S.B. No. 1774

	AN ACT
	relating to the disposal of certain exhibits used in criminal
	proceedings in certain counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 2.21, Code of Criminal Procedure, is
	amended by amending Subsections (f) and (i) and adding Subsection
	(f-1) to read as follows:
	(f)  Subject to Subsections (g), (h), (i), and (j), a [A]
	clerk [in a county with a population of 1.7 million or more] may
	dispose of an eligible exhibit or may deliver the eligible exhibit
	to the county purchasing agent for disposal as surplus or salvage
	property under Section 263.152, Local Government Code, [on the date
	provided by Subsection (e) of this article] if on the [that] date
	provided by Subsection (e) the clerk has not received a request for
	the exhibit from either the attorney representing the state in the
	case or the attorney representing the defendant.
	(f-1)  Notwithstanding Section 263.156, Local Government
	Code, or any other law, the commissioners court shall remit 50
	percent of any proceeds of the disposal of an eligible exhibit as
	surplus or salvage property as described by Subsection (f), less
	the reasonable expense of keeping the exhibit before disposal and
	the costs of that disposal, to each of the following:
	(1)  the county treasury, to be used only to defray the
	costs incurred by the district clerk of the county for the
	management, maintenance, or destruction of eligible exhibits in the
	county; and
	(2)  the state treasury to the credit of the
	compensation to victims of crime fund established under Subchapter
	B, Chapter 56.
	(i)  If a request is not received by a clerk covered by
	Subsection (g) [of this article] before the 31st day after the date
	of notice, the clerk may dispose of the eligible exhibit in the
	manner permitted by this article, including the delivery of the
	eligible exhibit for disposal as surplus or salvage property as
	described by Subsection (f).
	SECTION 2.  This Act takes effect September 1, 2009.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1774 passed the Senate on
	April 30, 2009, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 28, 2009, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1774 passed the House, with
	amendment, on May 15, 2009, by the following vote: Yeas 144,
	Nays 0, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor