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A BILL TO BE ENTITLED
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AN ACT
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relating to the destruction by the Department of Public Safety of |
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the State of Texas of drugs and controlled substances seized by a |
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state, local, or federal agency and the fee charged by the |
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department for that service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.0132 to read as follows: |
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Sec. 411.0132. DESTRUCTION OF SEIZED DRUGS AND OTHER |
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CONTROLLED SUBSTANCES. (a) The department may provide for the |
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destruction of a drug, controlled substance, immediate precursor, |
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chemical precursor, or other controlled substance property, |
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including an apparatus or paraphernalia kept, prepared, or |
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manufactured in violation of the laws of this state or the United |
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States, that has been seized by a state, local, or federal agency |
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and that may be destroyed under the laws of this state or the United |
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States. |
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(b) The department may charge a fee to a state, local, or |
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federal agency for which the department provides services under |
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this section in an amount designed to recover the direct and |
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indirect costs to the department of administering this section. |
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Under this subsection, the department may set different fee amounts |
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for agencies based on differing circumstances, including the volume |
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or weight of the material to be destroyed. |
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(c) Money received by the department from the fee charged |
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under Subsection (b) shall be deposited to the credit of a fund in |
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the state treasury outside the general revenue fund. Money in the |
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fund may be spent only by the department for the purpose of |
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administering this section. Section 403.095 does not apply to the |
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fund. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |