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.
2-22 * * * * *