H.B. No. 195
 
 
 
 
AN ACT
  relating to the transfer of certain abandoned or forfeited property
  to county or municipal agencies or school districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 59.06, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsections (b-1) and
  (b-2) to read as follows:
         (b)  If a local agreement exists between the attorney
  representing the state and law enforcement agencies, the attorney
  representing the state may transfer the property to law enforcement
  agencies to maintain, repair, use, and operate the property for
  official purposes if the property is free of any interest of an
  interest holder. The agency receiving the forfeited property may
  purchase the interest of an interest holder so that the property can
  be released for use by the agency. The agency receiving the
  forfeited property may maintain, repair, use, and operate the
  property with money appropriated for current operations. If the
  property is a motor vehicle subject to registration under the motor
  vehicle registration laws of this state, the agency receiving the
  forfeited vehicle is considered to be the purchaser and the
  certificate of title shall issue to the agency. A law enforcement 
  [The] agency to which property is transferred under this subsection 
  at any time may transfer or loan the property to any other [a]
  municipal or county [law enforcement] agency or to a school
  district for the use of that agency or district.  A municipal or
  county agency or school district to which a law enforcement agency
  loans a motor vehicle under this subsection shall maintain any
  automobile insurance coverage for the vehicle that is required by
  law.
         (b-1)  If a loan is made by a sheriff's office or by a
  municipal police department, the commissioners court of the county
  in which the sheriff has jurisdiction or the governing body of the
  municipality in which the department has jurisdiction, as
  applicable, may revoke the loan at any time by notifying the
  receiving agency or district, by mail, that the receiving agency or
  district must return the loaned vehicle to the loaning agency
  before the seventh day after the date the receiving agency or
  district receives the notice.
         (b-2)  An agency that loans property under this article
  shall:
               (1)  keep a record of the loan, including the name of
  the agency to which the vehicle was loaned, the fair market value of
  the vehicle, and where the receiving agency will use the vehicle;
  and
               (2)  update the record when the information relating to
  the vehicle changes.
         SECTION 2.  Section 683.016, Transportation Code, is amended
  by amending Subsections (a) and (b) and adding Subsection (e) to
  read as follows:
         (a)  The law enforcement agency that takes an abandoned motor
  vehicle into custody that is not claimed under Section 683.012 may:
               (1)  use the vehicle for agency purposes; or
               (2)  transfer the vehicle to any municipal or county
  agency or school district for the use of that agency or district.
         (b)  The law enforcement agency shall auction the vehicle as
  provided by this subchapter if the law enforcement agency or the
  municipal or county agency or school district to which the vehicle
  was transferred under Subsection (a) discontinues use of the
  vehicle.
         (e)  A law enforcement agency must comply with the notice
  requirements of Section 683.012 before the law enforcement agency
  may transfer a vehicle under Subsection (a)(2).
         SECTION 3.  Article 59.06(b), Code of Criminal Procedure,
  and Section 683.016, Transportation Code, as amended by this Act,
  apply to personal property seized or taken into custody on or after
  the effective date of this Act. Personal property seized or taken
  into custody before the effective date of this Act is governed by
  the law in effect on the date the property is seized or taken into
  custody, and the former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 195 was passed by the House on March
  22, 2007, by the following vote:  Yeas 146, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 195 on May 17, 2007, by the following vote:  Yeas 144, Nays 0, 1
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 195 was passed by the Senate, with
  amendments, on May 15, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor