82R24773 GCB-F
By: Fletcher H.B. No. 2887
Substitute the following for H.B. No. 2887:
By: Flynn C.S.H.B. No. 2887
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of property seized by the Texas
Department of Public Safety in connection with 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 adding Subsection (c-2) to read as follows:
(c-2) Notwithstanding Subsection (a), with respect to
forfeited property seized in connection with a violation of Chapter
481, Health and Safety Code (Texas Controlled Substances Act), by a
peace officer employed by the Department of Public Safety, the
attorney representing the state shall enter into a local agreement
with the department that allows the attorney representing the state
either to:
(1) transfer forfeited property to the department to
maintain, repair, use, and operate for official purposes in the
manner provided by Subsection (b); or
(2) allocate proceeds from the sale of forfeited
property described by Subsection (c), after the deduction of court
costs as described by that subsection, in the following
proportions:
(A) 40 percent to a special fund in the
department to be used solely for law enforcement purposes;
(B) 30 percent to a special fund in the county
treasury for the benefit of the office of the attorney representing
the state, to be used by the attorney solely for the official
purposes of the attorney's office; and
(C) 30 percent to the general revenue fund.
SECTION 2. 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 3. This Act takes effect September 1, 2011.