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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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