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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of proceeds from the sale of certain forfeited |
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property in a criminal trafficking case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 59.06, Code of Criminal Procedure, is |
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amended by adding Subsection (r) to read as follows: |
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(r)(1) Notwithstanding any other provision of this article, |
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and regardless of the existence of a local agreement between the |
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sheriff and the attorney representing the state, if the forfeited |
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property is a motor vehicle used in the commission of an offense |
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under Chapter 20A, Penal Code, the sheriff of the county in which |
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the offense was committed may sell the property and, after |
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deducting amounts as required or permitted by Subdivision (2), |
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shall deposit the proceeds of the sale into a county trafficking |
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property damage remedial fund in the county treasury. The sheriff |
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shall conduct any sale of the property in a manner that is |
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reasonably expected to result in the receipt of the fair market |
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value for the property. |
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(2) From the proceeds of a sale described by |
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Subdivision (1), the sheriff shall deduct any amount owed to an |
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interest holder, to the extent of the interest holder's |
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nonforfeitable interest. The sheriff may deduct costs to the |
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sheriff that were attributable to the sale, not to exceed 20 percent |
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of the proceeds of the sale minus any amount owed to an interest |
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holder. |
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(3) The sheriff shall administer a county trafficking |
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property damage remedial fund on behalf of property owners |
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described by this subdivision. Interest received from the |
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investment of money in the fund shall be credited to the fund. The |
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sheriff may use any money in the fund only to pay a civil judgment |
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for damages that is entered to provide relief to a property owner |
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with respect to real or personal property damaged or destroyed in |
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the county as a result of the commission of an offense under Chapter |
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20A, Penal Code. The sheriff shall timely pay the claim on |
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submission of an application and a copy of the appropriate judgment |
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and may reduce payment on the claim as necessary to account for any |
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recovery on the claim by the property owner from the defendant in |
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the claim. If a property owner accepts payment of a claim under |
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this subdivision, the sheriff is subrogated to all of the owner's |
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rights to receive damages or other form of compensation from a |
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collateral source for the loss to the property. |
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(4) As soon as practicable after an annual audit of any |
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county trafficking property damage remedial fund is performed under |
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Subsection (g), the sheriff shall submit the audit results for |
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publication in a newspaper with general circulation in the county. |
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The comptroller may perform an audit of the fund at any time, |
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regardless of whether the annual audit is timely performed within |
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the period required by Subsection (g)(1). |
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(5) Notwithstanding any other provision of this |
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subsection, if no claims are paid during any five-year period after |
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the date money is first deposited in a county trafficking property |
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damage remedial fund, the sheriff may elect to close the fund and |
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use the remaining money in the fund for any purpose for which a |
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county law enforcement agency may use money under this article. |
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SECTION 2. Article 59.06, Code of Criminal Procedure, as |
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amended by this Act, applies to personal property seized or taken |
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into custody on or after the effective date of this Act. Personal |
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property seized or taken into custody before the effective date of |
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this Act is governed by the law in effect on the date the property is |
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seized or taken into custody, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |