Bill Text: TX HB1392 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the use of an electronic recovery and access to data prepaid card reader to seize forfeitable property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-29 - Withdrawn from schedule [HB1392 Detail]
Download: Texas-2017-HB1392-Introduced.html
| 85R6193 MEW-D | ||
| By: Thompson of Harris | H.B. No. 1392 | |
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| relating to the use of an electronic recovery and access to data | ||
| prepaid card reader to seize forfeitable property. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 59, Code of Criminal Procedure, is | ||
| amended by adding Article 59.035 to read as follows: | ||
| Art. 59.035. SEIZURE OF MONEY BY ELECTRONIC RECOVERY AND | ||
| ACCESS TO DATA PREPAID CARD READER PROHIBITED. (a) In this article: | ||
| (1) "Debit card" has the meaning assigned by Section | ||
| 502.001, Business & Commerce Code. | ||
| (2) "Electronic recovery and access to data prepaid | ||
| card reader" means a handheld device that uses wireless | ||
| connectivity to check the balance of a debit card or stored value | ||
| card. | ||
| (3) "Stored value card" has the meaning assigned by | ||
| Section 604.001, Business & Commerce Code. | ||
| (b) A law enforcement agency may not use an electronic | ||
| recovery and access to data prepaid card reader to seize from a | ||
| stored value card or a depository account funds that are subject to | ||
| forfeiture under this chapter unless the seizure is authorized by a | ||
| search or seizure warrant. | ||
| SECTION 2. This Act takes effect September 1, 2017. | ||
