By Hinojosa H.B. No. 1482
76R1764 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection of court costs in a forfeiture
1-3 proceeding.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 59.05, Code of Criminal Procedure, is
1-6 amended by adding Subsection (f) to read as follows:
1-7 (f) On forfeiture to the state, the clerk of the court in
1-8 which the forfeiture proceeding was held is entitled to court costs
1-9 in that proceeding as in other civil proceedings. The procedure
1-10 for collecting the costs is the procedure established under
1-11 Subsections (a) and (c), Article 59.06.
1-12 SECTION 2. Articles 59.06(a) and (c), Code of Criminal
1-13 Procedure, are amended to read as follows:
1-14 (a) Except as provided by Subsection (i), all forfeited
1-15 property shall be administered by the attorney representing the
1-16 state, acting as the agent of the state, in accordance with
1-17 accepted accounting practices and with the provisions of any local
1-18 agreement entered into between the attorney representing the state
1-19 and law enforcement agencies. If a local agreement has not been
1-20 executed, the property shall be sold on the 75th day after the date
1-21 of the final judgment of forfeiture at public auction under the
1-22 direction of the county sheriff, after notice of public auction as
1-23 provided by law for other sheriff's sales. The proceeds of the
1-24 sale shall be distributed as follows:
2-1 (1) to any interest holder to the extent of the
2-2 interest holder's nonforfeitable interest; and
2-3 (2) the balance, if any, after the deduction
2-4 [deductions] of court costs to which a district court clerk is
2-5 entitled under Article 59.05(f) and, after that deduction, the
2-6 deduction of [all] storage and disposal costs, to be deposited
2-7 not later than the 30th day after the date of the sale in the state
2-8 treasury to the credit of the general revenue fund.
2-9 (c) If a local agreement exists between the attorney
2-10 representing the state and law enforcement agencies, all money,
2-11 securities, negotiable instruments, stocks or bonds, or things of
2-12 value, or proceeds from the sale of those items, shall be
2-13 deposited, after the deduction of court costs to which a district
2-14 court clerk is entitled under Article 59.05(f), according to the
2-15 terms of the agreement into one or more of the following funds:
2-16 (1) a special fund in the county treasury for the
2-17 benefit of the office of the attorney representing the state, to be
2-18 used by the attorney solely for the official purposes of his
2-19 office;
2-20 (2) a special fund in the municipal treasury if
2-21 distributed to a municipal law enforcement agency, to be used
2-22 solely for law enforcement purposes, such as salaries and overtime
2-23 pay for officers, officer training, specialized investigative
2-24 equipment and supplies, and items used by officers in direct law
2-25 enforcement duties;
2-26 (3) a special fund in the county treasury if
2-27 distributed to a county law enforcement agency, to be used solely
3-1 for law enforcement purposes; or
3-2 (4) a special fund in the state law enforcement agency
3-3 if distributed to a state law enforcement agency, to be used solely
3-4 for law enforcement purposes.
3-5 SECTION 3. The change in law made by this Act applies only
3-6 to a forfeiture proceeding that commences on or after the effective
3-7 date of this Act. A forfeiture proceeding that commences before
3-8 the effective date of this Act is covered by the law in effect when
3-9 the proceeding commenced, and the former law is continued in effect
3-10 for that purpose.
3-11 SECTION 4. This Act takes effect September 1, 1999.
3-12 SECTION 5. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.