By: Coleman H.B. No. 4398
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disposition of forfeited assets.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 59.06(a)(3), Texas Code of Criminal
  Procedure, is amended to read as follows:
         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 for the dedicated purpose of community restoration.
         SECTION 2.  Article 59.06(c-3), Texas Code of Criminal
  Procedure, is amended to include (2)(D) and to read as follows:
         (c-3)  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, in a
  proceeding under Article 59.05 in which a default judgment is
  rendered in favor of the state, 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)  35 [40] percent to a special fund in the
  department to be used solely for law enforcement purposes;
                     (B)  25 [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)  10 [30] percent to the general revenue fund;
  and
                     (D)  30 percent to the general revenue fund for
  the dedicated purpose of community restoration.
         SECTION 3.  Article 59.06(d-2), Texas Code of Criminal
  Procedure, is amended to read as follows:
         (d-2)  The head of a law enforcement agency or an attorney
  representing the state may use as an official purpose of the agency
  or attorney proceeds or property received under this chapter to
  make a donation to an entity that assists in:
               (1)  the detection, investigation, or prosecution of:
                     (A)  criminal offenses; or
                     (B)  instances of abuse, as defined by Section
  261.001, Family Code;
               (2)  the provision of:
                     (A)  mental health, drug, or rehabilitation
  services; [or]
                     (B)  services for victims or witnesses of criminal
  offenses or instances of abuse described by Subdivision (1); or
                     (C)  services for the purposes of community
  Restoration; or
               (3)  the provision of training or education related to
  duties or services described by Subdivision (1) or (2).
         SECTION 4.  Article 59.06(d-5), Texas Code of Criminal
  Procedure, is added to read as follows:
         (d-5)  Except as otherwise provided by this article, an
  expenditure or property received under this chapter is considered
  to be for the purposes of community restoration if the expenditure
  is made for an activity by the state or municipal governments that
  relates to community quality-of-life enhancement and proactive
  crime reduction following the guidelines for the social
  determinants of health as specified by the Centers for Disease
  Control and Prevention, including an expenditure made by the
  government or by contract with non-governmental agencies to
  improve:
               (1)  Economic Stability;
               (2)  Education;
               (3)  Social and Community;
               (4)  Neighborhood and Environment; or
               (5)  Healthcare.
         SECTION 5.  Article 59.06(h)(5), Texas Code of Criminal
  Procedure, is added to include (h)(5):
               (5)  nonprofit programs designed to establish
  community restoration through the five social determinants of
  health as outlined by the Centers for Disease Control and
  Prevention.
         SECTION 6.  This Act takes effect September 1, 2021.