By: Coleman H.B. No. 4398
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of forfeited assets.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.06(a)(3), Texas Code of Criminal
Procedure, is amended to read as follows:
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 for the dedicated purpose of community restoration.
SECTION 2. Article 59.06(c-3), Texas Code of Criminal
Procedure, is amended to include (2)(D) and to read as follows:
(c-3) 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, in a
proceeding under Article 59.05 in which a default judgment is
rendered in favor of the state, 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) 35 [40] percent to a special fund in the
department to be used solely for law enforcement purposes;
(B) 25 [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) 10 [30] percent to the general revenue fund;
and
(D) 30 percent to the general revenue fund for
the dedicated purpose of community restoration.
SECTION 3. Article 59.06(d-2), Texas Code of Criminal
Procedure, is amended to read as follows:
(d-2) The head of a law enforcement agency or an attorney
representing the state may use as an official purpose of the agency
or attorney proceeds or property received under this chapter to
make a donation to an entity that assists in:
(1) the detection, investigation, or prosecution of:
(A) criminal offenses; or
(B) instances of abuse, as defined by Section
261.001, Family Code;
(2) the provision of:
(A) mental health, drug, or rehabilitation
services; [or]
(B) services for victims or witnesses of criminal
offenses or instances of abuse described by Subdivision (1); or
(C) services for the purposes of community
Restoration; or
(3) the provision of training or education related to
duties or services described by Subdivision (1) or (2).
SECTION 4. Article 59.06(d-5), Texas Code of Criminal
Procedure, is added to read as follows:
(d-5) Except as otherwise provided by this article, an
expenditure or property received under this chapter is considered
to be for the purposes of community restoration if the expenditure
is made for an activity by the state or municipal governments that
relates to community quality-of-life enhancement and proactive
crime reduction following the guidelines for the social
determinants of health as specified by the Centers for Disease
Control and Prevention, including an expenditure made by the
government or by contract with non-governmental agencies to
improve:
(1) Economic Stability;
(2) Education;
(3) Social and Community;
(4) Neighborhood and Environment; or
(5) Healthcare.
SECTION 5. Article 59.06(h)(5), Texas Code of Criminal
Procedure, is added to include (h)(5):
(5) nonprofit programs designed to establish
community restoration through the five social determinants of
health as outlined by the Centers for Disease Control and
Prevention.
SECTION 6. This Act takes effect September 1, 2021.