| 1 | 1 | | 83R22284 KSD-D |
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| 2 | 2 | | By: Hernandez Luna H.B. No. 501 |
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| 3 | 3 | | Substitute the following for H.B. No. 501: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 501 |
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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 use of proceeds from criminal asset forfeiture to |
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| 10 | 10 | | provide college scholarships to children of peace officers killed |
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| 11 | 11 | | in the line of duty and to an annual report regarding the total |
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| 12 | 12 | | value of forfeited property in this state. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Article 59.06, Code of Criminal Procedure, is |
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| 15 | 15 | | amended by adding Subsections (r) and (s) to read as follows: |
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| 16 | 16 | | (r) As a specific exception to Subsection (c)(2), (3), or |
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| 17 | 17 | | (4), a law enforcement agency may transfer not more than 10 percent |
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| 18 | 18 | | of the gross amount credited to the agency's fund to a separate |
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| 19 | 19 | | special fund established in the treasury of the political |
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| 20 | 20 | | subdivision or maintained by the state law enforcement agency, as |
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| 21 | 21 | | applicable. The law enforcement agency shall administer the |
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| 22 | 22 | | separate special fund. Interest received from the investment of |
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| 23 | 23 | | money in the fund shall be credited to the fund. The agency may use |
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| 24 | 24 | | money in the fund only to provide scholarships to children of peace |
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| 25 | 25 | | officers who were employed by the agency or by another law |
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| 26 | 26 | | enforcement agency with which the agency has overlapping geographic |
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| 27 | 27 | | jurisdiction and who were killed in the line of duty. Scholarships |
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| 28 | 28 | | under this subsection may be used only to pay the costs of |
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| 29 | 29 | | attendance at an institution of higher education or private or |
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| 30 | 30 | | independent institution of higher education, including tuition and |
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| 31 | 31 | | fees and costs for housing, books, supplies, transportation, and |
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| 32 | 32 | | other related personal expenses. In this subsection, "institution |
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| 33 | 33 | | of higher education" and "private or independent institution of |
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| 34 | 34 | | higher education" have the meanings assigned by Section 61.003, |
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| 35 | 35 | | Education Code. |
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| 36 | 36 | | (s) Not later than June 1 of each year, the attorney general |
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| 37 | 37 | | shall develop a report based on information submitted by law |
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| 38 | 38 | | enforcement agencies and attorneys representing the state under |
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| 39 | 39 | | Subsection (g) detailing the total amount of funds forfeited, or |
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| 40 | 40 | | credited after the sale of forfeited property, in this state in the |
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| 41 | 41 | | preceding calendar year. The attorney general shall maintain in a |
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| 42 | 42 | | prominent location on the attorney general's publicly accessible |
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| 43 | 43 | | Internet website a link to the most recent annual report developed |
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| 44 | 44 | | under this subsection. |
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| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2013. |
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