By: Barrientos S.B. No. 1176
73R5444 NSC-F
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 for runaway and at-risk youth programs, dropout
1-4 reduction programs, gang suppression programs, and substance abuse
1-5 treatment programs.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subsections (a), (c), and (h), Article 59.06,
1-8 Code of Criminal Procedure, are amended to read as follows:
1-9 (a) All forfeited property shall be administered by the
1-10 attorney representing the state, acting as the agent of the state,
1-11 in accordance with accepted accounting practices and with the
1-12 provisions of any local agreement entered into between the attorney
1-13 representing the state and law enforcement agencies. If a local
1-14 agreement has not been executed, the property shall be sold on the
1-15 75th day after the date of the final judgment of forfeiture at
1-16 public auction under the direction of the county sheriff, after
1-17 notice of public auction as provided by law for other sheriff's
1-18 sales. The proceeds of the sale shall be distributed as follows:
1-19 (1) to any interest holder to the extent of the
1-20 interest holder's nonforfeitable interest; and
1-21 (2) the balance, if any, after deductions of all
1-22 storage and disposal costs, to be deposited not later than the 30th
1-23 day after the date of the sale in the state treasury as follows:
1-24 (A) 20 percent to the credit of the runaway and
2-1 at-risk youth account of the general revenue fund;
2-2 (B) 20 percent to the credit of the dropout
2-3 reduction account of the general revenue fund;
2-4 (C) 5 percent to the credit of the gang
2-5 suppression account of the general revenue fund;
2-6 (D) 5 percent to the credit of the substance
2-7 abuse treatment programs account of the general revenue fund; and
2-8 (E) 50 percent to the credit of the general
2-9 revenue fund.
2-10 (c) If a local agreement exists between the attorney
2-11 representing the state and law enforcement agencies, all money,
2-12 securities, negotiable instruments, stocks or bonds, or things of
2-13 value, or proceeds from the sale of those items, shall be deposited
2-14 as follows:
2-15 (1) 20 percent to the credit of the runaway and
2-16 at-risk youth account of the general revenue fund;
2-17 (2) 20 percent to the credit of the dropout reduction
2-18 account of the general revenue fund;
2-19 (3) 5 percent to the credit of the gang suppression
2-20 account of the general revenue fund;
2-21 (4) 5 percent to the credit of the substance abuse
2-22 treatment programs account of the general revenue fund; and
2-23 (5) the balance according to the terms of the
2-24 agreement into one or more of the following funds:
2-25 (A) <(1)> a special fund in the county treasury
2-26 for the benefit of the office of the attorney representing the
2-27 state, to be used by the attorney solely for the official purposes
3-1 of his office;
3-2 (B) <(2)> a special fund in the municipal
3-3 treasury if distributed to a municipal law enforcement agency, to
3-4 be used solely for law enforcement purposes, such as salaries and
3-5 overtime pay for officers, officer training, specialized
3-6 investigative equipment and supplies, and items used by officers in
3-7 direct law enforcement duties;
3-8 (C) <(3)> a special fund in the county treasury
3-9 if distributed to a county law enforcement agency, to be used
3-10 solely for law enforcement purposes; or
3-11 (D) <(4)> a special fund in the state law
3-12 enforcement agency if distributed to a state law enforcement
3-13 agency, to be used solely for law enforcement purposes.
3-14 (h) As a specific exception to the requirement of
3-15 Subdivisions (5)(A)-(C) <(1)-(3)> of Subsection (c) of this article
3-16 that the funds described by those subdivisions be used only for the
3-17 official purposes of the attorney representing the state or for law
3-18 enforcement purposes, on agreement between the attorney
3-19 representing the state or the head of a law enforcement agency and
3-20 the governing body of a political subdivision, the attorney
3-21 representing the state or the head of the law enforcement agency
3-22 shall comply with the request of the governing body to deposit not
3-23 more than a total of 10 percent of the gross amount credited to the
3-24 attorney's or agency's fund into the treasury of the political
3-25 subdivision. The governing body of the political subdivision
3-26 shall, by ordinance, order, or resolution, use funds received under
3-27 this subsection for:
4-1 (1) nonprofit programs for the prevention of drug
4-2 abuse;
4-3 (2) nonprofit chemical dependency treatment facilities
4-4 licensed under Chapter 464, Health and Safety Code; or
4-5 (3) nonprofit drug and alcohol rehabilitation or
4-6 prevention programs administered or staffed by professionals
4-7 designated as qualified and credentialed by the Texas Commission on
4-8 Alcohol and Drug Abuse. The governing body of a political
4-9 subdivision may not use funds received under this subchapter for
4-10 programs or facilities listed under Subdivisions (1)-(3) of this
4-11 subsection if an officer of or member of the Board of Directors of
4-12 the entity providing the program or facility is related to a member
4-13 of the governing body, the attorney representing the state, or the
4-14 head of the law enforcement agency within the third degree by
4-15 consanguinity or the second degree by affinity. As a specific
4-16 exception to Subdivision (5)(D) <(4)> of Subsection (c) of this
4-17 article, the director of a state law enforcement agency may use not
4-18 more than 10 percent of the amount credited to the special fund of
4-19 the agency under that subdivision for the prevention of drug abuse
4-20 and the treatment of persons with drug-related problems.
4-21 SECTION 2. Chapter 80, Human Resources Code, is amended by
4-22 adding Section 80.005 to read as follows:
4-23 Sec. 80.005. RUNAWAY AND AT-RISK YOUTH ACCOUNT. (a) The
4-24 runaway and at-risk youth account is established as an account in
4-25 the general revenue fund. The legislature shall appropriate money
4-26 from the account to the department.
4-27 (b) The department may distribute the money only to runaway
5-1 and at-risk youth programs administered or approved by the
5-2 department. The department may adopt a budget and rules for the
5-3 distribution of money to the programs.
5-4 (c) The comptroller of public accounts may audit money
5-5 collected under this section.
5-6 SECTION 3. Section 11.205, Education Code, is amended by
5-7 adding Subsection (f) to read as follows:
5-8 (f) The dropout reduction account is established as an
5-9 account in the general revenue fund. The legislature shall
5-10 appropriate money from the account to the agency. The agency may
5-11 distribute the money only to dropout reduction programs developed
5-12 or approved by the agency. The agency may adopt a budget and rules
5-13 for the distribution of money to the programs. The comptroller of
5-14 public accounts may audit money collected under this subsection.
5-15 SECTION 4. Section 772.006, Government Code, is amended by
5-16 adding Subsections (d) and (e) to read as follows:
5-17 (d) The gang suppression account is established as an
5-18 account in the general revenue fund. The legislature shall
5-19 appropriate money from the account to the criminal justice division
5-20 of the governor's office. The division may distribute the money
5-21 only to local programs for the prevention of gang activity. The
5-22 division may adopt a budget and rules for the distribution of money
5-23 to the local programs. The comptroller of public accounts may
5-24 audit money collected under this subsection.
5-25 (e) The substance abuse treatment programs account is
5-26 established as an account in the general revenue fund. The
5-27 legislature shall appropriate money from the account to the
6-1 criminal justice division of the governor's office. The division
6-2 may distribute the money only to local programs for the treatment
6-3 of substance abuse. The division may adopt a budget and rules for
6-4 the distribution of money to the local programs. The comptroller
6-5 of public accounts may audit money collected under this subsection.
6-6 SECTION 5. The change in law made by this Act applies only
6-7 to the disposition of property and proceeds from the sale of
6-8 property seized under Chapter 59, Code of Criminal Procedure, on or
6-9 after the effective date of this Act. The disposition of property
6-10 and proceeds from the sale of property seized under Chapter 59
6-11 before the effective date of this Act are covered by the law in
6-12 effect on the date the property is seized, and the former law is
6-13 continued in effect for that purpose.
6-14 SECTION 6. This Act takes effect September 1, 1993.
6-15 SECTION 7. The importance of this legislation and the
6-16 crowded condition of the calendars in both houses create an
6-17 emergency and an imperative public necessity that the
6-18 constitutional rule requiring bills to be read on three several
6-19 days in each house be suspended, and this rule is hereby suspended.