HBA-NMO S.B. 579 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 579 By: Armbrister Criminal Jurisprudence 5/3/1999 Engrossed BACKGROUND AND PURPOSE Current law does not entitle the clerk of a district court to court costs in certain forfeiture proceedings. S.B. 579 entitles the clerk of a district court in which the forfeiture proceeding was held to court costs on forfeiture to the state of an amount greater than $2,500, with exception. This bill also sets forth the procedure for the collection of such costs. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 59.05, Code of Criminal Procedure, by adding Subsection (f), as follows: (f) Entitles the clerk of the court in which the forfeiture proceeding was held, on forfeiture to the state of an amount greater than $2,500, to court costs in that proceeding as in other civil proceedings unless the forfeiture violates federal requirements for multijurisdictional task force cases authorized under Chapter 362 (Law Enforcement Services Provided Through Cooperation of Municipalities, Counties, and Certain Other Local Governments), Local Government Code. Provides that the procedure for collecting the costs is established under Subsections (a) and (c), Article 59.06 (Disposition of Forfeited Property). SECTION 2. Amends Subsections (a) and (c), Article 59.06, Code of Criminal Procedure, to make conforming changes. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.