79R2537 KEL-D

By:  Homer                                                        H.B. No. 3246



A BILL TO BE ENTITLED

AN ACT

relating to the distribution of proceeds from the sale of certain 
forfeited property in a criminal case.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 59.06, Code of Criminal Procedure, is 
amended by adding Subsection (c-1) to read as follows:
	(c-1)  If a local agreement exists between the attorney 
representing the state and a multijurisdictional drug task force, 
the attorney representing the state may not transfer to the drug 
task force as part of the agreement any proceeds from the sale of 
forfeited property as described by Subsection (c) until the 
attorney has deducted appropriate court costs under that subsection 
and that part of the proceeds necessary to reimburse each 
participating political subdivision for all reasonable current and 
projected costs that relate to the confinement or legal 
representation of the defendant whose property was forfeited.  The 
attorney representing the state shall forward proceeds deducted for 
reimbursement under this subsection to each appropriate political 
subdivision for deposit in the general fund of the subdivision.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.