79(R) SB 1125 - Senate Committee Report version


                                                                                


By:  Hinojosa                                                     S.B. No. 1125
	(In the Senate - Filed March 8, 2005; March 21, 2005, read 
first time and referred to Committee on Criminal Justice; 
April 21, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 4, Nays 0; April 21, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1125                                   By:  Hinojosa


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.



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