
Art. 59.01. DEFINITIONS.  In this chapter:                                     
	(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)(vii) 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(b), 20.05, 21.11, 
38.04, Subchapter B of Chapter 43, or Chapter 29, 30, 31, 32, 33, 
33A, or 35, Penal Code;
	(iii)  any felony under The Securities Act (Article 581-1 et 
seq., Vernon's Texas Civil Statutes);  or
	(iv)  any offense under Chapter 49, 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, Health and Safety Code 
(Texas Controlled Substances Act);
	(ii)  any felony under Chapter 483, Health and Safety Code;                    
	(iii)  a felony under Chapter 153, Finance Code;                               
	(iv)  any felony under Chapter 34, Penal Code;                                 
	(v)  a Class A misdemeanor under Subchapter B, Chapter 365, 
Health and Safety Code, if the defendant has been previously 
convicted twice of an offense under that subchapter;
	(vi)  any felony under Chapter 152, Finance Code;                              
	(vii)  any felony under Chapter 31, 32, or 37, Penal Code, 
that involves the state Medicaid program, or any felony under 
Chapter 36, Human Resources Code;  or
	(viii)  a Class B misdemeanor under Section 35.60, Business &
Commerce 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)(viii) 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)(viii) of this subdivision, or a 
crime of violence;  or
	(E)  used to facilitate or intended to be used to facilitate 
the commission of a felony under Section 15.031 or 43.25, 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 an accident 
caused by a driver in violation of Section 550.021, 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(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.

Added by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 1, eff. Oct. 
18, 1989.  Subd. (2) amended by Acts 1991, 72nd Leg., ch. 102, Sec. 
2, eff. Sept. 1, 1991;  Subds. (1), (2) amended by Acts 1993, 73rd 
Leg., ch. 828, Sec. 1, eff. Sept. 1, 1993;  Subd. (2) amended by Acts 
1993, 73rd Leg., ch. 761, Sec. 5, eff. Sept. 1, 1993.  Amended by 
Acts 1993, 73rd Leg., ch. 780, Sec. 1, eff. Sept. 1, 1993.  Subd. (2) 
amended by Acts 1995, 74th Leg., ch. 621, Sec. 3, eff. Sept. 1, 
1995;  Acts 1995, 74th Leg., ch. 708, Sec. 2, eff. Sept. 1, 1995;  
Subd. (3) amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.91, 
5.95(112), eff. Sept. 1, 1995;  Subd. (2) amended by Acts 1997, 75th 
Leg., ch. 306, Sec. 6, eff. Sept. 1, 1997;  Subd. (2) amended by Acts 
1999, 76th Leg., ch. 62, Sec. 7.48, eff. Sept. 1, 1999;  Subd. (3) 
amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.09, eff. Sept. 1, 
1999;  Subd. (2) amended by Acts 2001, 77th Leg., ch. 467, Sec. 1, 
eff. Sept. 1, 2001;  Subd. (7) amended by Acts 2001, 77th Leg., ch. 
124, Sec. 1, eff. Sept. 1, 2001;  Subds. (9) to (11) added by Acts 
2001, 77th Leg., ch. 438, Sec. 1, eff. Sept. 1, 2001;  Subds. (1) and 
(2) amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.141, eff. Sept. 
1, 2003;  Subds. (1) and (2) amended by Acts 2003, 78th Leg., ch. 
257, Sec. 17, eff. Sept. 1, 2003;  Subd. (2) amended by Acts 2003, 
78th Leg., ch. 649, Sec. 3, eff. Sept. 1, 2003;  Subd. (2) amended by 
Acts 2003, 78th Leg., ch. 1005, Sec. 7, eff. Sept. 1, 2003;  Subd. 
(7) amended by Acts 2003, 78th Leg., ch. 428, Sec. 1, eff. Sept. 1, 
2003; Subd. (1) amended by Acts 2005, 79th Leg., ch. 944, Sec. 1, 
eff. Sept. 1. 2005; Subd. (2) amended by Acts 2005, 79th Leg., ch. 
617, Sec. 1, eff. Sept. 1, 2005;  Subd. (2) amended by Acts 2005, 
79th Leg., ch. 728, Sec. 4.008, eff. Sept. 1, 2005;  Subd. (2) 
amended by Acts 2005, 79th Leg., ch. 944, Sec. 2, eff. Sept. 1, 
2005;  Subd. (2) amended by Acts 2005, 79th Leg., ch. 1026, Sec. 4, 
eff. Sept. 1, 2005;  Subd. (8) amended by Acts 2005, 79th Leg., ch. 
1026, Sec. 3, Sept. 1, 2005.
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Last modified: August 10, 2007