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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of forfeited property seized by the |
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Texas Department of Public Safety in certain investigations of |
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violations of the Texas Controlled Substances Act. |
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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 amending Subsection (a) and adding Subsection (r) to |
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read as follows: |
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(a) Except as provided by Subsections (k) and (r) |
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[Subsection (k)], all forfeited property shall be administered by |
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the attorney representing the state, acting as the agent of the |
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state, in accordance with accepted accounting practices and with |
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the provisions of any local agreement entered into between the |
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attorney representing the state and law enforcement agencies. If a |
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local agreement has not been executed, the property shall be sold on |
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the 75th day after the date of the final judgment of forfeiture at |
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public auction under the direction of the county sheriff, after |
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notice of public auction as provided by law for other sheriff's |
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sales. The proceeds of the sale shall be distributed as follows: |
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(1) to any interest holder to the extent of the |
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interest holder's nonforfeitable interest; and |
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(2) the balance, if any, after the deduction of court |
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costs to which a district court clerk is entitled under Article |
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59.05(f) and, after that deduction, the deduction of storage and |
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disposal costs, to be deposited not later than the 30th day after |
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the date of the sale in the state treasury to the credit of the |
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general revenue fund. |
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(r) Notwithstanding Subsection (a), property seized by the |
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Department of Public Safety in connection with an investigation of |
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a violation of Chapter 481, Health and Safety Code (Texas |
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Controlled Substances Act), shall be administered by the public |
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safety director of the department in the manner provided by rule |
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under Section 411.0208, Government Code. |
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SECTION 2. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.0208 to read as follows: |
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Sec. 411.0208. SEIZURE OF CONTRABAND; INVESTIGATIONS OF |
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DRUG CRIME. The director by rule shall establish and implement |
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procedures relating to the disposition of property forfeited under |
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Chapter 59, Code of Criminal Procedure, that was seized by the |
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department in connection with an investigation of a violation of |
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Chapter 481, Health and Safety Code (Texas Controlled Substances |
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Act). |
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SECTION 3. Not later than October 1, 2011, the public safety |
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director of the Department of Public Safety shall adopt rules to |
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establish and implement procedures relating to the disposition of |
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certain forfeited property, as required by Section 411.0208, |
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Government Code, as added by this Act. |
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SECTION 4. Article 59.06, Code of Criminal Procedure, as |
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amended by this Act, applies to property seized or taken into |
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custody on or after the effective date of this Act. Property seized |
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or taken into custody before the effective date of this Act is |
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governed by the law in effect on the date the property is seized or |
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taken into custody, and the former law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |