By:  Armbrister                                        S.B. No. 579
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the collection of court costs in a forfeiture
 1-2     proceeding.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Article 59.05, Code of Criminal Procedure, is
 1-5     amended by adding Subsection (f) to read as follows:
 1-6           (f)  On forfeiture to the state of an amount greater than
 1-7     $2,500, the clerk of the court in which the forfeiture proceeding
 1-8     was held is entitled to court costs in that proceeding as in other
 1-9     civil proceedings unless the forfeiture violates federal
1-10     requirements for multijurisdictional task force cases authorized
1-11     under Chapter 362, Local Government Code.  The procedure for
1-12     collecting the costs is the procedure established under Subsections
1-13     (a) and (c), Article 59.06.
1-14           SECTION 2.  Subsections (a) and (c), Article 59.06, Code of
1-15     Criminal Procedure, are amended to read as follows:
1-16           (a)  Except as provided by Subsection (i), all forfeited
1-17     property shall be administered by the attorney representing the
1-18     state, acting as the agent of the state, in accordance with
1-19     accepted accounting practices and with the provisions of any local
1-20     agreement entered into between the attorney representing the state
1-21     and law enforcement agencies.  If a local agreement has not been
1-22     executed, the property shall be sold on the 75th day after the date
1-23     of the final judgment of forfeiture at public auction under the
1-24     direction of the county sheriff, after notice of public auction as
 2-1     provided by law for other sheriff's sales.  The proceeds of the
 2-2     sale shall be distributed as follows:
 2-3                 (1)  to any interest holder to the extent of the
 2-4     interest holder's nonforfeitable interest; and
 2-5                 (2)  the balance, if any, after the deduction
 2-6     [deductions] of court costs to which a district court clerk is
 2-7     entitled under Article 59.05(f) and, after that deduction, the
 2-8     deduction of [all] storage and disposal costs, to be deposited not
 2-9     later than the 30th day after the date of the sale in the state
2-10     treasury to the credit of the general revenue fund.
2-11           (c)  If a local agreement exists between the attorney
2-12     representing the state and law enforcement agencies, all money,
2-13     securities, negotiable instruments, stocks or bonds, or things of
2-14     value, or proceeds from the sale of those items, shall be
2-15     deposited, after the deduction of court costs to which a district
2-16     court clerk is entitled under Article 59.05(f), according to the
2-17     terms of the agreement into one or more of the following funds:
2-18                 (1)  a special fund in the county treasury for the
2-19     benefit of the office of the attorney representing the state, to be
2-20     used by the attorney solely for the official purposes of his
2-21     office;
2-22                 (2)  a special fund in the municipal treasury if
2-23     distributed to a municipal law enforcement agency, to be used
2-24     solely for law enforcement purposes, such as salaries and overtime
2-25     pay for officers, officer training, specialized investigative
2-26     equipment and supplies, and items used by officers in direct law
 3-1     enforcement duties;
 3-2                 (3)  a special fund in the county treasury if
 3-3     distributed to a county law enforcement agency, to be used solely
 3-4     for law enforcement purposes; or
 3-5                 (4)  a special fund in the state law enforcement agency
 3-6     if distributed to a state law enforcement agency, to be used solely
 3-7     for law enforcement purposes.
 3-8           SECTION 3.  The change in law made by this Act applies only
 3-9     to a forfeiture proceeding that commences on or after the effective
3-10     date of this Act.  A forfeiture proceeding that commences before
3-11     the effective date of this Act is covered by the law in effect when
3-12     the proceeding commenced, and the former law is continued in effect
3-13     for that purpose.
3-14           SECTION 4.  This Act takes effect September 1, 1999.
3-15           SECTION 5.  The importance of this legislation and the
3-16     crowded condition of the calendars in both houses create an
3-17     emergency and an imperative public necessity that the
3-18     constitutional rule requiring bills to be read on three several
3-19     days in each house be suspended, and this rule is hereby suspended.