81R12126 KEL-D
By: Driver H.B. No. 2285
A BILL TO BE ENTITLED
AN ACT
relating to the use of proceeds from the sale of certain forfeited
property in a criminal trafficking case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.06, Code of Criminal Procedure, is
amended by adding Subsection (r) to read as follows:
(r)(1) Notwithstanding any other provision of this article,
and regardless of the existence of a local agreement between the
sheriff and the attorney representing the state, if the forfeited
property is a motor vehicle used in the commission of an offense
under Chapter 20A, Penal Code, the sheriff of the county in which
the offense was committed may sell the property and, after
deducting amounts as required or permitted by Subdivision (2),
shall deposit the proceeds of the sale into a county trafficking
property damage remedial fund in the county treasury. The sheriff
shall conduct any sale of the property in a manner that is
reasonably expected to result in the receipt of the fair market
value for the property.
(2) From the proceeds of a sale described by
Subdivision (1), the sheriff shall deduct any amount owed to an
interest holder, to the extent of the interest holder's
nonforfeitable interest. The sheriff may deduct costs to the
sheriff that were attributable to the sale, not to exceed 20 percent
of the proceeds of the sale minus any amount owed to an interest
holder.
(3) The sheriff shall administer a county trafficking
property damage remedial fund on behalf of property owners
described by this subdivision. Interest received from the
investment of money in the fund shall be credited to the fund. The
sheriff may use any money in the fund only to pay a civil judgment
for damages that is entered to provide relief to a property owner
with respect to real or personal property damaged or destroyed in
the county as a result of the commission of an offense under Chapter
20A, Penal Code. The sheriff shall timely pay the claim on
submission of an application and a copy of the appropriate judgment
and may reduce payment on the claim as necessary to account for any
recovery on the claim by the property owner from the defendant in
the claim. If a property owner accepts payment of a claim under
this subdivision, the sheriff is subrogated to all of the owner's
rights to receive damages or other form of compensation from a
collateral source for the loss to the property.
(4) As soon as practicable after an annual audit of any
county trafficking property damage remedial fund is performed under
Subsection (g), the sheriff shall submit the audit results for
publication in a newspaper with general circulation in the county.
The comptroller may perform an audit of the fund at any time,
regardless of whether the annual audit is timely performed within
the period required by Subsection (g)(1).
(5) Notwithstanding any other provision of this
subsection, if no claims are paid during any five-year period after
the date money is first deposited in a county trafficking property
damage remedial fund, the sheriff may elect to close the fund and
use the remaining money in the fund for any purpose for which a
county law enforcement agency may use money under this article.
SECTION 2. Article 59.06, Code of Criminal Procedure, as
amended by this Act, applies to personal property seized or taken
into custody on or after the effective date of this Act. Personal
property seized or taken into custody before the effective date of
this Act is governed by the law in effect on the date the property is
seized or taken into custody, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.