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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of property seized by the Texas |
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Department of Public Safety in connection with violations of the |
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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 adding Subsection (c-2) to read as follows: |
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(c-2) Notwithstanding Subsection (a), with respect to |
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forfeited property seized in connection with a violation of Chapter |
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481, Health and Safety Code (Texas Controlled Substances Act), by a |
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peace officer employed by the Department of Public Safety, the |
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attorney representing the state shall enter into a local agreement |
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with the department that allows the attorney representing the state |
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either to: |
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(1) transfer forfeited property to the department to |
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maintain, repair, use, and operate for official purposes in the |
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manner provided by Subsection (b); or |
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(2) allocate proceeds from the sale of forfeited |
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property described by Subsection (c), after the deduction of court |
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costs as described by that subsection, in the following |
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proportions: |
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(A) 40 percent to a special fund in the |
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department to be used solely for law enforcement purposes; |
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(B) 30 percent to a special fund in the county |
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treasury for the benefit of the office of the attorney representing |
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the state, to be used by the attorney solely for the official |
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purposes of the attorney's office; and |
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(C) 30 percent to the general revenue fund. |
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SECTION 2. 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 3. This Act takes effect September 1, 2011. |