(a) In this article, “counterfeit mark” and “protected mark” have the meanings assigned by § 32.23, Penal Code.
(b) Following the conviction or placement on deferred adjudication community supervision of a person for an offense under § 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.