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


Senate Research CenterC.S.H.B. 3278
By: Counts (Patterson)
Criminal Justice
5-18-97
Committee Report (Substituted)


DIGEST 

From time to time, the Texas National Guard Counterdrug Support Program
(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 of property
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, C.S.H.B. 3278 designates the Texas National Guard Counterdrug
Support Program 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 Counterdrug Support Program (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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 431.046, Government Code, to refer to the Texas National
Guard Counterdrug Support Program, rather than the Texas National Guard.