88R8751 JRR-D By: Allison H.B. No. 2038 A BILL TO BE ENTITLED AN ACT relating to the use of proceeds from the sale of forfeited property to reimburse persons who suffered agricultural property damage as a result of an offense involving the unlawful entry into the United States. 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 (v) to read as follows: (v) As a specific exception to Subsection (c)(1), the office of the attorney representing the state may use proceeds received under this chapter for the purpose of providing reimbursements under a program established by the office under Article 59.15. SECTION 2. Chapter 59, Code of Criminal Procedure, is amended by adding Article 59.15 to read as follows: Art. 59.15. REIMBURSEMENT PROGRAM FOR AGRICULTURAL PROPERTY DAMAGE RESULTING FROM OFFENSE INVOLVING UNLAWFUL ENTRY INTO UNITED STATES. (a) This section applies only to an office of an attorney representing the state that: (1) has executed a local agreement with law enforcement agencies under this chapter; and (2) is located in a county that borders the United Mexican States. (b) Each office of an attorney representing the state to which this section applies shall: (1) establish and administer a program to reimburse persons who suffered damage to agricultural property as a result of an offense that: (A) is subject to the jurisdiction of the office; and (B) was committed in the course of or for the purpose of unlawfully entering the United States; (2) establish: (A) eligibility criteria for reimbursements under Subdivision (1); (B) reimbursement application procedures; and (C) procedures for evaluating reimbursement applications; and (3) use proceeds received by the office under this chapter for the purpose of providing reimbursements under Subdivision (1). SECTION 3. This Act takes effect September 1, 2023.