S.B. No. 1774
AN ACT
relating to the disposal of certain exhibits used in criminal
proceedings in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.21, Code of Criminal Procedure, is
amended by amending Subsections (f) and (i) and adding Subsection
(f-1) to read as follows:
(f) Subject to Subsections (g), (h), (i), and (j), a [A]
clerk [in a county with a population of 1.7 million or more] may
dispose of an eligible exhibit or may deliver the eligible exhibit
to the county purchasing agent for disposal as surplus or salvage
property under Section 263.152, Local Government Code, [on the date
provided by Subsection (e) of this article] if on the [that] date
provided by Subsection (e) the clerk has not received a request for
the exhibit from either the attorney representing the state in the
case or the attorney representing the defendant.
(f-1) Notwithstanding Section 263.156, Local Government
Code, or any other law, the commissioners court shall remit 50
percent of any proceeds of the disposal of an eligible exhibit as
surplus or salvage property as described by Subsection (f), less
the reasonable expense of keeping the exhibit before disposal and
the costs of that disposal, to each of the following:
(1) the county treasury, to be used only to defray the
costs incurred by the district clerk of the county for the
management, maintenance, or destruction of eligible exhibits in the
county; and
(2) the state treasury to the credit of the
compensation to victims of crime fund established under Subchapter
B, Chapter 56.
(i) If a request is not received by a clerk covered by
Subsection (g) [of this article] before the 31st day after the date
of notice, the clerk may dispose of the eligible exhibit in the
manner permitted by this article, including the delivery of the
eligible exhibit for disposal as surplus or salvage property as
described by Subsection (f).
SECTION 2. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1774 passed the Senate on
April 30, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 28, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1774 passed the House, with
amendment, on May 15, 2009, by the following vote: Yeas 144,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor