Tex.
Code of Crim. Proc. Article 59.01
Definitions
(1)
“Attorney representing the state” means the prosecutor with felony jurisdiction in the county in which a forfeiture proceeding is held under this chapter or, in a proceeding for forfeiture of contraband as defined under Subdivision (2)(B)(v) of this article, the city attorney of a municipality if the property is seized in that municipality by a peace officer employed by that municipality and the governing body of the municipality has approved procedures for the city attorney acting in a forfeiture proceeding. In a proceeding for forfeiture of contraband as defined under Subdivision (2)(B)(vi) of this article, the term includes the attorney general.(2)
“Contraband” means property of any nature, including real, personal, tangible, or intangible, that is:(A)
used in the commission of:(i)
any first or second degree felony under the Penal Code;(ii)
any felony under Section 15.031 (Criminal Solicitation of a Minor)(b), 21.11 (Indecency with a Child), or 38.04 (Evading Arrest or Detention) or Chapter 29 (Robbery), 30 (Burglary and Criminal Trespass), 31 (Theft), 32 (Fraud), 33 (Computer Crimes), 33A (Telecommunications Crimes), or 35 (Insurance Fraud), Penal Code;(iii)
any felony under Chapter 43 (Public Indecency), Penal Code, except as provided by Paragraph (B);(iv)
any felony under The Securities Act (Title 12, Government Code); or(v)
any offense under Chapter 49 (Intoxication and Alcoholic Beverage Offenses), Penal Code, that is punishable as a felony of the third degree or state jail felony, if the defendant has been previously convicted three times of an offense under that chapter;(B)
used or intended to be used in the commission of:(i)
any felony under Chapter 481 (Texas Controlled Substances Act), Health and Safety Code (Texas Controlled Substances Act);(ii)
any felony under Chapter 483 (Dangerous Drugs), Health and Safety Code;(iii)
a felony under Chapter 152 (Regulation of Money Services Businesses), Finance Code;(iv)
any felony under Chapter 20A (Trafficking of Persons) or 34 (Money Laundering), Penal Code;(v)
a Class A misdemeanor under Subchapter B (Definitions), Chapter 365 (Litter), Health and Safety Code, if the defendant has been previously convicted twice of an offense under that subchapter;(vi)
any felony under Chapter 32 (Fraud), Human Resources Code, or Chapter 31 (Theft), 32 (Fraud), 35A (Health Care Fraud), or 37 (Perjury and Other Falsification), Penal Code, that involves a health care program, as defined by Section 35A.01 (Definitions), Penal Code;(vii)
a Class B misdemeanor under Chapter 522 (Identity Theft by Electronic Device), Business & Commerce Code;(viii)
a Class A misdemeanor under Section 306.051 (Unauthorized or Fraudulent Procurement, Sale, or Receipt of Telephone Records), Business & Commerce Code;(ix)
any offense under Section 42.10 (Dog Fighting), Penal Code;(x)
any offense under Section 46.06 (Unlawful Transfer of Certain Weapons)(a)(1) or 46.14 (Firearm Smuggling), Penal Code;(xi)
any offense under Chapter 71 (Organized Crime), Penal Code;(xii)
any offense under Section 20.05 (Smuggling of Persons), 20.06 (Continuous Smuggling of Persons), 20.07 (Operation of Stash House), 43.04 (Aggravated Promotion of Prostitution), or 43.05 (Compelling Prostitution), Penal Code;(xiii)
an offense under Section 326.002 (Automated Sales Suppression Devices and Phantom-ware Prohibited; Criminal Offense), Business & Commerce Code;(xiv)
any offense under Section 545.420 (Racing on Highway; Impoundment of a Vehicle), Transportation Code; or(xv)
any offense punishable under Section 42.03 (Obstructing Highway or Other Passageway)(d) or (e), Penal Code;(C)
the proceeds gained from the commission of a felony listed in Paragraph (A) or (B) of this subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), (xii), (xiv), or (xv) of this subdivision, or a crime of violence;(D)
acquired with proceeds gained from the commission of a felony listed in Paragraph (A) or (B) of this subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), (xii), (xiv), or (xv) of this subdivision, or a crime of violence;(E)
used to facilitate or intended to be used to facilitate the commission of a felony under Section 15.031 (Criminal Solicitation of a Minor) or Chapter 43 (Public Indecency), Penal Code; or(F)
used to facilitate or intended to be used to facilitate the commission of an offense under Section 20.05 (Smuggling of Persons), 20.06 (Continuous Smuggling of Persons), or 20.07 (Operation of Stash House) or Chapter 20A (Trafficking of Persons), Penal Code.(3)
“Crime of violence” means:(A)
any criminal offense defined in the Penal Code or in a federal criminal law that results in a personal injury to a victim; or(B)
an act that is not an offense under the Penal Code involving the operation of a motor vehicle, aircraft, or water vehicle that results in injury or death sustained in a collision caused by a driver in violation of Section 550.021 (Collision Involving Personal Injury or Death), Transportation Code.(4)
“Interest holder” means the bona fide holder of a perfected lien or a perfected security interest in property.(5)
“Law enforcement agency” means an agency of the state or an agency of a political subdivision of the state authorized by law to employ peace officers.(6)
“Owner” means a person who claims an equitable or legal ownership interest in property.(7)
“Proceeds” includes income a person accused or convicted of a crime or the person’s representative or assignee receives from:(A)
a movie, book, magazine article, tape recording, phonographic record, radio or television presentation, telephone service, electronic media format, including an Internet website, or live entertainment in which the crime was reenacted; or(B)
the sale of tangible property the value of which is increased by the notoriety gained from the conviction of an offense by the person accused or convicted of the crime.(8)
“Seizure” means the restraint of property by a peace officer under Article 59.03 (Seizure of Contraband)(a) or (b) of this code, whether the officer restrains the property by physical force or by a display of the officer’s authority, and includes the collection of property or the act of taking possession of property.(9)
“Depository account” means the obligation of a regulated financial institution to pay the account owner under a written agreement, including a checking account, savings account, money market account, time deposit, NOW account, or certificate of deposit.(10)
“Primary state or federal financial institution regulator” means the state or federal regulatory agency that chartered and comprehensively regulates a regulated financial institution.(11)
“Regulated financial institution” means a depository institution chartered by a state or federal government, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.
Source:
Article 59.01 — Definitions, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.59.htm#59.01 (accessed Apr. 13, 2024).
