HBA-NMO S.B. 579 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 579
By: Armbrister
Criminal Jurisprudence
5/3/1999
Engrossed



BACKGROUND AND PURPOSE 

Current law does not entitle the clerk of a district court to court costs
in certain forfeiture proceedings.  S.B. 579 entitles the clerk of a
district court in which the forfeiture proceeding was held to court costs
on forfeiture to the state of an amount greater than $2,500, with
exception.  This bill also sets forth the procedure for the collection of
such costs.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 59.05, Code of Criminal Procedure, by adding
Subsection (f), as follows: 

(f) Entitles the clerk of the court in which the forfeiture proceeding was
held, on forfeiture to the state of an amount greater than $2,500, to court
costs in that proceeding as in other civil proceedings unless the
forfeiture violates federal requirements for multijurisdictional task force
cases authorized under Chapter 362 (Law Enforcement Services Provided
Through Cooperation of Municipalities, Counties, and Certain Other Local
Governments), Local Government Code.  Provides that the procedure for
collecting the costs is established under Subsections (a) and (c), Article
59.06 (Disposition of Forfeited Property). 

SECTION 2.  Amends Subsections (a) and (c), Article 59.06, Code of Criminal
Procedure, to make conforming changes. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.