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AN ACT
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relating to authorizing the transfer of certain abandoned or |
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forfeited property to groundwater conservation districts. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Articles 59.06(b) and (b-2), Code of Criminal |
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Procedure, are amended to read as follows: |
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�������(b)��If a local agreement exists between the attorney |
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representing the state and law enforcement agencies, the attorney |
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representing the state may transfer the property to law enforcement |
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agencies to maintain, repair, use, and operate the property for |
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official purposes if the property is free of any interest of an |
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interest holder.��The agency receiving the forfeited property may |
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purchase the interest of an interest holder so that the property can |
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be released for use by the agency.��The agency receiving the |
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forfeited property may maintain, repair, use, and operate the |
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property with money appropriated for current operations.��If the |
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property is a motor vehicle subject to registration under the motor |
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vehicle registration laws of this state, the agency receiving the |
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forfeited vehicle is considered to be the purchaser and the |
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certificate of title shall issue to the agency.��A law enforcement |
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agency to which property is transferred under this subsection at |
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any time may transfer or loan the property to any other municipal or |
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county agency, a groundwater conservation district governed by |
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Chapter 36, Water Code, or [to] a school district for the use of |
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that agency or district.��A municipal or county agency, a |
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groundwater conservation district, or a school district to which a |
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law enforcement agency loans a motor vehicle under this subsection |
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shall maintain any automobile insurance coverage for the vehicle |
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that is required by law. |
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�������(b-2)��An agency that loans property under this article |
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shall: |
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�������������(1)��keep a record of the loan, including the name of |
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the agency or district to which the vehicle was loaned, the fair |
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market value of the vehicle, and where the receiving agency or |
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district will use the vehicle; and |
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�������������(2)��update the record when the information relating to |
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the vehicle changes. |
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�������SECTION�2.��Sections 683.016(a) and (b), Transportation |
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Code, are amended to read as follows: |
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�������(a)��The law enforcement agency that takes an abandoned motor |
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vehicle into custody that is not claimed under Section 683.012 may: |
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�������������(1)��use the vehicle for agency purposes; or |
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�������������(2)��transfer the vehicle to any other municipal or |
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county agency, a groundwater conservation district governed by |
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Chapter 36, Water Code, or a school district for the use of that |
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agency or district. |
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�������(b)��The law enforcement agency shall auction the vehicle as |
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provided by this subchapter if the law enforcement agency or the |
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municipal or county agency, groundwater conservation district, or |
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school district to which the vehicle was transferred under |
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Subsection (a) discontinues use of the vehicle. |
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�������SECTION�3.��Article 59.06, Code of Criminal Procedure, and |
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Section 683.016, Transportation Code, as amended by this Act, apply |
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to personal property seized or taken into custody on or after the |
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effective date of this Act. Personal property seized or taken into |
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custody before the effective date of this Act is governed by the law |
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in effect on the date the property is seized or taken into custody, |
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and the former law is continued in effect for that purpose. |
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�������SECTION�4.��This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 3140 was passed by the House on April |
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22, 2009, by the following vote:��Yeas 147, Nays 2, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 3140 was passed by the Senate on May |
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26, 2009, by the following vote:��Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate���� |
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APPROVED:��_____________________ |
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�������������������Date���������� |
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� |
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����������_____________________ |
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�����������������Governor������� |