| 1 | 1 | | 81R12126 KEL-D |
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| 2 | 2 | | By: Driver H.B. No. 2285 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of proceeds from the sale of certain forfeited |
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| 8 | 8 | | property in a criminal trafficking case. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 59.06, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Subsection (r) to read as follows: |
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| 12 | 12 | | (r)(1) Notwithstanding any other provision of this article, |
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| 13 | 13 | | and regardless of the existence of a local agreement between the |
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| 14 | 14 | | sheriff and the attorney representing the state, if the forfeited |
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| 15 | 15 | | property is a motor vehicle used in the commission of an offense |
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| 16 | 16 | | under Chapter 20A, Penal Code, the sheriff of the county in which |
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| 17 | 17 | | the offense was committed may sell the property and, after |
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| 18 | 18 | | deducting amounts as required or permitted by Subdivision (2), |
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| 19 | 19 | | shall deposit the proceeds of the sale into a county trafficking |
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| 20 | 20 | | property damage remedial fund in the county treasury. The sheriff |
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| 21 | 21 | | shall conduct any sale of the property in a manner that is |
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| 22 | 22 | | reasonably expected to result in the receipt of the fair market |
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| 23 | 23 | | value for the property. |
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| 24 | 24 | | (2) From the proceeds of a sale described by |
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| 25 | 25 | | Subdivision (1), the sheriff shall deduct any amount owed to an |
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| 26 | 26 | | interest holder, to the extent of the interest holder's |
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| 27 | 27 | | nonforfeitable interest. The sheriff may deduct costs to the |
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| 28 | 28 | | sheriff that were attributable to the sale, not to exceed 20 percent |
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| 29 | 29 | | of the proceeds of the sale minus any amount owed to an interest |
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| 30 | 30 | | holder. |
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| 31 | 31 | | (3) The sheriff shall administer a county trafficking |
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| 32 | 32 | | property damage remedial fund on behalf of property owners |
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| 33 | 33 | | described by this subdivision. Interest received from the |
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| 34 | 34 | | investment of money in the fund shall be credited to the fund. The |
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| 35 | 35 | | sheriff may use any money in the fund only to pay a civil judgment |
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| 36 | 36 | | for damages that is entered to provide relief to a property owner |
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| 37 | 37 | | with respect to real or personal property damaged or destroyed in |
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| 38 | 38 | | the county as a result of the commission of an offense under Chapter |
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| 39 | 39 | | 20A, Penal Code. The sheriff shall timely pay the claim on |
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| 40 | 40 | | submission of an application and a copy of the appropriate judgment |
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| 41 | 41 | | and may reduce payment on the claim as necessary to account for any |
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| 42 | 42 | | recovery on the claim by the property owner from the defendant in |
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| 43 | 43 | | the claim. If a property owner accepts payment of a claim under |
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| 44 | 44 | | this subdivision, the sheriff is subrogated to all of the owner's |
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| 45 | 45 | | rights to receive damages or other form of compensation from a |
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| 46 | 46 | | collateral source for the loss to the property. |
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| 47 | 47 | | (4) As soon as practicable after an annual audit of any |
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| 48 | 48 | | county trafficking property damage remedial fund is performed under |
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| 49 | 49 | | Subsection (g), the sheriff shall submit the audit results for |
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| 50 | 50 | | publication in a newspaper with general circulation in the county. |
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| 51 | 51 | | The comptroller may perform an audit of the fund at any time, |
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| 52 | 52 | | regardless of whether the annual audit is timely performed within |
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| 53 | 53 | | the period required by Subsection (g)(1). |
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| 54 | 54 | | (5) Notwithstanding any other provision of this |
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| 55 | 55 | | subsection, if no claims are paid during any five-year period after |
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| 56 | 56 | | the date money is first deposited in a county trafficking property |
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| 57 | 57 | | damage remedial fund, the sheriff may elect to close the fund and |
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| 58 | 58 | | use the remaining money in the fund for any purpose for which a |
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| 59 | 59 | | county law enforcement agency may use money under this article. |
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| 60 | 60 | | SECTION 2. Article 59.06, Code of Criminal Procedure, as |
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| 61 | 61 | | amended by this Act, applies to personal property seized or taken |
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| 62 | 62 | | into custody on or after the effective date of this Act. Personal |
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| 63 | 63 | | property seized or taken into custody before the effective date of |
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| 64 | 64 | | this Act is governed by the law in effect on the date the property is |
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| 65 | 65 | | seized or taken into custody, and the former law is continued in |
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| 66 | 66 | | effect for that purpose. |
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| 67 | 67 | | SECTION 3. This Act takes effect September 1, 2009. |
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