1-1     By:  Armbrister                                        S.B. No. 579
 1-2           (In the Senate - Filed February 17, 1999; February 22, 1999,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     April 8, 1999, reported favorably, as amended, by the following
 1-5     vote:  Yeas 7, Nays 0; April 8, 1999, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                           By:  Armbrister
 1-7           (1)  Amend S.B. No. 579, SECTION 1, amending Subsection (f),
 1-8     Article 59.05, Code of Criminal Procedure, on page 1 line 24,
 1-9     introduced version between "state" and ",", by inserting "of an
1-10     amount greater than $2,500"
1-11           (2)  Amend S.B. No. 579, SECTION 1, amending Subsection (f),
1-12     Article 59.05, Code of Criminal Procedure, by adding on page 1 line
1-13     26, introduced version between "proceedings" and ".", by inserting
1-14     "unless the forfeiture violates federal requirements for
1-15     multijurisdictional task force cases authorized under Chapter 362,
1-16     Local Government Code"
1-17                            A BILL TO BE ENTITLED
1-18                                   AN ACT
1-19     relating to the collection of court costs in a forfeiture
1-20     proceeding.
1-21           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22           SECTION 1.  Article 59.05, Code of Criminal Procedure, is
1-23     amended by adding Subsection (f) to read as follows:
1-24           (f)  On forfeiture to the state, the clerk of the court in
1-25     which the forfeiture proceeding was held is entitled to court costs
1-26     in that proceeding as in other civil proceedings.  The procedure
1-27     for collecting the costs is the procedure established under
1-28     Subsections (a) and (c), Article 59.06.
1-29           SECTION 2.  Subsections (a) and (c), Article 59.06, Code of
1-30     Criminal Procedure, are amended to read as follows:
1-31           (a)  Except as provided by Subsection (i), all forfeited
1-32     property shall be administered by the attorney representing the
1-33     state, acting as the agent of the state, in accordance with
1-34     accepted accounting practices and with the provisions of any local
1-35     agreement entered into between the attorney representing the state
1-36     and law enforcement agencies.  If a local agreement has not been
1-37     executed, the property shall be sold on the 75th day after the date
1-38     of the final judgment of forfeiture at public auction under the
1-39     direction of the county sheriff, after notice of public auction as
1-40     provided by law for other sheriff's sales.  The proceeds of the
1-41     sale shall be distributed as follows:
1-42                 (1)  to any interest holder to the extent of the
1-43     interest holder's nonforfeitable interest; and
1-44                 (2)  the balance, if any, after the deduction
1-45     [deductions] of court costs to which a district court clerk is
1-46     entitled under Article 59.05(f) and, after that deduction, the
1-47     deduction of [all] storage and disposal costs, to be deposited not
1-48     later than the 30th day after the date of the sale in the state
1-49     treasury to the credit of the general revenue fund.
1-50           (c)  If a local agreement exists between the attorney
1-51     representing the state and law enforcement agencies, all money,
1-52     securities, negotiable instruments, stocks or bonds, or things of
1-53     value, or proceeds from the sale of those items, shall be
1-54     deposited, after the deduction of court costs to which a district
1-55     court clerk is entitled under Article 59.05(f), according to the
1-56     terms of the agreement into one or more of the following funds:
1-57                 (1)  a special fund in the county treasury for the
1-58     benefit of the office of the attorney representing the state, to be
1-59     used by the attorney solely for the official purposes of his
1-60     office;
1-61                 (2)  a special fund in the municipal treasury if
1-62     distributed to a municipal law enforcement agency, to be used
1-63     solely for law enforcement purposes, such as salaries and overtime
 2-1     pay for officers, officer training, specialized investigative
 2-2     equipment and supplies, and items used by officers in direct law
 2-3     enforcement duties;
 2-4                 (3)  a special fund in the county treasury if
 2-5     distributed to a county law enforcement agency, to be used solely
 2-6     for law enforcement purposes; or
 2-7                 (4)  a special fund in the state law enforcement agency
 2-8     if distributed to a state law enforcement agency, to be used solely
 2-9     for law enforcement purposes.
2-10           SECTION 3.  The change in law made by this Act applies only
2-11     to a forfeiture proceeding that commences on or after the effective
2-12     date of this Act.  A forfeiture proceeding that commences before
2-13     the effective date of this Act is covered by the law in effect when
2-14     the proceeding commenced, and the former law is continued in effect
2-15     for that purpose.
2-16           SECTION 4.  This Act takes effect September 1, 1999.
2-17           SECTION 5.  The importance of this legislation and the
2-18     crowded condition of the calendars in both houses create an
2-19     emergency and an imperative public necessity that the
2-20     constitutional rule requiring bills to be read on three several
2-21     days in each house be suspended, and this rule is hereby suspended.
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