84R10827 SCL-F
	By: Raymond	H.B. No. 3435

	A BILL TO BE ENTITLED
	AN ACT
	relating to civil and criminal actions related to racketeer
	influenced and corrupt organizations; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  (a) The legislature finds that a severe problem
	is posed in this state by the increasing sophistication of various
	criminal elements and the increasing extent to which this state and
	its citizens are harmed as a result of the activities of these
	elements.
	(b)  The legislature declares that the intent of this Act is
	to impose sanctions against those who violate this Act and to
	provide compensation to persons injured or aggrieved by those
	violations. It is not the intent of the legislature that isolated
	incidents of misdemeanor conduct or acts of civil disobedience be
	prosecuted under this Act. It is the intent of the legislature,
	however, that this Act apply to an interrelated pattern of criminal
	activity motivated by or the effect of which is pecuniary gain or
	economic or physical threat or injury. This Act shall be liberally
	construed in providing remedies.
	SECTION 2.  Title 6, Civil Practice and Remedies Code, is
	amended by adding Chapter 140B to read as follows:
	CHAPTER 140B. CIVIL ACTIONS RELATED TO RACKETEER INFLUENCED AND
	CORRUPT ORGANIZATIONS
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 140B.001.  DEFINITIONS. In this chapter:
	(1)  "Enterprise" means:
	(A)  a sole proprietorship, corporation,
	partnership, association, labor union, business trust, or other
	legal entity; or
	(B)  any group of individuals associated in fact
	although not a legal entity.
	(2)  "Local prosecutor" means a district attorney,
	criminal district attorney, or county attorney with felony criminal
	jurisdiction.
	(3)  "Racketeering" means an act described by Section
	140B.002.
	Sec. 140B.002.  RACKETEERING. (a) A person or enterprise
	commits racketeering if the person or enterprise commits an
	offense, including any preparatory offense, or solicits, coerces,
	or intimidates another person to commit an offense under the
	following laws:
	(1)  criminal homicide as described by Chapter 19,
	Penal Code;
	(2)  kidnapping or unlawful restraint as described by
	Chapter 20, Penal Code;
	(3)  an assaultive offense as described by Chapter 22,
	Penal Code;
	(4)  arson, criminal mischief, or other property damage
	or destruction as described by Chapter 28, Penal Code;
	(5)  robbery as described by Chapter 29, Penal Code;
	(6)  burglary as described by Chapter 30, Penal Code;
	(7)  theft as described by Chapter 31, Penal Code;
	(8)  fraud as described by Chapter 32, Penal Code;
	(9)  a computer crime as described by Chapter 33, Penal
	Code;
	(10)  money laundering as described by Chapter 34,
	Penal Code;
	(11)  bribery or another offense involving corrupt
	influence as described by Chapter 36, Penal Code;
	(12)  perjury or another offense involving
	falsification as described by Chapter 37, Penal Code;
	(13)  obstruction of a governmental operation as
	described by Chapter 38, Penal Code;
	(14)  prostitution or obscenity as described by Chapter
	43, Penal Code;
	(15)  trafficking of explosive weapons, firearms, or
	components of explosives as described by Chapter 46, Penal Code;
	(16)  gambling as described by Chapter 47, Penal Code;
	(17)  engaging in organized criminal activity as
	described by Section 71.02, Penal Code;
	(18)  distillation, manufacture, or transportation of
	alcoholic beverages in violation of the Alcoholic Beverage Code;
	(19)  manufacture or delivery of a controlled substance
	or dangerous drug as described by Chapter 481 or 483, Health and
	Safety Code; and
	(20)  intentional or reckless fraud in the purchase or
	sale of securities as described by Section 29, The Securities Act
	(Article 581-29, Vernon's Texas Civil Statutes).
	(b)  A person or enterprise commits racketeering if the
	person or enterprise commits or threatens to commit an offense
	described by this subsection, including any preparatory offense,
	under the laws of this state or another state or under federal law
	that is punishable by imprisonment for a term of more than one year
	under the jurisdiction in which the violation occurred, and that is
	from the following list:
	(1)  criminal homicide;
	(2)  kidnapping or unlawful restraint;
	(3)  arson;
	(4)  robbery;
	(5)  theft, receipt of stolen property, or extortion;
	(6)  bribery or another offense involving corrupt
	influence;
	(7)  obstruction of justice;
	(8)  gambling;
	(9)  manufacture or delivery of a controlled substance
	or dangerous drug; and
	(10)  intentional or reckless fraud in the purchase or
	sale of securities.
	Sec. 140B.003.  RECIPROCITY WITH OTHER JURISDICTIONS. (a)
	Notwithstanding any other law, a valid judgment rendered by a court
	of a jurisdiction having a law substantially similar to this
	chapter will be recognized and enforced by a court of this state to
	the extent that a judgment rendered by a court of this state under
	this chapter would be enforced in the other jurisdiction.
	(b)  The attorney general may enter into a reciprocal
	agreement to further the purposes of this chapter with the attorney
	general or chief prosecuting attorney of another jurisdiction
	having a law substantially similar to this chapter.
	SUBCHAPTER B. CIVIL ACTIONS AND REMEDIES
	Sec. 140B.051.  SUIT TO ABATE RACKETEERING; SUIT FOR
	DAMAGES. (a) A person aggrieved by racketeering or the attorney
	general or a local prosecutor in the name of the state may bring
	suit against a person or enterprise for racketeering and may seek
	any remedy or relief provided by Section 140B.052.
	(b)  A person who sustains damages caused by racketeering may
	also recover three times the amount of the actual damages sustained
	by the person and, in accordance with Chapter 41, exemplary
	damages.
	(c)  A suit under this chapter must be brought in a district
	court in a county in which all or part of the alleged racketeering
	offense giving rise to the suit occurred.
	Sec. 140B.052.  INJUNCTIVE RELIEF AND OTHER REMEDIES. (a) A
	court in which a proceeding is brought under this chapter may
	prevent, restrain, and remedy racketeering by issuing any
	appropriate order, including a temporary restraining order, a
	temporary or permanent injunction, the creation of a receivership,
	and the enforcement of a constructive trust in connection with any
	property or other interest, prejudgment writs of attachment under
	Chapter 61 for the purposes of freezing, preserving, and disgorging
	assets, or another order for a remedy or restraint the court
	considers proper.
	(b)  Following a final determination of liability under this
	chapter, the court may issue an appropriate order, including an
	order that:
	(1)  requires a person to divest any direct or indirect
	interest in an enterprise or real or personal property;
	(2)  imposes reasonable restrictions on the future
	activities or investments of a person that affect the laws of this
	state, including prohibiting a person from engaging in the type of
	endeavor or enterprise that gave rise to the racketeering offense,
	to the extent permitted by the constitutions of this state and the
	United States;
	(3)  requires the dissolution or reorganization of an
	enterprise involved in the suit;
	(4)  orders the suspension or revocation of a license,
	permit, or other authorization granted to an enterprise by a state
	agency;
	(5)  orders the revocation of a certificate of
	formation or registration issued by the secretary of state for an
	enterprise whose agent authorized or engaged in racketeering if the
	public interest requires the revocation;
	(6)  orders the recovery of reasonable fees, expenses,
	and costs incurred in obtaining injunctive relief or civil remedies
	or in conducting investigations under this chapter, including court
	costs, attorney's fees, witness fees, and deposition fees; or
	(7)  orders that property attached under Chapter 61 be
	used to satisfy an award in the proceeding, including damages,
	penalties, costs, and fees.
	(c)  If property attached under Chapter 61 is not necessary
	to satisfy an award of the court after a finding of liability for
	racketeering of the person or enterprise having an interest in the
	property, the court may order that the property be disgorged to the
	state to the extent of the person's or enterprise's interest.  To be
	disgorged, the property must be acquired or maintained by the
	person or enterprise through racketeering.
	(d)  Except as otherwise provided by this chapter, remedies
	and awards ordered by a court under this chapter, including costs
	and reasonable attorney's fees, may be assessed against and paid
	from money or property awarded under this chapter.
	(e)  This chapter is not intended to provide the exclusive
	remedy for the activity addressed by this chapter.  A proceeding
	under this chapter may be brought in addition to or in the
	alternative of any other civil or criminal action available under
	the laws of this state.
	(f)  Notwithstanding any other provision in this chapter,
	Articles 59.13 and 59.14, Code of Criminal Procedure, apply to a
	remedy under this section.
	(g)  A remedy under this section may not impair a security
	interest in property subject to a bona fide lien.
	Sec. 140B.053.  RECOVERY FROM FORFEITED PROPERTY. (a) A
	person who sustains damages caused by racketeering has a right or
	claim to property forfeited under Chapter 59, Code of Criminal
	Procedure, in connection with that racketeering activity, or any
	proceeds of the forfeited property, that is superior to any right or
	claim of the state or county other than for costs.
	(b)  A person may enforce a right or claim described by this
	section only by intervening in the forfeiture proceeding before its
	final disposition.
	Sec. 140B.054.  EVIDENCE RELATED TO CRIMINAL PROCEEDING. A
	person convicted in a criminal proceeding is precluded, in a
	proceeding under this chapter, from subsequently denying the
	essential allegations of the criminal offense of which the person
	was convicted.  For purposes of this subsection, a verdict or a
	plea, including a plea of nolo contendere, is considered a
	conviction.
	Sec. 140B.055.  LIMITATIONS PERIOD. (a) A proceeding may be
	commenced under this chapter only if the proceeding is filed on or
	before the fifth anniversary of the date on which the racketeering
	offense was actually discovered.  This section supersedes any
	conflicting provision establishing a shorter period of limitations
	for the same conduct.
	(b)  If the attorney general or a local prosecutor brings an
	action in the name of the state under this chapter during the
	limitations period described by Subsection (a), the limitations
	period for another action arising from the same series of events
	that gave rise to the attorney general's or local prosecutor's
	action 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.
	Sec. 140B.056.  SPECIAL DOCKETING PROCEDURES.  The attorney
	general or local prosecutor may file with the clerk of the district
	court in which a proceeding 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 proceeding is pending.  On receiving the
	copy of the certificate, the administrative judge shall immediately
	designate a judge to hear and determine the proceeding.  The
	designated judge shall promptly assign the proceeding for hearing,
	participate in hearings, make determinations, and cause the action
	to be expedited.
	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 during the investigation
	of the offense biological matter is collected and 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;
	(D)  continuous sexual abuse of young child or
	children 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; or
	(H)  continuous trafficking of persons under
	Section 20A.03, 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 he exercises control in his 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);
	(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)  securing execution of document by deception;
	(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)  Medicaid fraud under Section 35A.02, Penal
	Code; or
	(I)  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;
	(C)  compelling prostitution under Section
	43.05(a)(2), Penal Code; or
	(D)  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; or
	(7)  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.  PATTERN OF RACKETEERING. (a) Except as
	provided by Subsection (b), a felony indictment for illegal control
	or conduct of an enterprise under Section 72.02, 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.  Title 11, Penal Code, is amended by adding
	Chapter 72 to read as follows:
	CHAPTER 72. RACKETEERING
	Sec. 72.001.  DEFINITIONS. In this chapter:
	(1)  "Enterprise" and "racketeering" have the
	meanings assigned by Section 140B.001, Civil Practice and Remedies
	Code.
	(2)  "Pattern of racketeering activity" means:
	(A)  the commission of at least two acts of
	racketeering within a four-year period, excluding any period of
	imprisonment, in furtherance of one or more incidents, schemes, or
	transactions that have the same or similar intents, results,
	accomplices, victims, or methods of commission or otherwise are
	interrelated by distinguishing characteristics and are not
	isolated incidents, provided at least one of those acts occurred on
	or after September 1, 2015; or
	(B)  engaging in one or more acts of domestic
	terrorism or any criminal attempt, criminal solicitation, or
	criminal conspiracy related to domestic terrorism.
	(3)  "Pecuniary value" means:
	(A)  anything of value in the form of cash, a
	negotiable instrument, a commercial interest, or another form of
	economic advantage; or
	(B)  any other property or service that has a
	value greater than $100.
	Sec. 72.002.  ILLEGAL CONTROL OR CONDUCT OF ENTERPRISE.  (a)
	A person commits an offense if the person knowingly:
	(1)  through a pattern of racketeering activity or the
	proceeds of a pattern of racketeering activity, acquires or
	maintains, directly or indirectly, an interest in or control of an
	enterprise or property, including money;
	(2)  is employed by or associated with an enterprise
	and conducts or participates in, directly or indirectly, any of the
	affairs of the enterprise through a pattern of racketeering
	activity; or
	(3)  directly or indirectly participates in the conduct
	of an enterprise that the person knows is being wholly or partly
	conducted through a pattern of racketeering activity.
	(b)  An offense under this section is a felony of the second
	degree punishable by:
	(1)  a fine not to exceed the greater of:
	(A)  $25,000; or
	(B)  three times the amount of pecuniary value
	gained from the offense;
	(2)  imprisonment for not less than five years or more
	than 20 years; or
	(3)  both the fine and imprisonment.
	(c)  Notwithstanding any other law, a court may assess the
	fine described by Subsection (b) instead of another fine authorized
	by law.
	(d)  An offense under this section is considered to have been
	committed in any county in which racketeering occurred or in which
	an interest or control of an enterprise or property is acquired or
	maintained by racketeering.
	SECTION 6.  Subtitle B, Title 5, Property Code, is amended by
	adding Chapter 66 to read as follows:
	CHAPTER 66. RICO LIENS
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 66.001.  DEFINITIONS. In this chapter:
	(1)  "Beneficial interest":
	(A)  means:
	(i)  an interest of a person as a beneficiary
	under a trust arrangement under which a trustee holds title to real
	property for the person's benefit; or
	(ii)  an interest of a person under any other
	form of express fiduciary arrangement under which another person
	holds title to real property for the person's benefit; and
	(B)  does not include an interest of a stockholder
	in a corporation or an interest of a partner in either a general
	partnership or limited partnership.
	(2)  "Local prosecutor" means a district attorney,
	criminal district attorney, or county attorney with felony criminal
	jurisdiction.
	(3)  "RICO lien notice" means a lien notice filed under
	Section 66.051.
	(4)  "Trustee":
	(A)  means a person who holds title to real
	property in which any other person has a beneficial interest; and
	(B)  does not include:
	(i)  a person appointed or acting as a
	guardian or conservator of a ward or a personal representative of an
	estate; or
	(ii)  a person appointed or acting as a
	trustee of a testamentary trust or as trustee of any indenture of
	trust under which bonds are issued or are to be issued.
	SUBCHAPTER B. FILING OF NOTICE
	Sec. 66.051.  FILING OF LIEN NOTICE. (a)  On commencing a
	civil proceeding under Chapter 140B, Civil Practice and Remedies
	Code, or at any time while the proceeding is pending, the attorney
	general or local prosecutor may file for recording in the public
	records of any one or more counties, a RICO lien notice that
	complies with this chapter.
	(b)  The county clerk may not charge a fee for filing a RICO
	lien notice.
	(c)  The county clerk shall immediately record a RICO lien
	notice filed under this section.
	Sec. 66.052.  FORM AND CONTENT OF NOTICE. (a) A RICO lien
	notice must be signed by the attorney general or local prosecutor or
	the attorney general's or local prosecutor's designee and be in a
	form prescribed by the attorney general.
	(b)  The notice must include:
	(1)  the name of the person against whom the civil
	proceeding has been brought, including, at the attorney general's
	or local prosecutor's discretion, any other alias, name, or
	fictitious name under which the person may be known and any legal
	entity controlled by or entirely owned by the person;
	(2)  if known to the attorney general or local
	prosecutor, the present residence and business addresses of the
	person;
	(3)  a reference to the civil proceeding stating that a
	proceeding has been brought under Chapter 140B, Civil Practice and
	Remedies Code, against the person named in the notice, the name of
	the county or counties in which a proceeding under that chapter has
	been brought, and, if known to the attorney general or local
	prosecutor at the time the notice is filed, the case number of the
	proceeding; and
	(4)  a statement that the notice is filed pursuant to
	this chapter.
	(c)  The attorney general or local prosecutor must file a
	separate lien notice for each person the attorney general or local
	prosecutor intends to be affected by the filing of notice.
	Sec. 66.053.  NOTICE TO PERSON NAMED. (a) The attorney
	general or local prosecutor shall, as soon as practicable after the
	filing of a RICO lien notice, provide the person named in the
	notice a copy of the recorded notice or a copy of the notice with an
	indication of each county in which the notice has been recorded.
	(b)  The failure to provide notice required by this section
	does not affect the validity of the notice.
	Sec. 66.054.  LIS PENDENS. In addition to filing a RICO lien
	notice, the attorney general or local prosecutor may file a lis
	pendens with respect to any real property owned by a person against
	whom the attorney general or local prosecutor brings a proceeding
	under Chapter 140B, Civil Practice and Remedies Code.
	SUBCHAPTER C. EFFECT OF LIEN NOTICE
	Sec. 66.101.  EFFECT OF LIEN NOTICE. (a)  The filing of a
	RICO lien notice creates a lien from the time of filing in favor of
	the state on the following property of the person named in the
	notice:
	(1)  any real property situated in the county where the
	notice is filed owned by the named person at the time the notice is
	filed or acquired after that time; and
	(2)  any beneficial interest in real property situated
	in that county held by the named person at the time the notice is
	filed or acquired after that time.
	(b)  The filing of the lien notice creates a lien in favor of
	the state that:
	(1)  attaches at the time the notice is filed; and
	(2)  is superior and prior to the interest of any other
	person in the real property or beneficial interest if the interest
	is acquired after the notice is filed.
	Sec. 66.102.  SUBSEQUENT OWNERS. (a) If a RICO lien notice
	has been filed, the attorney general or local prosecutor may name as
	a defendant in the related proceeding under Chapter 140B, Civil
	Practice and Remedies Code, any person who acquires an interest in
	the real property or beneficial interest after the notice is filed.
	(b)  If a judgment of forfeiture is entered under Chapter 59,
	Code of Criminal Procedure, against property owned by the person
	named in the RICO lien notice or in which that person has a
	beneficial interest, the interest of any person in the property
	that is acquired after the lien notice was filed is subject to the
	judgment.
	Sec. 66.103.  EFFECT OF LIEN NOTICE ON USE OF PROPERTY. The
	filing of a RICO lien notice does not affect the use to which real
	property owned by a person named in the lien notice or in which the
	person has a beneficial interest may be put or the right of the
	person to receive any rents or other proceeds arising from the use
	and ownership of the property other than proceeds of sale until a
	judgment of forfeiture is entered.
	SUBCHAPTER D. TRUST PROPERTY AND BENEFICIAL INTERESTS IN PROPERTY
	Sec. 66.151.  DUTIES OF TRUSTEE; OFFENSE. (a) A trustee who
	has actual knowledge of a RICO lien notice or a civil or criminal
	proceeding relating to racketeering brought against a person having
	a beneficial interest in real property to which the trustee holds
	title shall provide to the attorney general or local prosecutor, as
	applicable:
	(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
	property; and
	(3)  if requested by the attorney general or local
	prosecutor, a copy of the trust agreement or other instrument under
	which the trustee holds title to the property.
	(b)  A person who violates this section commits an offense.
	(c)  An offense under this section is a Class B misdemeanor.
	Sec. 66.152.  TRUSTEE LIABILITY. (a)  Subject to Subsection
	(b), a trustee who conveys title to real property held in trust by
	the trustee that is subject to a RICO lien notice at the time of the
	conveyance that names a person who, to the trustee's actual
	knowledge, has a beneficial interest in the real property is liable
	to the state for the greater of:
	(1)  the amount of the proceeds received directly by
	the person named in the lien notice as a result of the conveyance;
	(2)  the amount of the proceeds received by the trustee
	as a result of the conveyance and distributed to the person named in
	the lien notice; or
	(3)  the fair market value of the interest of the person
	named in the lien notice in the property conveyed.
	(b)  If the 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 under this section
	does not exceed the amount of those proceeds as long as the proceeds
	continue to be held by the trustee.
	(c)  The attorney general or local prosecutor may bring a
	civil proceeding against the trustee to recover from the trustee
	any amount for which the trustee is liable under this section.
	Sec. 66.153.  EFFECT OF LIEN NOTICE ON TRUST PROPERTY. The
	filing of a RICO lien notice does not constitute a lien on real
	property held in trust by a trustee to which the trustee holds title
	except to the extent the trustee is named in the lien notice.
	Sec. 66.154.  CERTAIN CONVEYANCES OF TRUST PROPERTY. (a)
	This chapter does not apply to a conveyance by a trustee pursuant to
	a court order unless the court order is entered in an action between
	the trustee and a beneficiary.
	(b)  Unless the trustee has actual knowledge that a person
	having a beneficial interest in the trust is named in a RICO lien
	notice or is otherwise a defendant in a civil proceeding brought
	under Chapter 140B, Civil Practice and Remedies Code, or that an in
	rem forfeiture proceeding against property owned by the person has
	been commenced under Chapter 59, Code of Criminal Procedure, in
	connection with a pattern of racketeering activity under Chapter
	72, Penal Code, this chapter does not apply to:
	(1)  a conveyance by a trustee required under the terms
	of a trust agreement that is a matter of public record before the
	lien notice was filed; or
	(2)  a conveyance by a trustee to all persons having a
	beneficial interest in the trust.
	SUBCHAPTER E. TERM OF LIEN
	Sec. 66.201.  EXPIRATION OF LIEN. (a)  A lien created by the
	filing of a RICO lien notice expires on the sixth anniversary of the
	date of filing unless a notice of lien renewal has been filed before
	that time.
	(b)  A RICO lien notice may be renewed only once. The renewal
	of the notice extends the lien created by the notice for an
	additional six years from the date the renewal notice is filed.
	Sec. 66.202.  RELEASE OF LIEN. (a) The attorney general or
	local prosecutor may release a RICO lien wholly or partly on terms
	and conditions the attorney general or local prosecutor considers
	appropriate.
	(b)  A release of lien under this section may be filed in the
	public records of any county. The county clerk may not impose a fee
	for the filing of the release.
	Sec. 66.203.  TERMINATION OF LIEN. (a) If no civil
	proceeding under Chapter 140B, Civil Practice and Remedies Code, or
	in rem proceeding under Chapter 59, Code of Criminal Procedure, has
	been commenced, the acquittal of the person in a criminal
	proceeding in connection with a pattern of racketeering activity
	under Chapter 72, Penal Code, or the dismissal of the criminal
	proceeding terminates the RICO lien notice and the notice has no
	effect.
	(b)  If a criminal proceeding in connection with a pattern of
	racketeering activity under Chapter 72, Penal Code, is dismissed or
	the person named in the lien notice is acquitted in the criminal
	proceeding, the lien continues in effect for the duration of any
	civil proceeding commenced under Chapter 140B, Civil Practice and
	Remedies Code, or in rem proceeding commenced under Chapter 59,
	Code of Criminal Procedure.
	Sec. 66.204.  ACTION TO RELEASE. (a)  If a proceeding is not
	pending against a person named in a RICO lien notice under Chapter
	140B, Civil Practice and Remedies Code, or against property owned
	by the person under Chapter 59, Code of Criminal Procedure, the
	person may commence an action against the attorney general or local
	prosecutor who filed the lien notice in the county in which the lien
	notice is filed seeking a release of the lien notice or
	extinguishment of the lien.
	(b)  If a person bringing an action under this section proves
	by a preponderance of the evidence that the RICO lien notice does
	not apply to the person or that any real property owned by the
	person or in which the person has a beneficial interest is not
	subject to forfeiture in connection with a pattern of racketeering
	activity under Chapter 72, Penal Code, the court shall enter a
	judgment extinguishing the lien notice or releasing the real
	property or beneficial interest from the lien.
	(c)  The court shall immediately enter an order releasing
	from the RICO lien notice any specific real property or beneficial
	interest if a sale of the property or beneficial interest is pending
	and the filing of the notice prevents the sale. Proceeds from the
	sale must be deposited into the registry of the court subject to
	further court order.
	(d)  The court may release from a RICO lien notice any real
	property or beneficial interest on the posting of security equal to
	the value of the real property interest or beneficial interest.
	(e)  If a civil proceeding is pending under Chapter 140B,
	Civil Practice and Remedies Code, against a person named in a RICO
	lien notice, or an in rem proceeding under Chapter 59, Code of
	Criminal Procedure, in connection with a pattern of racketeering
	activity under Chapter 72, Penal Code, is pending against real
	property owned by the person or in which the person has a beneficial
	interest, the court in the proceeding may, on motion of the person,
	grant relief authorized by this section.
	SECTION 7.  This Act takes effect September 1, 2015.