HBA-KMH H.B. 899 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 899
By: Dutton
Criminal Jurisprudence
4/8/1999
Introduced



BACKGROUND AND PURPOSE 

Article 59.01(2), Code of Criminal Procedure, provides for the forfeiture
of property used in the commission of a first or second degree felony.
Other statutes also provide for the confiscation of proceeds gained and or
acquired through the use of certain property in the commission of a first
or second degree felony.  In many cities, misdemeanors such as prostitution
are no longer limited to "red light districts" but are being solicited by
strangers driving into neighborhoods looking for prostitutes without regard
for the residents. 

H.B. 899 includes motor vehicle in the definition of "contraband," if it is
used in the commission of certain misdemeanors. 

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 59.01(2), Code of Criminal Procedure, to include
"a motor vehicle" in the definition of "contraband," if it is used in the
commission of a misdemeanor under Section 43.02(a)(2) (Prostitution), Penal
Code.  Makes nonsubstantive changes. 

SECTION 2.  Makes application of this Act prospective as to the forfeiture
of contraband. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.