Res 2013-082/Approving an interlocal agreement regarding Asset Forfeitures within Hays County

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Interlocal Agreement Regarding Asset Forfeitures within Hays County STATE OF TEXAS § COUNTY OF HAYS § Pursuant to the provisions of Chapter 59 of the Texas Code of Criminal Procedure, which regulates the disposition of property forfeited to the State of Texas as contraband, and pursuant to Chapter 791 of the Texas Government Code, which regulates the execution of interlocal cooperation agreements, the Hays County Sheriff's Office, the San Marcos Police Department, the Kyle Police Department, the Buda Police Department, the Hays County Narcotics Task Force, the Texas State University Police Department (referred to herein as the "Agency "), and the Hays County Criminal District Attorney (referred to herein as "the Attorney Representing the State ") enter into this agreement ( "Agreement ") regarding the disposition of said property or the proceeds from the sale thereof. The Agency and the Attorney Representing the State are collectively referred to in this Agreement as the "Parties." I. Forfeited Property Under Chapter 481, Health and Safety Code, and Chapter 59, Texas Code of Criminal Procedure With respect to all forfeited property seized in connection with a violation of Chapter 481, Health and Safety Code ( "the Texas Controlled Substances Act "), and all other property seized by the Agency and forfeited in a proceeding under Article 59.05 of the Texas Code of Criminal Procedure, in consideration of the services rendered by the Parties to this Agreement for the seizure and forfeiture of the said contraband, the Agency that seizes contraband or otherwise forfeitable property (hereinafter "the Seizing Agency" whether one or more) and the Attorney Representing the State agree as follows, after the deduction of applicable court costs: A. No Answer Filed. The Seizing Agency shall retain 70 %, to be deposited in the Seizing Agency's fund, and the Attorney Representing the State shall retain 30 %, to be used for the official purposes of the Attorney's office, of all forfeited property and the proceeds from the sale thereof, in circumstances where no answer is filed for a forfeiture hearing and a default judgment is rendered in favor of the State. This section is applicable to violations of the Texas Controlled Substances Act and any other pertinent statute; a. Hays County Narcotics Task Force Case. Provided that the Hays County Narcotics Task Force is comprised of San Marcos Police Department officers and Hays County Sheriff's Office deputies, the 70% proportion of proceeds retained by the Hays County Narcotics Task Force shall be divided between the San Marcos Police Department and the Hays County Sheriff's Office as follows: 35% to the San Marcos Police Department, and 35% to the Hays County Sheriff's Office. 2013 Interlocal Agreement - Asset Forfeitures Page 1