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  By: Hinojosa  S.B. No. 1970
         (In the Senate - Filed March 26, 2007; March 27, 2007, read
  first time and referred to Committee on Criminal Justice;
  April 4, 2007, reported favorably by the following vote:  Yeas 5,
  Nays 0; April 4, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the destruction by the Department of Public Safety of
  the State of Texas of drugs and controlled substances seized by a
  state, local, or federal agency and the fee charged by the
  department for that service.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 411, Government Code, is
  amended by adding Section 411.0132 to read as follows:
         Sec. 411.0132.  DESTRUCTION OF SEIZED DRUGS AND OTHER
  CONTROLLED SUBSTANCES.  (a)  The department may provide for the
  destruction of a drug, controlled substance, immediate precursor,
  chemical precursor, or other controlled substance property,
  including an apparatus or paraphernalia kept, prepared, or
  manufactured in violation of the laws of this state or the United
  States, that has been seized by a state, local, or federal agency
  and that may be destroyed under the laws of this state or the United
  States.
         (b)  The department may charge a fee to a state, local, or
  federal agency for which the department provides services under
  this section in an amount designed to recover the direct and
  indirect costs to the department of administering this section.  
  Under this subsection, the department may set different fee amounts
  for agencies based on differing circumstances, including the volume
  or weight of the material to be destroyed.
         (c)  Money received by the department from the fee charged
  under Subsection (b) shall be deposited to the credit of a fund in
  the state treasury outside the general revenue fund.  Money in the
  fund may be spent only by the department for the purpose of
  administering this section.  Section 403.095 does not apply to the
  fund.
         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, 2007.
 
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