H.B. No. 1239
AN ACT
relating to the implementation of multicounty drug task forces.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 362.001, Local Government Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Multicounty drug task force" means a mutual aid
law enforcement task force that is established as a multicounty law
enforcement cooperation between counties and municipalities to
enhance multicounty interagency coordination, acquire intelligence
information, and facilitate multicounty investigations of
drug-related crimes.
SECTION 2. Chapter 362, Local Government Code, is amended
by adding Section 362.004 to read as follows:
Sec. 362.004. MULTICOUNTY DRUG TASK FORCE. (a) A
multicounty drug task force is composed of law enforcement agencies
located in two or more counties in this state. A multicounty drug
task force may be established and operated only after the
Department of Public Safety confirms:
(1) a strategic need for the task force; and
(2) the composition of the task force.
(b) A multicounty drug task force, and any county or
municipality participating in the task force, must comply with the
policies and procedures established for the operation of a
multicounty drug task force by the Department of Public Safety.
SECTION 3. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0097 to read as follows:
Sec. 411.0097. MULTICOUNTY DRUG TASK FORCES. (a) The
department shall establish policies and procedures for multicounty
drug task forces, as defined by Section 362.001, Local Government
Code, and may exercise the authority necessary to ensure compliance
with those policies and procedures.
(b) The department shall evaluate each multicounty drug
task force with respect to whether the task force:
(1) complies with state and federal requirements,
including policies and procedures established by department rule;
and
(2) demonstrates effective performance outcomes.
(c) The department shall submit semiannually to the
governor's office and the Legislative Budget Board a report that
includes a written evaluation of the matters described by
Subsection (b).
SECTION 4. Article 59.06, Code of Criminal Procedure, is
amended by adding Subsection (q) to read as follows:
(q)(1) Notwithstanding any other provision of this article,
a multicounty drug task force, or a county or municipality
participating in the task force, that is not established in
accordance with Section 362.004, Local Government Code, or that
fails to comply with the policies and procedures established by the
Department of Public Safety under that section, and that
participates in the seizure of contraband shall forward to the
comptroller all proceeds received by the task force from the
forfeiture of the contraband. The comptroller shall deposit the
proceeds in the state treasury to the credit of the general revenue
fund.
(2) The attorney general shall ensure the enforcement
of Subdivision (1) by filing any necessary legal proceedings in the
county in which the contraband is forfeited or in Travis County.
SECTION 5. Article 59.06(q), Code of Criminal Procedure, as
added by this Act, applies to proceeds from the sale of property
that is forfeited under Chapter 59 of that code on or after the
effective date of this Act. The disposition of proceeds from the
sale of property that was forfeited under that chapter before the
effective date of this Act is governed by the law in effect on the
date the property was forfeited, and the former law is continued in
effect for that purpose.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1239 was passed by the House on April
20, 2005, by the following vote: Yeas 138, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1239 on May 19, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1239 was passed by the Senate, with
amendments, on May 11, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor