78R6378 KEL-D
By: Moreno of El Paso H.B. No. 2571
A BILL TO BE ENTITLED
AN ACT
relating to the use of proceeds from criminal asset forfeiture to
fund the operation of drug court programs in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.06, Code of Criminal Procedure, is
amended by amending Subsection (i) and adding Subsection (p) to
read as follows:
(i) The governing body of a political subdivision may not
use funds received under this subchapter for programs or facilities
listed under Subsection (h)(1), (h)(2), (h)(3), or (p) [Subsections
(h)(1)-(3)] if an officer of or member of the Board of Directors of
the entity providing the program or facility is related to a member
of the governing body, the attorney representing the state, or the
head of the law enforcement agency within the third degree by
consanguinity or the second degree by affinity.
(p) As a specific exception to the requirement of
Subdivisions (1)-(3) of Subsection (c) that the funds described by
those subdivisions be used only for the official purposes of the
attorney representing the state or for law enforcement purposes, on
agreement between the attorney representing the state or the head
of a law enforcement agency and the commissioners court of a county
required by Section 469.006, Health and Safety Code, to establish a
drug court program, the attorney representing the state or the head
of the law enforcement agency shall comply with the request of the
commissioners court to deposit not more than a total of 10 percent
of the gross amount credited to the attorney's or agency's fund into
the county treasury. The commissioners court shall, by ordinance,
order, or resolution, use funds received under this subsection to
implement or operate the drug court program in the county.
SECTION 2. This Act takes effect September 1, 2003.