SRC-JJJ S.B. 579 76(R)BILL ANALYSIS


Senate Research CenterS.B. 579
76R1764 KEL-DBy: Armbrister
Criminal Justice
4/6/1999
Committee Report (Amended)


DIGEST 

Currently, Texas law does not provide the district clerk the authority to
require the state or any county to make payments for costs of the court.
Many district clerks, through certain cooperation, receive payments for
court costs on forfeiture cases through the proceeds of the respondent that
are forfeited by the state or county.  S.B. 579 would establish procedures
for collection of court costs in a forfeiture proceeding. 

PURPOSE

As proposed, S.B. 579 establishes procedures for collection of court costs
in a forfeiture proceeding. 

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 Article 59.05, Code of Criminal Procedure, by adding
Subsection (f), to provide that the clerk of the court in which the
forfeiture proceeding was held, upon forfeiture to the state of an amount
greater than $2,500 is entitled to the court costs in that civil proceeding
as in other civil proceedings, unless the forfeiture violates federal
requirements for multi-jurisdictional task force cases authorized under
Chapter 362, Local Government Code.  Provides that the  procedure for
collecting the court costs is the procedure in Articles 59.06(a) and (c).   

SECTION 2.  Amends Articles 59.06(a) and (c), Code of Criminal Procedure,
to set forth procedures for distribution of the proceeds of the sale of
forfeited property with respect to the deduction of court costs to which a
district court clerk is entitled.  Makes conforming changes. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Article 59.05, Code of Criminal Procedure, to provide that the clerk
of the court in which the forfeiture proceeding was held, upon forfeiture
to the state of an amount greater than $2,500 is entitled to the court
costs in that civil proceeding as in other civil proceedings, unless the
forfeiture violates federal requirements for multi-jurisdictional task
force cases authorized under Chapter 362, Local Government Code.