88R8751 JRR-D
 
  By: Allison H.B. No. 2038
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the use of proceeds from the sale of forfeited property
to reimburse persons who suffered agricultural property damage as a
result of an offense involving the unlawful entry into the United
States.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Article 59.06, Code of Criminal Procedure, is
amended by adding Subsection (v) to read as follows:
       (v)  As a specific exception to Subsection (c)(1), the office
of the attorney representing the state may use proceeds received
under this chapter for the purpose of providing reimbursements
under a program established by the office under Article 59.15.
       SECTION 2.  Chapter 59, Code of Criminal Procedure, is
amended by adding Article 59.15 to read as follows:
       Art. 59.15.  REIMBURSEMENT PROGRAM FOR AGRICULTURAL
PROPERTY DAMAGE RESULTING FROM OFFENSE INVOLVING UNLAWFUL ENTRY
INTO UNITED STATES. (a)  This section applies only to an office of
an attorney representing the state that:
             (1)  has executed a local agreement with law
enforcement agencies under this chapter; and
             (2)  is located in a county that borders the United
Mexican States. 
       (b)  Each office of an attorney representing the state to
which this section applies shall:
             (1)  establish and administer a program to reimburse
persons who suffered damage to agricultural property as a result of
an offense that:
                   (A)  is subject to the jurisdiction of the office;
and
                   (B)  was committed in the course of or for the
purpose of unlawfully entering the United States;
             (2)  establish:
                   (A)  eligibility criteria for reimbursements
under Subdivision (1);
                   (B)  reimbursement application procedures; and
                   (C)  procedures for evaluating reimbursement
applications; and
             (3)  use proceeds received by the office under this
chapter for the purpose of providing reimbursements under
Subdivision (1).
       SECTION 3.  This Act takes effect September 1, 2023.