| 1 | 1 | | 88R8751 JRR-D |
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| 2 | 2 | | By: Allison H.B. No. 2038 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of proceeds from the sale of forfeited property |
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| 8 | 8 | | to reimburse persons who suffered agricultural property damage as a |
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| 9 | 9 | | result of an offense involving the unlawful entry into the United |
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| 10 | 10 | | States. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 59.06, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Subsection (v) to read as follows: |
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| 14 | 14 | | (v) As a specific exception to Subsection (c)(1), the office |
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| 15 | 15 | | of the attorney representing the state may use proceeds received |
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| 16 | 16 | | under this chapter for the purpose of providing reimbursements |
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| 17 | 17 | | under a program established by the office under Article 59.15. |
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| 18 | 18 | | SECTION 2. Chapter 59, Code of Criminal Procedure, is |
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| 19 | 19 | | amended by adding Article 59.15 to read as follows: |
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| 20 | 20 | | Art. 59.15. REIMBURSEMENT PROGRAM FOR AGRICULTURAL |
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| 21 | 21 | | PROPERTY DAMAGE RESULTING FROM OFFENSE INVOLVING UNLAWFUL ENTRY |
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| 22 | 22 | | INTO UNITED STATES. (a) This section applies only to an office of |
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| 23 | 23 | | an attorney representing the state that: |
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| 24 | 24 | | (1) has executed a local agreement with law |
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| 25 | 25 | | enforcement agencies under this chapter; and |
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| 26 | 26 | | (2) is located in a county that borders the United |
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| 27 | 27 | | Mexican States. |
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| 28 | 28 | | (b) Each office of an attorney representing the state to |
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| 29 | 29 | | which this section applies shall: |
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| 30 | 30 | | (1) establish and administer a program to reimburse |
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| 31 | 31 | | persons who suffered damage to agricultural property as a result of |
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| 32 | 32 | | an offense that: |
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| 33 | 33 | | (A) is subject to the jurisdiction of the office; |
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| 34 | 34 | | and |
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| 35 | 35 | | (B) was committed in the course of or for the |
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| 36 | 36 | | purpose of unlawfully entering the United States; |
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| 37 | 37 | | (2) establish: |
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| 38 | 38 | | (A) eligibility criteria for reimbursements |
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| 39 | 39 | | under Subdivision (1); |
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| 40 | 40 | | (B) reimbursement application procedures; and |
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| 41 | 41 | | (C) procedures for evaluating reimbursement |
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| 42 | 42 | | applications; and |
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| 43 | 43 | | (3) use proceeds received by the office under this |
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| 44 | 44 | | chapter for the purpose of providing reimbursements under |
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| 45 | 45 | | Subdivision (1). |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2023. |
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