By: Culberson H.B. No. 527
73R2778 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of property and proceeds derived from criminal
1-3 asset forfeiture to alleviate overcrowding in county jails.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (a), (c), and (h), Article 59.06,
1-6 Code of Criminal Procedure, are amended to read as follows:
1-7 (a) All forfeited property shall be administered by the
1-8 attorney representing the state, acting as the agent of the state,
1-9 in accordance with accepted accounting practices and with the
1-10 provisions of any local agreement entered into between the attorney
1-11 representing the state and law enforcement agencies. If a local
1-12 agreement has not been executed, the property shall be sold on the
1-13 75th day after the date of the final judgment of forfeiture at
1-14 public auction under the direction of the county sheriff, after
1-15 notice of public auction as provided by law for other sheriff's
1-16 sales. The proceeds of the sale shall be distributed as follows:
1-17 (1) to any interest holder to the extent of the
1-18 interest holder's nonforfeitable interest; and
1-19 (2) the balance, if any, after deductions of all
1-20 storage and disposal costs, to be deposited not later than the 30th
1-21 day after the date of the sale in the state treasury as follows:
1-22 (A) 50 percent to the credit of the jail
1-23 overcrowding alleviation account of the general revenue fund; and
1-24 (B) 50 percent to the credit of the general
2-1 revenue fund.
2-2 (c) If a local agreement exists between the attorney
2-3 representing the state and law enforcement agencies, all money,
2-4 securities, negotiable instruments, stocks or bonds, or things of
2-5 value, or proceeds from the sale of those items, shall be deposited
2-6 as follows:
2-7 (1) 50 percent to the credit of the jail overcrowding
2-8 alleviation account of the general revenue fund; and
2-9 (2) the balance according to the terms of the
2-10 agreement into one or more of the following funds:
2-11 (A) <(1)> a special fund in the county treasury
2-12 for the benefit of the office of the attorney representing the
2-13 state, to be used by the attorney solely for the official purposes
2-14 of his office;
2-15 (B) <(2)> a special fund in the municipal
2-16 treasury if distributed to a municipal law enforcement agency, to
2-17 be used solely for law enforcement purposes, such as salaries and
2-18 overtime pay for officers, officer training, specialized
2-19 investigative equipment and supplies, and items used by officers in
2-20 direct law enforcement duties;
2-21 (C) <(3)> a special fund in the county treasury
2-22 if distributed to a county law enforcement agency, to be used
2-23 solely for law enforcement purposes; or
2-24 (D) <(4)> a special fund in the state law
2-25 enforcement agency if distributed to a state law enforcement
2-26 agency, to be used solely for law enforcement purposes.
2-27 (h) As a specific exception to the requirement of
3-1 Subdivisions (2)(A)-(C) <(1)-(3)> of Subsection (c) of this article
3-2 that the funds described by those subdivisions be used only for the
3-3 official purposes of the attorney representing the state or for law
3-4 enforcement purposes, on agreement between the attorney
3-5 representing the state or the head of a law enforcement agency and
3-6 the governing body of a political subdivision, the attorney
3-7 representing the state or the head of the law enforcement agency
3-8 shall comply with the request of the governing body to deposit not
3-9 more than a total of 10 percent of the gross amount credited to the
3-10 attorney's or agency's fund into the treasury of the political
3-11 subdivision. The governing body of the political subdivision
3-12 shall, by ordinance, order, or resolution, use funds received under
3-13 this subsection for:
3-14 (1) nonprofit programs for the prevention of drug
3-15 abuse;
3-16 (2) nonprofit chemical dependency treatment facilities
3-17 licensed under Chapter 464, Health and Safety Code; or
3-18 (3) nonprofit drug and alcohol rehabilitation or
3-19 prevention programs administered or staffed by professionals
3-20 designated as qualified and credentialed by the Texas Commission on
3-21 Alcohol and Drug Abuse. The governing body of a political
3-22 subdivision may not use funds received under this subchapter for
3-23 programs or facilities listed under Subdivisions (1)-(3) of this
3-24 subsection if an officer of or member of the Board of Directors of
3-25 the entity providing the program or facility is related to a member
3-26 of the governing body, the attorney representing the state, or the
3-27 head of the law enforcement agency within the third degree by
4-1 consanguinity or the second degree by affinity. As a specific
4-2 exception to Subdivision (2)(D) <(4)> of Subsection (c) of this
4-3 article, the director of a state law enforcement agency may use not
4-4 more than 10 percent of the amount credited to the special fund of
4-5 the agency under that subdivision for the prevention of drug abuse
4-6 and the treatment of persons with drug-related problems.
4-7 SECTION 2. Chapter 511, Government Code, is amended by
4-8 adding Section 511.017 to read as follows:
4-9 Sec. 511.017. JAIL OVERCROWDING ALLEVIATION ACCOUNT. (a)
4-10 The jail overcrowding alleviation account is established in the
4-11 general revenue fund. Money in the account may be appropriated to
4-12 the commission only for the purpose of alleviating jail
4-13 overcrowding in the manner described by this section.
4-14 (b) The commission shall distribute money appropriated from
4-15 the account to commissioners courts of counties determined by the
4-16 commission to be operating jails that are severely overcrowded
4-17 because those jails are confining a substantial number of persons:
4-18 (1) convicted of felonies and awaiting transfer to the
4-19 institutional division of the Texas Department of Criminal Justice;
4-20 or
4-21 (2) awaiting felony probation or parole revocation
4-22 hearings or transfer to the institutional division after
4-23 revocations.
4-24 (c) A commissioners court that receives money from the
4-25 commission under this section may use the money only for programs
4-26 established after consultation with the sheriff and approved by the
4-27 commission to alleviate jail overcrowding.
5-1 SECTION 3. The change in law made by this Act applies only
5-2 to the disposition of property and proceeds from the sale of
5-3 property seized under Chapter 59, Code of Criminal Procedure, on or
5-4 after the effective date of this Act. The disposition of property
5-5 and proceeds from the sale of property seized under Chapter 59
5-6 before the effective date of this Act are covered by the law in
5-7 effect on the date the property is seized, and the former law is
5-8 continued in effect for this purpose.
5-9 SECTION 4. This Act takes effect September 1, 1993.
5-10 SECTION 5. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended.