H.B. No. 4635

	AN ACT
	relating to organized crime, racketeering activities, and
	collection of unlawful debts; providing a civil penalty; creating
	criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act shall be known as the Texas Racketeering
	Act.
	SECTION 2.  Title 6, Civil Practice and Remedies Code, is
	amended by adding Chapter 140B to read as follows:
	CHAPTER 140B.  CIVIL REMEDIES AND ENFORCEMENT RELATED TO
	RACKETEERING AND UNLAWFUL DEBT COLLECTION
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 140B.001.  DEFINITIONS. In this chapter:
	(1)  "Beneficial interest":
	(A)  means the interest of a person:
	(i)  as a beneficiary under a trust
	established under the Texas Trust Code (Subtitle B, Title 9,
	Property Code) in which the trustee for the trust holds legal or
	record title to real property;
	(ii)  as a beneficiary under any other trust
	arrangement under which a trustee holds legal or record title to
	real property for the benefit of the person; or
	(iii)  under any other form of express
	fiduciary arrangement under which any other person holds legal or
	record title to real property for the benefit of the person; and
	(B)  does not include the interest of a
	shareholder in a corporation or the interest of a partner in either
	a general partnership or a limited partnership.
	(2)  "Cash or cash proceeds" includes:
	(A)  damages, penalties, or any other monetary
	payment;
	(B)  monetary proceeds from property forfeited to
	the state under Subchapter C; or
	(C)  any payment made by a defendant by reason of a
	decree or settlement in an action filed under Subchapter C.
	(3)  "Enterprise" means a legal entity, group of
	individuals associated in fact, or a combination of those entities
	and individuals.
	(4)  "Investigative agency" means the Department of
	Public Safety, the attorney general, or a local prosecutor.
	(5)  "Local prosecutor" means a district attorney,
	criminal district attorney, or county attorney with felony criminal
	jurisdiction.
	(6)  "Money" means funds as defined by Section 34.01,
	Penal Code.
	(7)  "Real property" means any real property or any
	interest in real property, including any lease of or mortgage on
	real property.
	Sec. 140B.002.  SPECIAL DOCKETING PROCEDURES.  The attorney
	general or local prosecutor may file with the clerk of the district
	court in which an action is brought under this chapter a certificate
	stating that the case is of special public importance.  The clerk
	must immediately furnish a copy of the certificate to the
	administrative judge of the district court of the county in which
	the action is pending.  On receiving the copy of the certificate,
	the administrative judge shall immediately designate a judge to
	hear and determine the action.  The designated judge shall promptly
	assign the action for hearing, participate in hearings, make
	determinations, and cause the action to be expedited.
	Sec. 140B.003.  PREVIOUSLY SEIZED ASSETS.  Notwithstanding
	any other provision of this chapter, a remedy provided by this
	chapter may not be assessed against, and the attorney general may
	not claim or pursue in an action brought under this chapter, any
	proceeds, contraband, or other property of any kind over which a law
	enforcement authority has previously asserted jurisdiction under
	Chapter 59, Code of Criminal Procedure, at the time an action under
	this chapter was filed.
	SUBCHAPTER B. CIVIL INVESTIGATIVE AUTHORITY
	Sec. 140B.051.  DEFINITIONS. In this subchapter:
	(1)  "Civil investigative demand" means any demand
	issued by the attorney general or a local prosecutor under this
	subchapter.
	(2)  "Documentary material" means the original or a
	copy of any paper, contract, agreement, book, booklet, brochure,
	pamphlet, catalog, magazine, notice, announcement, circular,
	bulletin, instruction, minutes, agenda, study, analysis, report,
	graph, map, chart, table, schedule, note, letter, telegram,
	telephone recordings, or data compilations stored in or accessible
	through computer or other information retrieval systems, together
	with instructions and all other materials necessary to use or
	interpret the data compilations, and any product of discovery.
	(3)  "Product of discovery" means:
	(A)  the original or a copy of a deposition,
	interrogatory, document, thing, result of inspection of land or
	other property, examination, or admission that is obtained by any
	method of discovery in a judicial or administrative proceeding of
	an adversarial nature;
	(B)  a digest, analysis, selection, compilation,
	or derivation of any item listed in Paragraph (A); and
	(C)  an index, instruction, or other aid or means
	of access to any item listed in Paragraph (A).
	(4)  "Racketeering investigation" means any inquiry
	conducted by the attorney general or a local prosecutor for the
	purpose of ascertaining whether any person is or has been engaged in
	or is actively preparing to engage in activities that may
	constitute a racketeering violation.
	(5)  "Racketeering violation" means conduct
	constituting an offense under Section 72.02, 72.03, or 72.04, Penal
	Code.
	Sec. 140B.052.  CIVIL INVESTIGATIVE DEMAND. If the attorney
	general or a local prosecutor has reason to believe that a person
	may be in possession, custody, or control of any documentary
	material or other evidence or may have any information relevant to a
	civil racketeering investigation, the attorney general or local
	prosecutor may, before beginning a civil proceeding under this
	chapter, issue in writing and serve on the person a civil
	investigative demand requiring the person to:
	(1)  produce any of the documentary material for
	inspection and copying;
	(2)  answer in writing any written interrogatories;
	(3)  give oral testimony; or
	(4)  provide any combination of civil investigative
	demands under Subdivisions (1)-(3).
	Sec. 140B.053.  CONTENTS OF DEMAND. (a) A civil
	investigative demand issued under Section 140B.052 must:
	(1)  describe the nature of the activities that are the
	subject of the investigation;
	(2)  state each statute the activity violates; and
	(3)  advise the person on whom the demand is served that
	the person has the right to object to the demand as provided for in
	this subchapter.
	(b)  A demand for production of documentary material must:
	(1)  describe the class of material to be produced with
	reasonable specificity so that the material demanded is fairly
	identified;
	(2)  prescribe a return date that provides a reasonable
	period of time within which the material is to be produced; and
	(3)  identify the individual to whom the material is to
	be made available for inspection and copying.
	(c)  A demand for answers to written interrogatories must:
	(1)  propound the interrogatories with definiteness
	and certainty;
	(2)  prescribe a date by which answers to the
	interrogatories must be submitted; and
	(3)  identify the individual to whom the answers should
	be submitted.
	(d)  Each demand for the giving of oral testimony must:
	(1)  prescribe a reasonable date, time, and place at
	which the testimony will begin; and
	(2)  identify the individual who will conduct the
	examination.
	Sec. 140B.054.  SERVICE; PROOF OF SERVICE. (a) Service of
	any civil investigative demand or petition filed under Section
	140B.055 or 140B.060 may be made on any natural person by delivering
	a duly executed copy of the demand or petition to the person to be
	served or by mailing a copy by registered or certified mail, return
	receipt requested, to the person at the person's residence or
	principal office or place of business.
	(b)  Service of any demand or petition filed under Section
	140B.055 or 140B.060 may be made on any person other than a natural
	person by delivering a duly executed copy of the demand or petition
	to a person to whom delivery would be appropriate under state law if
	the demand or petition were process in a civil suit.
	(c)  A verified return by the individual serving any demand
	or petition filed under Section 140B.055 or 140B.060 setting forth
	the manner of service is proof of service. In the case of service by
	registered or certified mail, the return must be accompanied by the
	return post office receipt of delivery of the demand or petition.
	Sec. 140B.055.  PETITION FOR ORDER MODIFYING OR SETTING
	ASIDE DEMAND. (a) At any time before the return date specified in a
	civil investigative demand or not later than the 30th day after the
	date the demand was served, whichever period is shorter, the person
	who has been served, and in the case of a demand for a product of
	discovery the person from whom the discovery was obtained, may file
	a petition for an order modifying or setting aside the demand in the
	district court in the county of the person's residence or principal
	office or place of business or a district court of Travis County.
	The petition must specify each ground upon which the petitioner
	relies in seeking the relief sought. The petition may be based on
	any failure of a demand to comply with the provisions of this
	subchapter or on any constitutional or other legal right or
	privilege of the petitioner.
	(b)  The petitioner shall serve a copy of the petition on the
	attorney general or local prosecutor, as applicable, in accordance
	with Section 140B.054. The attorney general or local prosecutor
	may submit an answer to the petition.
	(c)  In ruling on the petition under this section, the court
	shall presume absent evidence to the contrary that the attorney
	general or local prosecutor issued the demand in good faith and
	within the scope of the attorney general's or local prosecutor's
	authority.
	Sec. 140B.056.  COMPLIANCE WITH DEMAND. (a) A person on
	whom a civil investigative demand is served under this subchapter
	shall comply with the terms of the demand unless otherwise provided
	by court order.
	(b)  The time for compliance with the demand wholly or partly
	does not run during the pendency of any petition filed under Section
	140B.055, provided that the petitioner shall comply with any
	portions of the demand not sought to be modified or set aside.
	Sec. 140B.057.  DOCUMENTARY MATERIAL. (a) Any person on
	whom any civil investigative demand for the production of
	documentary material has been duly served under this subchapter
	shall make the material available to the attorney general or local
	prosecutor, as applicable, for inspection and copying during normal
	business hours on the return date specified in the demand at the
	person's principal office or place of business or as otherwise may
	be agreed on by the person and the attorney general or local
	prosecutor. The attorney general or local prosecutor shall bear
	the expense of any copying. The person may substitute copies for
	originals of all or part of the requested documents if the originals
	are made available for inspection. The attorney general or local
	prosecutor may elect to obtain or review information in an
	electronic format. The person shall indicate in writing which, if
	any, of the documents produced contain trade secrets or
	confidential information.
	(b)  The production of documentary material in response to
	any demand must be made under a sworn certificate in the form the
	demand designates by a natural person having knowledge of the facts
	and circumstances relating to the production to the effect that all
	of the requested material in the possession, custody, or control of
	the person to whom the demand is directed has been produced.
	Sec. 140B.058.  INTERROGATORIES. (a) Each interrogatory in
	any civil investigative demand duly served must be answered
	separately and fully in writing, unless it is objected to, in which
	case the basis for the objection shall be set forth in lieu of an
	answer. The person shall indicate in writing which, if any, of the
	answers contain trade secrets or confidential information.
	(b)  Answers to interrogatories must be submitted under a
	sworn certificate in the form the related demand designates by a
	natural person having knowledge of the facts and circumstances
	relating to the preparation of the answers to the effect that all of
	the requested information in the possession, custody, control, or
	knowledge of the person to whom the demand is directed has been set
	forth fully and accurately.
	Sec. 140B.059.  ORAL EXAMINATION. (a) The examination of
	any person pursuant to a civil investigative demand for oral
	testimony duly served must be taken before any person authorized to
	administer oaths and affirmations under the laws of this state or
	the United States. The person before whom the testimony is to be
	taken shall put the witness on oath or affirmation and shall
	personally or by someone acting under the person's direction and in
	the person's presence record the witness's testimony. At the
	expense of the attorney general or local prosecutor, and except as
	provided by this subsection, the testimony must be taken
	stenographically and may be transcribed. The attorney general or
	local prosecutor may take audio and video recordings of the
	testimony by providing notice to the person to be examined not later
	than the seventh day before the day the person is to be examined.
	(b)  The oral testimony of any person taken pursuant to a
	demand served must be taken within 100 miles of the county where the
	person resides, is found, or transacts business or in any other
	place agreed on by the person and the attorney general or local
	prosecutor.
	(c)  Any person compelled to appear under a demand for oral
	testimony may be accompanied, represented, and advised by counsel.
	Counsel may advise the person in confidence, either on the request
	of the person or on the counsel's own initiative, with respect to
	any question arising in connection with the examination.
	(d)  The individual conducting the examination on behalf of
	the attorney general or local prosecutor shall exclude from the
	place of examination all other persons except the person being
	examined, the person's counsel, the counsel of the person to whom
	the demand has been issued, the person before whom the testimony is
	to be taken, any stenographer taking the testimony, audiographer,
	videographer, and any person assisting the individual conducting
	the examination.
	(e)  During the examination, the person being examined or the
	person's counsel may object on the record to any question in
	accordance with Rule 199.5(e), Texas Rules of Civil Procedure. An
	objection may properly be made, received, and entered on the record
	when it is claimed that the person is entitled to refuse to answer
	the question on grounds of any constitutional or other privilege,
	including the privilege against self-incrimination. Neither that
	person nor the person's counsel may otherwise object to or refuse to
	answer any question or interrupt the oral examination. If the
	person refuses to answer any question, the attorney general or
	local prosecutor may petition the district court in the county
	where the examination is being conducted for an order compelling
	the person to answer the question.
	(f)  After the testimony has been fully transcribed, the
	person before whom the testimony was taken shall promptly transmit
	the transcript of the testimony to the witness and a copy of the
	transcript to the attorney general or local prosecutor. The
	witness must have a reasonable opportunity to examine the
	transcript and make any changes in form or substance accompanied by
	a statement of the reasons for the changes. The witness shall then
	sign and return the transcript. If the witness does not return the
	transcript to the person before whom the testimony was taken not
	later than the 20th day after the date the transcript was provided
	to the witness, the witness may be deemed to have waived the right
	to make changes. The officer shall then certify on the transcript
	that the witness was duly sworn and that the transcript is a true
	record of the testimony given by the witness and promptly transmit a
	copy of the certified transcript to the attorney general or local
	prosecutor.
	(g)  On request, the attorney general or local prosecutor
	shall furnish a copy of the certified transcript to the witness.
	(h)  The attorney general or local prosecutor may provide the
	witness the same fees and mileage reimbursement that are paid to
	witnesses in the district courts of this state.
	Sec. 140B.060.  FAILURE TO COMPLY WITH DEMAND PETITION FOR
	ENFORCEMENT. If a person fails to comply with a civil investigative
	demand duly served on the person, the attorney general or local
	prosecutor may file in the district court in the county in which the
	person resides, is found, or transacts business or in a district
	court of Travis County and may serve on the person a petition for an
	order of the court for enforcement. If the person transacts
	business in more than one county and the attorney general or local
	prosecutor elects not to file the petition in Travis County, the
	petition must be filed in the county of the person's principal
	office or place of business in the state or in any other county as
	may be agreed on by the person and the attorney general or local
	prosecutor.
	Sec. 140B.061.  CRIMINAL OFFENSE: DELIBERATE NONCOMPLIANCE.
	(a) A person commits an offense if the person, with intent to
	avoid, evade, or prevent compliance with a civil investigative
	demand issued under this subchapter, knowingly removes from any
	place, conceals, withholds, destroys, mutilates, alters, or by any
	other means falsifies any documentary material or otherwise
	provides inaccurate information.
	(b)  An offense under this section is a Class A misdemeanor.
	Sec. 140B.062.  DISCLOSURE AND USE OF MATERIAL AND
	INFORMATION. (a) The civil investigative demand issued by the
	attorney general or local prosecutor, any information obtained,
	maintained, or created in response to the demand, or any
	documentary material, product of discovery, or other record derived
	or created during an investigation from the information, is not
	subject to disclosure under Chapter 552, Government Code, and is
	not subject to disclosure, discovery, subpoena, or other means of
	legal compulsion for the release, except as described in
	Subsections (b) and (c).
	(b)  The attorney general or local prosecutor may not release
	or disclose information that is obtained in response to a demand or
	any documentary material, product of discovery, or other record
	derived from the information except:
	(1)  by court order for good cause shown;
	(2)  with the consent of the person who provided the
	information to the attorney general or local prosecutor;
	(3)  to an employee or other person under the direction
	of the attorney general or local prosecutor;
	(4)  to an agency of this state, the United States, or
	another state or foreign country;
	(5)  to a political subdivision of this state; or
	(6)  to a person authorized by the attorney general or
	local prosecutor to receive the information.
	(c)  The attorney general or local prosecutor may use
	information obtained in response to a demand, or any documentary
	material, product of discovery, or other record derived or created
	from the information as the attorney general or local prosecutor
	determines necessary in the enforcement of this chapter, including
	presentation before court.
	Sec. 140B.063.  JURISDICTION. If a petition is filed in the
	district court in any county, the court has jurisdiction to hear and
	determine the matter presented and to enter any order required to
	implement this chapter. Any final order is subject to appeal.
	Failure to comply with any final order entered by a court under this
	chapter is punishable by the court as contempt of the order.
	Sec. 140B.064.  NONEXCLUSIVE PROCEDURES. Nothing in this
	chapter precludes the attorney general or local prosecutor from
	using any procedure not specified in this chapter in conducting a
	racketeering investigation.
	SUBCHAPTER C.  CIVIL REMEDIES
	Sec. 140B.101.  CIVIL REMEDIES.  A district court may, after
	making due provision for the rights of innocent persons, enjoin
	conduct constituting an offense under Section 72.02, 72.03, or
	72.04, Penal Code, by issuing appropriate orders and judgments,
	including:
	(1)  ordering a defendant to divest of any interest in
	any enterprise, including real property;
	(2)  imposing reasonable restrictions on the future
	activities or investments of a defendant, including prohibiting a
	defendant from engaging in the same type of endeavor as the
	enterprise in which the defendant was engaged in conduct
	constituting an offense under Section 72.02, 72.03, or 72.04, Penal
	Code;
	(3)  ordering the dissolution or reorganization of an
	enterprise;
	(4)  ordering the suspension or revocation of a
	license, permit, or approval previously granted to an enterprise by
	any state agency; or
	(5)  ordering the forfeiture of the charter of a
	corporation organized under the laws of this state, or the
	revocation of a certificate allowing a foreign corporation to
	conduct business within this state, on finding that:
	(A)  the board of directors or a managerial agent
	acting on behalf of the corporation, in conducting the affairs of
	the corporation, has authorized or engaged in conduct constituting
	an offense under Section 72.02, 72.03, or 72.04, Penal Code; and
	(B)  for the prevention of future criminal
	activity, the public interest requires the charter of the
	corporation forfeited and the corporation dissolved or the
	certificate revoked.
	Sec. 140B.102.  CIVIL FORFEITURE OF PROPERTY. (a)  All
	property, real or personal, including money, used in the course of,
	intended for use in the course of, derived from, or realized through
	conduct constituting an offense under Section 72.02, 72.03, or
	72.04, Penal Code, is subject to civil forfeiture to the state under
	this chapter.
	(b)  An investigative agency, on behalf of this state, may
	bring a civil action for forfeiture:
	(1)  in the district court for the judicial district in
	which real or personal tangible property described by Subsection
	(a) is located;
	(2)  in a district court in this state regarding
	intangible property described by Subsection (a); and
	(3)  in the county in which real or personal tangible
	property described by Subsection (a) was seized.
	(c)  On entry of a final judgment of forfeiture in favor of
	the state, the title of the state to the forfeited property shall
	relate back:
	(1)  in the case of real property or a beneficial
	interest:
	(A)  to the date of filing of a lien notice under
	Chapter 68, Property Code, in the official records of the county
	where the real property or beneficial trust is located;
	(B)  if no lien notice is filed, to the date of the
	filing of any notice of lis pendens under Section 68.056(a),
	Property Code, in the official records of the county where the real
	property or beneficial interest is located; or
	(C)  if no lien notice or notice of lis pendens is
	filed, to the date of recording of the final judgment of forfeiture
	in the official records of the county where the real property or
	beneficial interest is located; or
	(2)  in the case of personal property, to the date the
	personal property was seized by the investigative agency.
	(d)  For purposes of this section, a beneficial interest is
	considered to be located where real property owned by the trustee is
	located.
	Sec. 140B.103.  CONVEYANCE OF PROPERTY SUBJECT TO
	FORFEITURE. (a)  If property subject to forfeiture is conveyed,
	alienated, disposed of, diminished in value, or otherwise rendered
	unavailable for forfeiture, the investigative agency may, on behalf
	of the state, bring an action in any district court against the
	person named in the lien notice under Chapter 68, Property Code, or
	the defendant in the relevant civil action or criminal proceeding.
	If a civil action is pending, the action shall be filed only in the
	court where the civil action is pending.
	(b)  The court in an action brought under Subsection (a)
	shall:
	(1)  enter final judgment against the person named in
	the lien notice or the defendant in the relevant civil action or
	criminal proceeding in an amount equal to:
	(A)  the fair market value of the property; and
	(B)  the investigative costs and attorney fees
	incurred by the investigative agency in the action; or
	(2)  order the forfeiture of any other property of the
	defendant up to the value of the property subject to forfeiture.
	Sec. 140B.104.  DISPOSITION OF FORFEITED PROPERTY.  (a)  The
	state shall dispose of all forfeited property as soon as
	commercially feasible. If property is not exercisable or
	transferable for value by the state, the state may destroy or
	otherwise dispose of the property.
	(b)  All forfeitures or dispositions under this subchapter
	shall be made with due provision for the rights of innocent persons.
	(c)  The state shall promptly distribute the proceeds
	realized from the forfeiture and disposition of property under this
	section in accordance with Subchapter D.
	Sec. 140B.105.  SEIZURE OF PROPERTY. (a)  Property subject
	to forfeiture under this subchapter may be seized by a law
	enforcement officer on court process.  Seizure without process may
	be made if:
	(1)  the seizure is incident to a lawful arrest or
	search conducted under a warrant issued under Chapter 18, Code of
	Criminal Procedure; or
	(2)  the property subject to seizure has been the
	subject of a previous judgment in favor of the state in a forfeiture
	action brought under this subchapter.
	(b)  For a seizure conducted under this section, an
	investigative agency shall promptly commence a forfeiture action
	under Section 140B.102.
	Sec. 140B.106.  STORAGE OF SEIZED PROPERTY PENDING
	FORFEITURE ACTION. Property taken or detained under this
	subchapter is not subject to replevin but is considered to be in the
	custody of the law enforcement officer making the seizure, subject
	only to the order of the court.  When property is seized under this
	subchapter, pending forfeiture and final disposition, the law
	enforcement officer may:
	(1)  place the property under seal;
	(2)  remove the property to a place designated by a
	court; or
	(3)  require another agency authorized by law to take
	custody of the property and remove it to an appropriate location.
	Sec. 140B.107.  CIVIL ACTION BROUGHT BY ATTORNEY GENERAL,
	LOCAL PROSECUTOR, OR STATE AGENCY. (a)  The office of the attorney
	general, a local prosecutor, or a state agency having jurisdiction
	over conduct constituting an offense under Section 72.02, 72.03, or
	72.04, Penal Code, may institute civil actions under this
	subchapter.  The attorney general or a state agency may institute an
	action under Section 140B.101 or 140B.102 only if the attorney
	general or agency receives the consent of the applicable local
	prosecutor to bring the action.
	(b)  In an action brought under this subchapter, the district
	court shall proceed as soon as practicable to the hearing and
	determination. Pending final determination, the district court may
	at any time enter injunctions, prohibitions, or restraining orders,
	or take actions, including the acceptance of satisfactory
	performance bonds, the court considers proper.
	Sec. 140B.108.  EFFECT OF FINAL JUDGMENT OR DECREE. A final
	judgment or decree rendered in favor of this state in a criminal
	proceeding under state law prevents the defendant from asserting in
	any subsequent civil action brought under this chapter any matter
	as to which that judgment or decree would be an estoppel as between
	the parties.
	Sec. 140B.109.  OTHER RELIEF AVAILABLE TO ATTORNEY GENERAL.
	(a)  The attorney general may bring an action against a person who
	engages in conduct constituting an offense under Section 72.02,
	72.03, or 72.04, Penal Code, to obtain:
	(1)  injunctive relief;
	(2)  a civil penalty as provided by this section; and
	(3)  reasonable attorney's fees and reasonably incurred
	costs of investigation or litigation.
	(b)  A defendant in an action brought under this section is
	subject to a civil penalty not to exceed:
	(1)  $100,000 if the defendant is an individual; or
	(2)  $1 million if the defendant is not an individual.
	(c)  The attorney general shall deposit a civil penalty
	collected under this section to the credit of the general revenue
	fund. The attorney general shall deposit attorney's fees and costs
	collected under this section into the attorney general law
	enforcement account, which may be used to investigate and enforce
	this chapter.
	(d)  Any party to an action brought under this section may
	petition the court for entry of a consent decree or for approval of
	a settlement agreement.  The proposed decree or settlement must
	specify the alleged violations, the future obligations of the
	parties, the relief agreed on, and the reasons for entering into the
	consent decree or settlement agreement.
	Sec. 140B.110.  NOTICE TO LOCAL PROSECUTOR.  (a)  In a
	reasonable time before bringing an action or on initiating an
	investigation on racketeering, the attorney general shall provide
	notice to the local prosecutor who appears to have primary
	jurisdiction over the criminal prosecution of any target of an
	investigation under this chapter at the time of the notice
	concerning the attorney general's intent to bring an action under
	this chapter or investigate racketeering, as applicable.
	(b)  The notices described by Subsection (a) must describe or
	otherwise identify the defendant to the action or the suspect, as
	applicable.
	Sec. 140B.111.  COOPERATION WITH LOCAL PROSECUTOR.  (a)  A
	local prosecutor who receives notice under Section 140B.110 may
	notify the attorney general of a related pending criminal
	investigation or prosecution.
	(b)  Notification to the attorney general under Subsection
	(a) must be in writing and describe or otherwise identify the
	defendant or suspect in the criminal investigation or proceeding.
	(c)  On receipt of notice described by Subsection (a), the
	attorney general shall coordinate and cooperate with the local
	prosecutor to ensure that the filing of an action under this chapter
	does not interfere with an ongoing criminal investigation or
	prosecution.  The attorney general shall update the local
	prosecutor on matters affecting the action or the investigation.
	Sec. 140B.112.  ABATEMENT OF ACTION.  If the local
	prosecutor determines that an action brought under this chapter
	would interfere with an ongoing criminal investigation or
	prosecution after notifying the attorney general of the
	investigation or prosecution under Section 140B.111, the local
	prosecutor may request, in writing, that the attorney general abate
	the action.  On receipt of this request, the attorney general shall
	abate the action.
	Sec. 140B.113.  LIMITATIONS; TOLLING. (a)  Notwithstanding
	any other law, the attorney general or a local prosecutor must bring
	an action under this chapter not later than the fifth anniversary of
	the later of:
	(1)  the date the conduct that is the basis for the
	action terminates; or
	(2)  the date the cause of action accrues.
	(b)  If an indictment for an offense under Section 72.02,
	72.03, or 72.04, Penal Code, is presented or a civil action is
	brought, or intervened in, to punish, prevent, or restrain conduct
	constituting an offense under Section 72.02, 72.03, or 72.04, Penal
	Code, the running of the period of limitations prescribed by this
	section with respect to any cause of action arising under Section
	140B.109 that is wholly or partly based on a matter complained of in
	the indictment or the pleadings in the action, as applicable, is
	suspended during the pendency of the prosecution or litigation of
	the action, as applicable, and extended for two years following its
	termination.
	Sec. 140B.114.  MULTIPLE REMEDIES ALLOWED. The application
	of one civil remedy under a provision of this chapter does not
	preclude the application of any other remedy, civil or criminal,
	under this chapter or any other law.  Civil remedies under this
	chapter are supplemental and not mutually exclusive.
	SUBCHAPTER D.  DISPOSITION OF FUNDS OBTAINED THROUGH FORFEITURE
	ACTIONS
	Sec. 140B.151.  INITIAL DISTRIBUTION. (a)  A court entering
	a judgment of forfeiture in an action brought under Subchapter C
	retains jurisdiction to direct the distribution of any cash or cash
	proceeds realized from the forfeiture and disposition of the
	property.  The court shall direct the distribution of the funds in
	the following order of priority:
	(1)  statutory fees to which the clerk of the court may
	be entitled;
	(2)  claims against the property by persons who have
	previously been judicially determined to be innocent persons and
	whose interests are preserved from forfeiture by the court and not
	otherwise satisfied; and
	(3)  subject to Subsection (c), claims for restitution
	by victims of the racketeering activity.
	(b)  A claim under Subsection (a)(2) may include a claim by a
	person appointed by the court as receiver pending litigation.
	(c)  If the attorney general brought the forfeiture action,
	restitution shall be distributed though the compensation to victims
	of crime fund. If the attorney general did not bring the forfeiture
	action, restitution shall be distributed by the clerk of the court.
	Sec. 140B.152.  DISTRIBUTION OF REMAINING MONEY. (a)
	Following satisfaction of all valid claims under Section 140B.151,
	the remaining money obtained in the forfeiture proceeding shall be
	deposited as follows:
	(1)  25 percent into the appropriate trust fund of the
	attorney general or local prosecutor's office that filed the civil
	forfeiture action as provided by Subsection (c);
	(2)  25 percent into the applicable law enforcement
	trust fund of the investigative agency that conducted the
	investigation that resulted in or significantly contributed to the
	forfeiture of the property as provided by Subsection (d); and
	(3)  50 percent into the general revenue fund.
	(b)  If a forfeiture action is filed by the attorney general
	or a local prosecutor, the court entering the judgment of
	forfeiture shall, taking into account the overall effort and
	contribution to the investigation and forfeiture action by the
	agencies that filed the action, make a pro rata apportionment among
	those agencies of the money available for distribution to those
	agencies as provided by this subchapter.  If multiple investigative
	agencies have contributed to the forfeiture of the property, the
	court that entered the judgment of forfeiture shall, taking into
	account the overall effort and contribution of the agencies to the
	investigation and forfeiture action, make a pro rata apportionment
	among those investigative agencies of the money available for
	distribution to the investigative agencies as provided by this
	subchapter.
	(c)  If a forfeiture action is filed by the attorney general,
	any money obtained by the attorney general under this section shall
	be deposited in the same manner described by Article 59.06(k)(3),
	Code of Criminal Procedure, and may be expended for the purposes and
	in the manner authorized by that section.
	(d)  If a forfeiture action is filed by a district or county
	attorney, any money obtained by the district or county attorney's
	office under this section may be used to pay the costs of
	investigations under Subchapter B and the resulting criminal
	prosecutions and civil actions. Such costs may include:
	(1)  all taxable costs;
	(2)  costs of protecting, maintaining, and forfeiting
	the property;
	(3)  employees' base salaries and compensation for
	overtime; and
	(4)  other costs that are directly attributable to the
	investigation, prosecution, or civil action.
	(e)  Any money distributed to an investigative agency under
	Subsection (a) shall be deposited in the applicable law enforcement
	fund or account established for that agency and expended for the
	purposes and in the manner authorized for that fund or account.  In
	addition, any money distributed to an investigative agency under
	this section may be used to pay the costs of investigations under
	Subchapter B and the resulting criminal prosecutions and civil
	actions. Such costs may include:
	(1)  all taxable costs;
	(2)  costs of protecting, maintaining, and forfeiting
	the property;
	(3)  employees' base salaries and compensation for
	overtime; and
	(4)  other costs directly attributable to the
	investigation, prosecution, or civil action.
	Sec. 140B.153.  EFFECT ON SETTLEMENTS. (a)  This subchapter
	may not be construed to limit the authority of an entity that files
	a forfeiture action under Subchapter C to settle a claim for
	forfeiture.
	(b)  Any proceeds arising from a settlement or from the sale
	of property obtained in a settlement shall be distributed in the
	manner described by Sections 140B.151 and 140B.152.
	Sec. 140B.154.  TEMPORARY DEPOSIT IN COURT REGISTRY.
	Pending the final distribution of the cash or cash proceeds under
	this subchapter, the court may authorize the cash or cash proceeds
	to be deposited in the court registry or in a qualified public
	depository.
	SECTION 3.  Article 12.01, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 12.01.  FELONIES.  Except as provided in Articles
	12.015 and [Article] 12.03, felony indictments may be presented
	within these limits, and not afterward:
	(1)  no limitation:
	(A)  murder and manslaughter;
	(B)  sexual assault under Section 22.011(a)(2),
	Penal Code, or aggravated sexual assault under Section
	22.021(a)(1)(B), Penal Code;
	(C)  sexual assault, if:
	(i)  during the investigation of the offense
	biological matter is collected and the matter:
	(a)  has not yet been subjected to
	forensic DNA testing; or
	(b)  has been subjected to forensic DNA
	testing and the testing results show that the matter does not match
	the victim or any other person whose identity is readily
	ascertained; or
	(ii)  probable cause exists to believe that
	the defendant has committed the same or a similar sex offense
	against five or more victims;
	(D)  continuous sexual abuse of young child or
	disabled individual under Section 21.02, Penal Code;
	(E)  indecency with a child under Section 21.11,
	Penal Code;
	(F)  an offense involving leaving the scene of an
	accident under Section 550.021, Transportation Code, if the
	accident resulted in the death of a person;
	(G)  trafficking of persons under Section
	20A.02(a)(7) or (8), Penal Code;
	(H)  continuous trafficking of persons under
	Section 20A.03, Penal Code; or
	(I)  compelling prostitution under Section
	43.05(a)(2), Penal Code;
	(2)  ten years from the date of the commission of the
	offense:
	(A)  theft of any estate, real, personal or mixed,
	by an executor, administrator, guardian or trustee, with intent to
	defraud any creditor, heir, legatee, ward, distributee,
	beneficiary or settlor of a trust interested in such estate;
	(B)  theft by a public servant of government
	property over which the public servant exercises control in the
	public servant's official capacity;
	(C)  forgery or the uttering, using, or passing of
	forged instruments;
	(D)  injury to an elderly or disabled individual
	punishable as a felony of the first degree under Section 22.04,
	Penal Code;
	(E)  sexual assault, except as provided by
	Subdivision (1) or (7);
	(F)  arson;
	(G)  trafficking of persons under Section
	20A.02(a)(1), (2), (3), or (4), Penal Code; or
	(H)  compelling prostitution under Section
	43.05(a)(1), Penal Code;
	(3)  seven years from the date of the commission of the
	offense:
	(A)  misapplication of fiduciary property or
	property of a financial institution;
	(B)  fraudulent securing of document execution;
	(C)  a felony violation under Chapter 162, Tax
	Code;
	(D)  false statement to obtain property or credit
	under Section 32.32, Penal Code;
	(E)  money laundering;
	(F)  credit card or debit card abuse under Section
	32.31, Penal Code;
	(G)  fraudulent use or possession of identifying
	information under Section 32.51, Penal Code;
	(H)  exploitation of a child, elderly individual,
	or disabled individual under Section 32.53, Penal Code;
	(I)  health care fraud under Section 35A.02, Penal
	Code; or
	(J)  bigamy under Section 25.01, Penal Code,
	except as provided by Subdivision (6);
	(4)  five years from the date of the commission of the
	offense:
	(A)  theft or robbery;
	(B)  except as provided by Subdivision (5),
	kidnapping or burglary;
	(C)  injury to an elderly or disabled individual
	that is not punishable as a felony of the first degree under Section
	22.04, Penal Code;
	(D)  abandoning or endangering a child; or
	(E)  insurance fraud;
	(5)  if the investigation of the offense shows that the
	victim is younger than 17 years of age at the time the offense is
	committed, 20 years from the 18th birthday of the victim of one of
	the following offenses:
	(A)  sexual performance by a child under Section
	43.25, Penal Code;
	(B)  aggravated kidnapping under Section
	20.04(a)(4), Penal Code, if the defendant committed the offense
	with the intent to violate or abuse the victim sexually; or
	(C)  burglary under Section 30.02, Penal Code, if
	the offense is punishable under Subsection (d) of that section and
	the defendant committed the offense with the intent to commit an
	offense described by Subdivision (1)(B) or (D) of this article or
	Paragraph (B) of this subdivision;
	(6)  ten years from the 18th birthday of the victim of
	the offense:
	(A)  trafficking of persons under Section
	20A.02(a)(5) or (6), Penal Code;
	(B)  injury to a child under Section 22.04, Penal
	Code; or
	(C)  bigamy under Section 25.01, Penal Code, if
	the investigation of the offense shows that the person, other than
	the legal spouse of the defendant, whom the defendant marries or
	purports to marry or with whom the defendant lives under the
	appearance of being married is younger than 18 years of age at the
	time the offense is committed;
	(7)  two years from the date the offense was
	discovered:  sexual assault punishable as a state jail felony under
	Section 22.011(f)(2), Penal Code; or
	(8)  three years from the date of the commission of the
	offense:  all other felonies.
	SECTION 4.  Chapter 12, Code of Criminal Procedure, is
	amended by adding Article 12.015 to read as follows:
	Art. 12.015.  RACKETEERING AND UNLAWFUL DEBT COLLECTION.
	(a)  Except as provided by Subsection (b), a felony indictment for
	an offense under Section 72.02, 72.03, or 72.04, Penal Code, must be
	presented not later than five years from the date of the commission
	of the offense.
	(b)  If the attorney general or a local prosecutor, as
	defined by Section 140B.001, Civil Practice and Remedies Code,
	brings an action in the name of the state under Chapter 140B, Civil
	Practice and Remedies Code, during the limitations period described
	by Subsection (a), that limitations period is suspended while the
	attorney general's or local prosecutor's action is pending.  If a
	limitations period is suspended under this subsection, the
	limitations period is extended for two years.
	SECTION 5.  Section 71.02(a), Penal Code, is amended to read
	as follows:
	(a)  A person commits an offense if, with the intent to
	establish, maintain, or participate in a combination or in the
	profits of a combination or as a member of a criminal street gang,
	the person commits or conspires to commit one or more of the
	following:
	(1)  murder, capital murder, arson, aggravated
	robbery, robbery, burglary, theft, aggravated kidnapping,
	kidnapping, aggravated assault, aggravated sexual assault, sexual
	assault, continuous sexual abuse of young child or disabled
	individual, solicitation of a minor, forgery, deadly conduct,
	assault punishable as a Class A misdemeanor, burglary of a motor
	vehicle, or unauthorized use of a motor vehicle;
	(2)  any gambling offense punishable as a Class A
	misdemeanor;
	(3)  promotion of prostitution, aggravated promotion
	of prostitution, or compelling prostitution;
	(4)  unlawful manufacture, transportation, repair, or
	sale of firearms or prohibited weapons;
	(5)  unlawful manufacture, delivery, dispensation, or
	distribution of a controlled substance or dangerous drug, or
	unlawful possession of a controlled substance or dangerous drug
	through forgery, fraud, misrepresentation, or deception;
	(5-a) causing the unlawful delivery, dispensation, or
	distribution of a controlled substance or dangerous drug in
	violation of Subtitle B, Title 3, Occupations Code;
	(5-b) any unlawful possession with intent to deliver a
	controlled substance or dangerous drug;
	(6)  any unlawful wholesale promotion or possession of
	any obscene material or obscene device with the intent to wholesale
	promote the same;
	(7)  any offense under Subchapter B, Chapter 43,
	depicting or involving conduct by or directed toward a child
	younger than 18 years of age;
	(8)  any felony offense under Chapter 32;
	(9)  any offense under Chapter 36;
	(10)  any offense under Chapter 34, 35, or 35A;
	(11)  any offense under Section 37.11(a);
	(12)  any offense under Chapter 20A;
	(13)  any offense under Section 37.10;
	(14)  any offense under Section 38.06, 38.07, 38.09, or
	38.11;
	(15)  any offense under Section 42.10;
	(16)  any offense under Section 46.06(a)(1) or 46.14;
	(17)  any offense under Section 20.05 or 20.06;
	(18)  any offense under Section 16.02; or
	(19)  any offense classified as a felony under the Tax
	Code.
	SECTION 6.  Title 11, Penal Code, is amended by adding
	Chapter 72 to read as follows:
	CHAPTER 72.  RACKETEERING AND UNLAWFUL DEBT COLLECTION
	Sec. 72.01.  DEFINITIONS. In this chapter:
	(1)  "Enterprise" has the meaning assigned by Section
	140B.001, Civil Practice and Remedies Code.
	(2)  "Money" means funds as defined by Section 34.01.
	(3)  "Pattern of racketeering" means engaging in at
	least two incidents of racketeering conduct that have the same or
	similar intents, results, accomplices, victims, or methods of
	commission or that otherwise are interrelated by distinguishing
	characteristics and are not isolated incidents, the last of which
	occurred not later than the fifth anniversary of the date of a
	previous incident of racketeering conduct.
	(4)  "Pecuniary value" means:
	(A)  anything of value in the form of money, a
	negotiable instrument, or a commercial interest or anything else
	the primary significance of which is economic advantage; or
	(B)  any other property or service that has a
	value in excess of $100.
	(5)  "Racketeering" means to commit, to attempt to
	commit, to conspire to commit, or to solicit, coerce, or intimidate
	another person to commit:
	(A)  a felony offense under The Securities Act
	(Title 12, Government Code);
	(B)  an offense under Section 20.03 (kidnapping);
	(C)  an offense under Section 20.04 (aggravated
	kidnapping);
	(D)  an offense under Section 20.07 (operation of
	stash house);
	(E)  a felony offense under Chapter 37 (perjury
	and other falsification);
	(F)  a felony offense under Section 38.03
	(resisting arrest, search, or transportation);
	(G)  a felony offense under Section 38.05
	(hindering apprehension or prosecution);
	(H)  a felony offense under Chapter 43 (public
	indecency); or
	(I)  an offense under Section 71.02 (engaging in
	organized criminal activity).
	(6)  "Real property" has the meaning assigned by
	Section 140B.001, Civil Practice and Remedies Code.
	(7)  "Unlawful debt" means any money or other thing of
	value constituting principal or interest of a debt that is wholly or
	partly legally unenforceable in this state because the debt was
	incurred or contracted:
	(A)  in violation of:
	(i)  the Texas Racing Act (Subtitle A-1,
	Title 13, Occupations Code, and Article 179e, Revised Civil
	Statutes);
	(ii)  Subtitle A, Title 4, Finance Code, or
	Section 11, Article XVI, Texas Constitution, relating to interest
	and usury, if the usurious rate is at least twice the enforceable
	rate; or
	(iii)  Chapter 47, relating to gambling; or
	(B)  in gambling activity in violation of federal
	law or in the business of lending money at a rate usurious under
	state law if the usurious rate is at least twice the enforceable
	rate.
	Sec. 72.02.  USE OF PROCEEDS DERIVED FROM RACKETEERING OR
	UNLAWFUL DEBT COLLECTION. (a)  A person commits an offense if the
	person intentionally uses or invests, whether directly or
	indirectly, any part of any proceeds knowingly derived, directly or
	indirectly, from a pattern of racketeering or through the
	collection of an unlawful debt, or the proceeds derived from the
	investment or use of those proceeds, in acquiring title to, or any
	right, interest, or equity in, real property or in the
	establishment or operation of any enterprise.
	(b)  An offense under this section is a felony of the second
	degree.
	(c)  If conduct that constitutes an offense under this
	section also constitutes an offense under any other law, the actor
	may be prosecuted under this section, the other law, or both.
	Sec. 72.03.  ACQUISITION OF INTEREST IN PROPERTY OR CONTROL
	OF ENTERPRISE THROUGH RACKETEERING OR UNLAWFUL DEBT COLLECTION.
	(a)  A person commits an offense if the person, knowingly through a
	pattern of racketeering or through the collection of an unlawful
	debt, acquires or maintains, directly or indirectly, any interest
	in or control of any enterprise or real property.
	(b)  An offense under this section is a felony of the second
	degree.
	(c)  If conduct that constitutes an offense under this
	section also constitutes an offense under any other law, the actor
	may be prosecuted under this section, the other law, or both.
	Sec. 72.04.  PARTICIPATION IN ENTERPRISE THROUGH
	RACKETEERING OR UNLAWFUL DEBT COLLECTION. (a)  A person commits an
	offense if the person is employed by or associated with an
	enterprise and knowingly conducts or participates, directly or
	indirectly, in that enterprise through a pattern of racketeering or
	the collection of an unlawful debt.
	(b)  An offense under this section is a felony of the second
	degree.
	(c)  If conduct that constitutes an offense under this
	section also constitutes an offense under any other law, the actor
	may be prosecuted under this section, the other law, or both.
	Sec. 72.05.  ALTERNATIVE FINE. Notwithstanding any other
	law, a court, after a hearing, may impose a fine, instead of an
	otherwise applicable fine, on a person convicted of an offense
	under Section 72.02, 72.03, or 72.04, through which the person
	derived pecuniary value or by which the person caused personal
	injury, property damage, or other loss, that does not exceed:
	(1)  the greater of:
	(A)  three times the gross value gained as a
	result of the offense; or
	(B)  three times the gross loss caused as a result
	of the offense; and
	(2)  the amount of the court costs and the reasonably
	incurred costs of investigation and prosecution.
	SECTION 7.  Subtitle B, Title 5, Property Code, is amended by
	adding Chapter 68 to read as follows:
	CHAPTER 68.  RICO LIENS
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 68.001.  DEFINITIONS. In this chapter:
	(1)  "Beneficial interest," "investigative agency,"
	"local prosecutor," and "real property" have the meanings assigned
	by Section 140B.001, Civil Practice and Remedies Code.
	(2)  "RICO lien notice" means a lien notice filed under
	Section 68.051 or 68.052.
	(3)  "Trustee":
	(A)  means:
	(i)  a person acting as trustee under a trust
	established under the Texas Trust Code (Subtitle B, Title 9,
	Property Code) in which the trustee holds legal or record title to
	real property;
	(ii)  a person who holds legal or record
	title to real property in which another person has a beneficial
	interest; or
	(iii)  a successor trustee to a person
	described by Subparagraph (i) or (ii); and
	(B)  does not include a person appointed or acting
	as a personal representative as defined by Section 22.031, Estates
	Code, or appointed or acting as a trustee of a testamentary trust or
	as a trustee of an indenture of trust under which any bonds have
	been or are to be issued.
	SUBCHAPTER B.  RICO LIEN NOTICE
	Sec. 68.051.  GENERAL RICO LIEN NOTICE. (a)  On the
	institution by an investigative agency of a civil action brought
	under Chapter 140B, Civil Practice and Remedies Code, the
	investigative agency, then or at any time during the pendency of the
	action, may file a RICO lien notice in the official records of any
	one or more counties.  The attorney general must receive the consent
	of the applicable local prosecutor before filing a RICO lien.
	(b)  A filing fee or other charge may not be required as a
	condition for filing the RICO lien notice, and the clerk of the
	district court, on the presentation of a RICO lien notice, shall
	immediately record it in the official records.
	Sec. 68.052.  ATTORNEY GENERAL OR LOCAL PROSECUTOR RICO LIEN
	NOTICE. (a)  In addition to the authority to file a RICO lien notice
	under Section 68.051, the attorney general or a local prosecutor
	may apply ex parte to a district court and, on petition supported by
	sworn affidavit, obtain an order authorizing the filing of a RICO
	lien notice against real property on a showing of probable cause to
	believe that the property was used in the course of, intended for
	use in the course of, derived from, or realized through conduct
	constituting an offense under Section 72.02, 72.03, or 72.04, Penal
	Code.
	(b)  If the RICO lien notice authorization is granted, the
	attorney general or local prosecutor shall, after filing the
	notice, immediately provide notice to the owner of the property by:
	(1)  serving the notice in the manner provided by law
	for the service of process;
	(2)  mailing the notice, postage prepaid, by certified
	mail to the owner at the owner's last known address and obtaining
	evidence of the delivery; or
	(3)  if service by a method described by Subdivision
	(1) or (2) cannot be accomplished, posting the notice on the
	premises.
	(c)  The owner of the property may move the court to
	discharge the lien, and that motion shall be set for hearing at the
	earliest possible time.
	(d)  The court shall discharge the lien if the court finds
	that:
	(1)  there is no probable cause to believe that the
	property was used in the course of, intended for use in the course
	of, derived from, or realized through conduct constituting an
	offense under Section 72.02, 72.03, or 72.04, Penal Code; or
	(2)  the owner of the property neither knew nor
	reasonably should have known that the property was used in the
	course of, intended for use in the course of, derived from, or
	realized through conduct constituting an offense under Section
	72.02, 72.03, or 72.04, Penal Code.
	(e)  Testimony presented by the property owner at the
	hearing:
	(1)  is not admissible against the property owner in
	any criminal proceeding except in a criminal prosecution for
	perjury or false statement; and
	(2)  does not constitute a waiver of the property
	owner's constitutional right against self-incrimination.
	(f)  Except as provided by Subsection (g), a RICO lien notice
	secured under this section is valid for a period of 90 days from the
	date the court granted authorization and may be extended for an
	additional 90 days by the court for good cause shown.
	(g)  If a civil action is instituted under Chapter 140B,
	Civil Practice and Remedies Code, and a RICO lien notice is filed
	under this subchapter, the term of the lien notice is governed by
	this subchapter.
	(h)  The filing of a RICO lien notice, regardless of whether
	subsequently discharged or otherwise lifted, constitutes notice to
	the owner and knowledge by the owner that the property was used in
	the course of, intended for use in the course of, derived from, or
	realized through conduct constituting an offense under Section
	72.02, 72.03, or 72.04, Penal Code, such that lack of such notice
	and knowledge is not a defense in any subsequent civil action under
	Chapter 140B, Civil Practice and Remedies Code, or a subsequent
	criminal proceeding under Chapter 72, Penal Code.
	Sec. 68.053.  FORMAT OF NOTICE. (a)  A RICO lien notice must
	be signed by the attorney general or the attorney general's
	designee or by a local prosecutor or the local prosecutor's
	designee.
	(b)  A RICO lien notice must be in the form prescribed by the
	attorney general and must include:
	(1)  the name of the person against whom a civil action
	has been brought under Chapter 140B, Civil Practice and Remedies
	Code, and at the discretion of the investigative agency may also
	include any other aliases, names, or fictitious names under which
	the person may be known and any corporation, partnership, or other
	entity that is either controlled or entirely owned by the person;
	(2)  if known to the investigative agency, the current
	residence and business addresses of the person named in the notice
	and of the other names included in the notice;
	(3)  a reference to an applicable civil action,
	stating:
	(A)  that an action under Chapter 140B, Civil
	Practice and Remedies Code, has been brought against the person
	named in the notice;
	(B)  the name of each county in which the action
	has been brought; and
	(C)  if known to the investigative agency at the
	time of filing the notice, the cause number of the action;
	(4)  a statement that the notice is being filed under
	this chapter; and
	(5)  the name and address of the investigative agency
	filing the notice and the name of the individual signing the notice.
	(c)  A RICO lien notice must apply only to one person and, to
	the extent applicable, any other aliases, names, or fictitious
	names of that person, including the names of corporations,
	partnerships, or other entities, to the extent permitted by
	Subsection (b)(1).  A separate notice must be filed for each person
	against whom the investigative agency desires to file a RICO lien
	notice under this subchapter.
	Sec. 68.054.  SERVICE OF NOTICE. (a)  An investigative
	agency shall, as soon as practicable after the filing of each RICO
	lien notice, provide to the person named in the notice:
	(1)  a copy of the recorded notice; or
	(2)  a copy of the notice that states each county in
	which the notice has been recorded.
	(b)  The failure of the investigative agency to provide a
	copy of a RICO lien notice under this section does not invalidate or
	otherwise affect the notice.
	Sec. 68.055.  CREATION AND PRIORITY OF RICO LIEN. (a)
	Filing a RICO lien notice creates, from the time of its filing, a
	lien in favor of the state on the following property of the person
	named in the notice and against any other names set forth in the
	notice:
	(1)  any real property situated in the county where the
	notice is filed then or thereafter owned by the person or under any
	of the names; and
	(2)  any beneficial interest situated in the county
	where the notice is filed then or thereafter owned by the person or
	under any of the names.
	(b)  The lien shall commence and attach as of the time of
	filing of a RICO lien notice and shall continue thereafter until
	expiration, termination, or release of the notice under this
	subchapter.  The lien created in favor of the state is superior to
	the interest of any other person in the real property or beneficial
	interest if the interest is acquired subsequent to the filing of the
	notice.
	(c)  For purposes of this section, a beneficial interest is
	considered to be located where real property owned by the trustee is
	located.
	Sec. 68.056.  LIS PENDENS; INTERESTS OF PERSONS ACQUIRING
	INTEREST IN PROPERTY. (a)  In conjunction with a civil action
	brought under Chapter 140B, Civil Practice and Remedies Code, an
	investigative agency may file without prior court order in any
	county a notice of lis pendens under Section 12.007.  In such case,
	a person acquiring an interest in the subject real property or
	beneficial interest, if the real property or beneficial interest is
	acquired subsequent to the filing of the notice of lis pendens,
	shall take the interest subject to the civil action and any
	subsequent judgment of forfeiture.
	(b)  In conjunction with a civil action brought under Chapter
	140B, Civil Practice and Remedies Code, if a RICO lien notice has
	been filed, an investigative agency may name as a defendant, in
	addition to the person named in the notice, any person acquiring an
	interest in the real property or beneficial interest subsequent to
	the filing of the notice.  If a judgment of forfeiture is entered in
	the action in favor of the state, the interest of any person in the
	property that was acquired subsequent to the filing of the notice
	shall be subject to the notice and judgment of forfeiture.
	Sec. 68.057.  DUTIES OF TRUSTEE; CRIMINAL OFFENSE. (a)  A
	trustee who acquires actual knowledge that a RICO lien notice or a
	civil action brought under Chapter 140B, Civil Practice and
	Remedies Code, or criminal proceeding brought under Chapter 72,
	Penal Code, has been filed against a person for whom the trustee
	holds legal or record title to real property shall immediately
	furnish to the appropriate investigative agency:
	(1)  the name and address of the person, as known to the
	trustee;
	(2)  the name and address, as known to the trustee, of
	each other person for whose benefit the trustee holds title to the
	real property; and
	(3)  if requested by the investigative agency, a copy
	of the trust agreement or other instrument under which the trustee
	holds legal or record title to the real property.
	(b)  A trustee who violates this section commits an offense.
	An offense under this subsection is a Class B misdemeanor.
	Sec. 68.058.  LIABILITY OF TRUSTEE FOR CONVEYANCE OF TITLE.
	(a)  A trustee who conveys title to real property for which, at the
	time of the conveyance, a RICO lien notice naming a person who, to
	the actual knowledge of the trustee, holds a beneficial interest in
	the trust has been filed in the county where the real property is
	situated is liable to the state for the greatest of:
	(1)  the amount of proceeds received directly by the
	person named in the notice as a result of the conveyance;
	(2)  the amount of proceeds received by the trustee as a
	result of the conveyance and distributed to the person named in the
	notice; or
	(3)  the fair market value of the interest of the person
	named in the notice in the real property conveyed.
	(b)  Notwithstanding Subsection (a)(3), if a trustee conveys
	the real property and holds the proceeds that would otherwise be
	paid or distributed to the beneficiary or at the direction of the
	beneficiary or the beneficiary's designee, the trustee's liability
	does not exceed the amount of the proceeds held for so long as the
	proceeds are held by the trustee.
	(c)  An investigative agency may bring a civil action in any
	district court against a trustee to recover from the trustee the
	amount described by Subsection (a) and is entitled to recover
	investigative costs and attorney's fees incurred by the
	investigative agency.
	Sec. 68.059.  EFFECT ON TRUST OF RICO LIEN NOTICE. (a)  The
	filing of a RICO lien notice does not constitute a lien on the
	record title to real property as owned by a trustee except to the
	extent that the trustee is named in the notice.
	(b)  The filing of a RICO lien notice does not affect the use
	to which real property or a beneficial interest owned by the person
	named in the notice may be put or the right of the person to receive
	any avails, rents, or other proceeds resulting from the use and
	ownership, but not the sale, of the property until a judgment of
	forfeiture is entered.
	Sec. 68.060.  TRUST EXCEPTIONS. (a)  This chapter does not
	apply to a conveyance by a trustee under a court order, unless that
	court order is entered in an action between the trustee and the
	beneficiary.
	(b)  Unless the trustee has actual knowledge that a person
	owning a beneficial interest in the trust is named in a RICO lien
	notice or is otherwise a defendant in a civil action brought under
	Chapter 140B, Civil Practice and Remedies Code, this subchapter
	does not apply to a conveyance by the trustee:
	(1)  required under the terms of the trust agreement
	that is a matter of public record before the filing of the lien
	notice; or
	(2)  to all of the persons who own beneficial interests
	in the trust.
	Sec. 68.061.  RIGHTS OF INNOCENT PERSONS. All forfeitures
	or dispositions under this chapter must be made with due provision
	for the rights of innocent persons.
	Sec. 68.062.  EXPIRATION, RENEWAL, AND RELEASE OF RICO LIEN
	NOTICE. (a)  Unless renewed by the investigative agency, a RICO
	lien notice expires on the sixth anniversary of the date it was
	filed. If the investigative agency renews the notice, the notice
	expires on the sixth anniversary of the date it was renewed. The
	investigative agency may renew the notice only once.
	(b)  The investigative agency filing a RICO lien notice may
	wholly or partly release the notice or may release any specific real
	property or beneficial interest from the notice on the
	investigative agency's own terms. A release of the notice may be
	filed in the official records of any county. A charge or fee may not
	be imposed for the filing of the release.
	Sec. 68.063.  EFFECT OF CRIMINAL CASE ON RICO LIEN NOTICE.
	If a civil action has not been brought by an investigative agency
	seeking a forfeiture of any property owned by the person named in
	the RICO lien notice, the acquittal in a criminal proceeding
	brought under Chapter 72, Penal Code, of the person named in the
	notice or the dismissal of the criminal proceeding terminates the
	notice and, in such case, the filing of the notice is void.  If the
	criminal proceeding has been dismissed or the person named in the
	notice has been acquitted in the criminal proceeding, the notice
	continues for the duration of a civil action brought under Chapter
	140B, Civil Practice and Remedies Code.
	Sec. 68.064.  TERMINATION OR RELEASE OF RICO LIEN NOTICE BY
	COURT. (a)  If a civil action brought under Chapter 140B, Civil
	Practice and Remedies Code, is not pending against a person named in
	a RICO lien notice, the person may bring an action in the county
	where the notice has been filed against the investigative agency
	that filed the notice seeking a release or extinguishment of the
	notice.
	(b)  In an action brought under this section, the court
	shall, on the motion of the person named in the RICO lien notice,
	immediately enter an order setting a date for hearing that is not
	earlier than the fifth day and not later than the 10th day after the
	date the action is filed, and the order and a copy of the complaint
	shall be served on the investigative agency not later than the third
	day after the date the action is filed.
	(c)  At the hearing set under Subsection (b), the court shall
	take evidence on the issue of whether any real property or
	beneficial interest owned by the person named in the RICO lien
	notice is covered by the notice or is otherwise subject to
	forfeiture under Chapter 140B, Civil Practice and Remedies Code.
	(d)  If, at the hearing under Subsection (b), the person
	named in the RICO lien notice shows by a preponderance of the
	evidence that the notice is not applicable to the person or that any
	real property or beneficial interest owned by the person is not
	subject to forfeiture under Chapter 140B, Civil Practice and
	Remedies Code, the court shall enter a judgment terminating the
	notice or releasing the real property or beneficial interest from
	the notice.
	(e)  A court shall immediately enter its order releasing from
	a RICO lien notice any specific real property or beneficial
	interest if a sale of that real property or beneficial interest is
	pending and the filing of the notice prevents the sale of the
	property or interest. Proceeds resulting from the sale of that real
	property or beneficial interest shall be deposited into the
	registry of the court, subject to the further order of the court.
	(f)  At the hearing under Subsection (b), the court may
	release any real property or beneficial interest from the RICO lien
	notice, on the posting by the person named in the notice of security
	that is equal to the value of the real property or beneficial
	interest owned by the person.
	(g)  If a civil action brought under Chapter 140B, Civil
	Practice and Remedies Code, is pending against a person named in a
	RICO lien notice, the court on motion by the person may grant the
	relief described by this section.
	SECTION 8.  (a) Chapter 140B, Civil Practice and Remedies
	Code, as added by this Act, applies only to a cause of action that
	accrues on or after the effective date of this Act.
	(b)  Section 71.02, Penal Code, as amended by this Act,
	applies only to an offense committed on or after the effective date
	of this Act.  An offense committed before the effective date of this
	Act is governed by the law in effect when 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 9.  To the extent of any conflict, this Act prevails
	over another Act of the 88th Legislature, Regular Session, 2023,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 10.  This Act takes effect September 1, 2023.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 4635 was passed by the House on May 5,
	2023, by the following vote:  Yeas 112, Nays 24, 1 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 4635 on May 25, 2023, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 4635 on May 28, 2023, by the following vote:  Yeas 105,
	Nays 35, 2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 4635 was passed by the Senate, with
	amendments, on May 23, 2023, by the following vote:  Yeas 30, Nays
	1; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	4635 on May 28, 2023, by the following vote:  Yeas 30, Nays 1.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor