Texas 2023 - 88th Regular

Texas House Bill HB2038 Latest Draft

Bill / Introduced Version Filed 02/08/2023

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                            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.