SRC-SLL H.B. 3278 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3278
By: Counts (Patterson)
Criminal Justice
5-13-97
Engrossed


DIGEST 

From time to time the Texas National Guard (guard) is called upon to
assist a federal law enforcement agency in enforcing drug laws.  In some
instances the assistance of the guard may lead to a drug arrest and
seizure or forfeiture of property.  Under present law, the guard cannot
participate in the forfeiture because the guard is not considered to be a
law enforcement agency.  This bill will designate the guard as a law
enforcement agency in certain circumstances. 

PURPOSE

As proposed, H.B. 3278 designates the Texas National Guard as a law
enforcement agency in certain circumstances. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 431C, Government Code, by adding Section
431.046, as follows: 

Sec.  431.046.  PROPERTY FORFEITURE.  Provides that, when the Texas
National Guard (guard) assists a federal law enforcement agency in
enforcing drug laws, the guard is considered to be a law enforcement
agency of the state for purposes of participating in the sharing of
property seized or forfeited to the United States under federal law. 

SECTION 2. Emergency clause.
  Effective date: upon passage.