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 to:
	(1)  retain the property or plant for its official
	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 16.  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 may summarily
	destroy the property or plant without a court order 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 17.  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 18.  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 19.  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 20.  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 21.  The following provisions are repealed:
	(1)  Section 140A.004(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) 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 22.  (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 Sections 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 23.  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 24.  This Act takes effect September 1, 2017.