Bill Text: TX HB1874 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the award of attorney's fees in a civil asset forfeiture proceeding.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2023-05-05 - Committee report sent to Calendars [HB1874 Detail]
Download: Texas-2023-HB1874-Comm_Sub.html
88R21463 AJZ-D | |||
By: Noble, Leach, et al. | H.B. No. 1874 | ||
Substitute the following for H.B. No. 1874: | |||
By: Moody | C.S.H.B. No. 1874 |
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relating to the award of attorney's fees in a civil asset forfeiture | ||
proceeding. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 59.05, Code of Criminal Procedure, is | ||
amended by adding Subsection (h) to read as follows: | ||
(h) Notwithstanding any other law, after the commencement | ||
of discovery in a forfeiture proceeding under this chapter, and on | ||
the court's determination that the property or an interest in the | ||
property is not subject to forfeiture under this chapter, the court | ||
shall enter an order requiring the law enforcement agency | ||
responsible for seizing the property to reimburse the applicable | ||
owner or interest holder for reasonable attorney's fees calculated | ||
in accordance with the attorney's fees schedule promulgated under | ||
Section 72.039, Government Code. If possible, notwithstanding the | ||
purposes for which the money must be used under the law, the law | ||
enforcement agency shall make the payment out of money available in | ||
the applicable fund established for the law enforcement agency | ||
under Article 59.06(c)(2), (3), or (4). | ||
SECTION 2. Subchapter C, Chapter 72, Government Code, is | ||
amended by adding Section 72.039 to read as follows: | ||
Sec. 72.039. ATTORNEY'S FEES SCHEDULE. The Office of Court | ||
Administration of the Texas Judicial System shall promulgate a | ||
schedule of attorney's fees that may be used to determine a | ||
reasonable amount of attorney's fees to award under Article | ||
59.05(h), Code of Criminal Procedure. | ||
SECTION 3. The change in law made by this Act applies only | ||
to property subject to forfeiture on the basis of an offense | ||
committed on or after the effective date of this Act. Property | ||
subject to forfeiture on the basis of an offense committed before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the offense was committed, and the former law is continued | ||
in effect for that purpose. For purposes of this section, an | ||
offense was committed before the effective date of this Act if any | ||
element of the offense occurred before that date. | ||
SECTION 4. This Act takes effect September 1, 2023. |