Bill Text: TX SB1164 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the disposition of an item bearing a counterfeit trademark seized in connection with a criminal offense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB1164 Detail]
Download: Texas-2019-SB1164-Enrolled.html
S.B. No. 1164 |
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relating to the disposition of an item bearing a counterfeit | ||
trademark seized in connection with a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 18, Code of Criminal Procedure, is | ||
amended by adding Article 18.182 to read as follows: | ||
Art. 18.182. DISPOSITION OF ITEM BEARING COUNTERFEIT MARK. | ||
(a) In this article, "counterfeit mark" and "protected mark" have | ||
the meanings assigned by Section 32.23, Penal Code. | ||
(b) Following the conviction or placement on deferred | ||
adjudication community supervision of a person for an offense under | ||
Section 32.23, Penal Code, the court entering the judgment of | ||
conviction or order of deferred adjudication community supervision | ||
shall order that any item bearing or identified by a counterfeit | ||
mark seized in connection with the offense be: | ||
(1) forfeited to the owner of the protected mark, if | ||
prior to an order disposing of property under this article the owner | ||
of the protected mark requests the return of the item; or | ||
(2) destroyed. | ||
SECTION 2. The change in law made 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 on the date 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 was | ||
committed before that date. | ||
SECTION 3. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1164 passed the Senate on | ||
April 25, 2019, by the following vote: Yeas 30, Nays 0; and that | ||
the Senate concurred in House amendment on May 23, 2019, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1164 passed the House, with | ||
amendment, on May 17, 2019, by the following vote: Yeas 147, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |