By: Hinojosa S.B. No. 1125
A BILL TO BE ENTITLED
AN ACT
relating to the establishment and operation of multicounty drug
task forces and to the disposition of certain contraband seized by
those task forces.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 362.001, Local Government Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Multicounty drug task force" means a mutual aid
law enforcement task force that is established as a multicounty law
enforcement cooperation between counties and municipalities to
enhance multicounty interagency coordination, acquire intelligence
information, and facilitate multicounty investigations of
drug-related crimes. The term does not include a
multijurisdictional drug task force that is funded by the criminal
justice division of the governor's office.
SECTION 2. Chapter 362, Local Government Code, is amended
by adding Section 362.004 to read as follows:
Sec. 362.004. MULTICOUNTY DRUG TASK FORCES. (a) A
multicounty drug task force is composed of law enforcement agencies
located in two or more contiguous counties in this state. A
multicounty drug task force may be established and operated only
after the Department of Public Safety confirms:
(1) a strategic need for the task force; and
(2) the composition of the task force.
(b) A multicounty drug task force, and any county or
municipality participating in the task force, must comply with the
policies and procedures established for the operation of a
multicounty drug task force by the Department of Public Safety.
SECTION 3. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0097 to read as follows:
Sec. 411.0097. MULTICOUNTY DRUG ENFORCEMENT TASK FORCES.
(a) The department shall establish policies and procedures for
multicounty drug task forces, as defined by Section 362.001, Local
Government Code, and may exercise the authority necessary to ensure
compliance with those policies and procedures.
(b) The department shall evaluate each multicounty drug
task force with respect to whether the task force:
(1) complies with state and federal requirements,
including policies and procedures established by the department;
and
(2) demonstrates effective performance outcomes.
(c) The department shall semiannually submit to the
governor's office and the Legislative Budget Board a report that
includes a written evaluation of the matters described by
Subsection (b).
SECTION 4. Article 59.06, Code of Criminal Procedure, is
amended by adding Subsection (q) to read as follows:
(q) This subsection applies only to proceeds from the sale
of forfeited property that was seized by a multicounty drug task
force, as defined by Section 362.001, Local Government Code,
regardless of whether the task force was acting alone or in
cooperation with another law enforcement agency, except for
proceeds required to be deposited in the state treasury to the
credit of the general revenue fund. Notwithstanding any other
provision of this article or the terms of a local agreement, after
the deduction of court costs to which a district court clerk is
entitled under Article 59.05(f) and if the task force receives
proceeds of a sale, the task force may retain 75 percent of the
proceeds or may distribute any portion of that amount in any manner
consistent with this article. The remaining 25 percent of the
proceeds shall be deposited in a special fund in the treasury of the
county in which the property was located at the time of seizure.
The commissioners court of that county may spend or use the money in
that special fund only for:
(1) programs designed to prevent drug abuse;
(2) chemical dependency treatment programs; or
(3) any other service or program likely to reduce drug
use in the county.
SECTION 5. Subsection (q), Article 59.06, Code of Criminal
Procedure, as added by this Act, applies to proceeds from the sale
of property that is forfeited under Chapter 59 of that code on or
after the effective date of this Act. The disposition of proceeds
from the sale of property that was forfeited under that chapter
before the effective date of this Act is governed by the law in
effect on the date the property was forfeited, and the former law is
continued in effect for that purpose.
SECTION 6. 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.