HBA-RBT H.B. 2189 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2189
By: Hinojosa
Criminal Jurisprudence
4/24/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, drug forfeiture laws can be used to forfeit property without a
conviction.  H.B. 2189 requires a final conviction prior to the forfeiture
of real property. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 59.05(d), Code of Criminal Procedure, to provide
that a final conviction for an underlying offense is a requirement for
forfeiture of real property under this chapter.  Makes conforming and
nonsubstantive changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.