Bill Text: TX HB2887 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
82R12192 GCB-D | ||
By: Fletcher | H.B. No. 2887 |
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relating to the disposition of forfeited property seized by the | ||
Texas Department of Public Safety in certain investigations of | ||
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 amending Subsection (a) and adding Subsection (r) to | ||
read as follows: | ||
(a) Except as provided by Subsections (k) and (r) | ||
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the attorney representing the state, acting as the agent of the | ||
state, in accordance with accepted accounting practices and with | ||
the provisions of any local agreement entered into between the | ||
attorney representing the state and law enforcement agencies. If a | ||
local agreement has not been executed, the property shall be sold on | ||
the 75th day after the date of the final judgment of forfeiture at | ||
public auction under the direction of the county sheriff, after | ||
notice of public auction as provided by law for other sheriff's | ||
sales. The proceeds of the sale shall be distributed as follows: | ||
(1) to any interest holder to the extent of the | ||
interest holder's nonforfeitable interest; and | ||
(2) 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. | ||
(r) Notwithstanding Subsection (a), property seized by the | ||
Department of Public Safety in connection with an investigation of | ||
a violation of Chapter 481, Health and Safety Code (Texas | ||
Controlled Substances Act), shall be administered by the public | ||
safety director of the department in the manner provided by rule | ||
under Section 411.0208, Government Code. | ||
SECTION 2. Subchapter A, Chapter 411, Government Code, is | ||
amended by adding Section 411.0208 to read as follows: | ||
Sec. 411.0208. SEIZURE OF CONTRABAND; INVESTIGATIONS OF | ||
DRUG CRIME. The director by rule shall establish and implement | ||
procedures relating to the disposition of property forfeited under | ||
Chapter 59, Code of Criminal Procedure, that was seized by the | ||
department in connection with an investigation of a violation of | ||
Chapter 481, Health and Safety Code (Texas Controlled Substances | ||
Act). | ||
SECTION 3. Not later than October 1, 2011, the public safety | ||
director of the Department of Public Safety shall adopt rules to | ||
establish and implement procedures relating to the disposition of | ||
certain forfeited property, as required by Section 411.0208, | ||
Government Code, as added by this Act. | ||
SECTION 4. 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 5. This Act takes effect September 1, 2011. |