Bill Text: TX HB2887 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the disposition of property seized by the Texas Department of Public Safety in connection with violations of the Texas Controlled Substances Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-10 - Committee report sent to Calendars [HB2887 Detail]
Download: Texas-2011-HB2887-Comm_Sub.html
82R24773 GCB-F | |||
By: Fletcher | H.B. No. 2887 | ||
Substitute the following for H.B. No. 2887: | |||
By: Flynn | C.S.H.B. No. 2887 |
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relating to the disposition of property seized by the Texas | ||
Department of Public Safety in connection with violations of the | ||
Texas Controlled Substances Act. | ||
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 (c-2) to read as follows: | ||
(c-2) 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, 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) 40 percent to a special fund in the | ||
department to be used solely for law enforcement purposes; | ||
(B) 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) 30 percent to the general revenue fund. | ||
SECTION 2. Article 59.06, Code of Criminal Procedure, as | ||
amended by this Act, applies to property seized or taken into | ||
custody on or after the effective date of this Act. Property seized | ||
or taken into custody before the effective date of this Act is | ||
governed by the law in effect on the date the property is seized or | ||
taken into custody, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 3. This Act takes effect September 1, 2011. |