82R12192 GCB-D
By: Fletcher H.B. No. 2887
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of forfeited property seized by the
Texas Department of Public Safety in certain investigations of
violations of the Texas Controlled Substances Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.06, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (r) to
read as follows:
(a) Except as provided by Subsections (k) and (r)
[Subsection (k)], all forfeited property shall be administered by
the attorney representing the state, acting as the agent of the
state, in accordance with accepted accounting practices and with
the provisions of any local agreement entered into between the
attorney representing the state and law enforcement agencies. If a
local agreement has not been executed, the property shall be sold on
the 75th day after the date of the final judgment of forfeiture at
public auction under the direction of the county sheriff, after
notice of public auction as provided by law for other sheriff's
sales. The proceeds of the sale shall be distributed as follows:
(1) to any interest holder to the extent of the
interest holder's nonforfeitable interest; and
(2) the balance, if any, after the deduction of court
costs to which a district court clerk is entitled under Article
59.05(f) and, after that deduction, the deduction of storage and
disposal costs, to be deposited not later than the 30th day after
the date of the sale in the state treasury to the credit of the
general revenue fund.
(r) Notwithstanding Subsection (a), property seized by the
Department of Public Safety in connection with an investigation of
a violation of Chapter 481, Health and Safety Code (Texas
Controlled Substances Act), shall be administered by the public
safety director of the department in the manner provided by rule
under Section 411.0208, Government Code.
SECTION 2. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0208 to read as follows:
Sec. 411.0208. SEIZURE OF CONTRABAND; INVESTIGATIONS OF
DRUG CRIME. The director by rule shall establish and implement
procedures relating to the disposition of property forfeited under
Chapter 59, Code of Criminal Procedure, that was seized by the
department in connection with an investigation of a violation of
Chapter 481, Health and Safety Code (Texas Controlled Substances
Act).
SECTION 3. Not later than October 1, 2011, the public safety
director of the Department of Public Safety shall adopt rules to
establish and implement procedures relating to the disposition of
certain forfeited property, as required by Section 411.0208,
Government Code, as added by this Act.
SECTION 4. Article 59.06, Code of Criminal Procedure, as
amended by this Act, applies to property seized or taken into
custody on or after the effective date of this Act. 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 5. This Act takes effect September 1, 2011.