| 1 | 1 | | 82R24773 GCB-F |
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| 2 | 2 | | By: Fletcher H.B. No. 2887 |
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| 3 | 3 | | Substitute the following for H.B. No. 2887: |
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| 4 | 4 | | By: Flynn C.S.H.B. No. 2887 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the disposition of property seized by the Texas |
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| 10 | 10 | | Department of Public Safety in connection with violations of the |
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| 11 | 11 | | Texas Controlled Substances Act. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Article 59.06, Code of Criminal Procedure, is |
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| 14 | 14 | | amended by adding Subsection (c-2) to read as follows: |
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| 15 | 15 | | (c-2) Notwithstanding Subsection (a), with respect to |
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| 16 | 16 | | forfeited property seized in connection with a violation of Chapter |
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| 17 | 17 | | 481, Health and Safety Code (Texas Controlled Substances Act), by a |
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| 18 | 18 | | peace officer employed by the Department of Public Safety, the |
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| 19 | 19 | | attorney representing the state shall enter into a local agreement |
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| 20 | 20 | | with the department that allows the attorney representing the state |
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| 21 | 21 | | either to: |
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| 22 | 22 | | (1) transfer forfeited property to the department to |
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| 23 | 23 | | maintain, repair, use, and operate for official purposes in the |
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| 24 | 24 | | manner provided by Subsection (b); or |
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| 25 | 25 | | (2) allocate proceeds from the sale of forfeited |
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| 26 | 26 | | property described by Subsection (c), after the deduction of court |
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| 27 | 27 | | costs as described by that subsection, in the following |
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| 28 | 28 | | proportions: |
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| 29 | 29 | | (A) 40 percent to a special fund in the |
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| 30 | 30 | | department to be used solely for law enforcement purposes; |
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| 31 | 31 | | (B) 30 percent to a special fund in the county |
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| 32 | 32 | | treasury for the benefit of the office of the attorney representing |
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| 33 | 33 | | the state, to be used by the attorney solely for the official |
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| 34 | 34 | | purposes of the attorney's office; and |
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| 35 | 35 | | (C) 30 percent to the general revenue fund. |
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| 36 | 36 | | SECTION 2. Article 59.06, Code of Criminal Procedure, as |
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| 37 | 37 | | amended by this Act, applies to property seized or taken into |
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| 38 | 38 | | custody on or after the effective date of this Act. Property seized |
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| 39 | 39 | | or taken into custody before the effective date of this Act is |
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| 40 | 40 | | governed by the law in effect on the date the property is seized or |
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| 41 | 41 | | taken into custody, and the former law is continued in effect for |
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| 42 | 42 | | that purpose. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2011. |
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