Amend HB 26 (house engrossment) as follows:
(1) On page 2, between lines 5 and 6, insert the following:
(e) If a cause of action or a settlement from a cause of action arises in relation to a contract entered into under this section, any money used for the action or settlement must be paid from the bond executed under Section 85.001 or money obtained under Article 59.06(a), Code of Criminal Procedure.
(2) On page 3, between lines 3 and 4, insert the following:
(e) If a cause of action or a settlement from a cause of action arises in relation to a contract entered into under this section, any money used for the action or settlement must be paid from the bond executed under Section 86.002 or money obtained under Article 59.06(a), Code of Criminal Procedure.
(3) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Article 59.06(a), Code of Criminal Procedure, is amended to read as follows:
(a) Except as provided by Subsection (k), all forfeited property shall be administered by the attorney representing the state, acting as the agent of the state, in accordance with accepted accounting practices and with the provisions of any local agreement entered into between the attorney representing the state and law enforcement agencies. If a local agreement has not been executed, the property shall be sold on the 75th day after the date of the final judgment of forfeiture at public auction under the direction of the county sheriff, after notice of public auction as provided by law for other sheriff's sales. The proceeds of the sale shall be distributed as follows:
(1) to any interest holder to the extent of the interest holder's nonforfeitable interest;
(2) after any distributions under Subdivision (1), if the Title IV-D agency has filed a child support lien in the forfeiture proceeding, to the Title IV-D agency in an amount not to exceed the amount of child support arrearages identified in the lien; and
(3) after any distributions under Subdivisions (1) and (2) and [the balance, if any,] after the deduction of court costs to which a district court clerk is entitled under Article 59.05(f) and then [, after that deduction,] the deduction of storage and disposal costs, any remaining balance to be deposited not later than the 30th day after the date of the sale in:
(A) the state treasury to the credit of the general revenue fund; or
(B) the general fund of the county in which the property was forfeited, to be used as provided by Section 85.025(e) or 86.026(e), Local Government Code.