By Longoria                                           H.B. No. 2165
       74R2987 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the disposition of forfeited contraband and the
    1-3  proceeds from the sale of forfeited contraband.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 59.06, Code of Criminal Procedure, is
    1-6  amended to read as follows:
    1-7        Art. 59.06.  DISPOSITION OF FORFEITED PROPERTY.  (a)  Except
    1-8  as provided by Subsection (f) <(i)>, all forfeited property shall
    1-9  be administered by the attorney representing the state, acting as
   1-10  the agent of the state, in accordance with accepted accounting
   1-11  practices and with the provisions of an <any local> agreement
   1-12  entered into between the <attorney representing the> state and
   1-13  local law enforcement agencies.   An agreement must provide for an
   1-14  equitable division of the proceeds between the state, the county,
   1-15  or the municipality based on the participation of the state,
   1-16  county, or municipal law enforcement agency in the seizure of
   1-17  forfeited property.  If an <a local> agreement has not been
   1-18  executed, the property shall be sold on the 75th day after the date
   1-19  of the final judgment of forfeiture at public auction under the
   1-20  direction of the county sheriff, after notice of public auction as
   1-21  provided by law for other sheriff's sales.  The proceeds of the
   1-22  sale shall be distributed as follows:
   1-23              (1)  to any interest holder to the extent of the
   1-24  interest holder's nonforfeitable interest; and
    2-1              (2)  the balance, if any, after deductions of all
    2-2  storage and disposal costs, to be deposited not later than the 30th
    2-3  day after the date of the sale in the state treasury to the credit
    2-4  of the general revenue fund.
    2-5        (b)  If an <a local> agreement exists between the <attorney
    2-6  representing the> state and local law enforcement agencies, the
    2-7  attorney representing the state shall <may> transfer the property
    2-8  to the county sheriff.  The property shall be sold on the 75th day
    2-9  after the date of the final judgment of forfeiture at public
   2-10  auction under the direction of the county sheriff, after notice of
   2-11  public auction as provided by law for other sheriff's sales.  The
   2-12  proceeds of the sale shall be distributed as follows:
   2-13              (1)  to any interest holder to the extent of the
   2-14  interest holder's nonforfeitable interest; and
   2-15              (2)  the balance, if any, after deductions of all
   2-16  storage and disposal costs, to be deposited not later than the 30th
   2-17  day after the date of the sale in accordance with the terms of the
   2-18  agreement in one or more of the following:
   2-19                    (A)  the county treasury;
   2-20                    (B)  the municipal treasury; or
   2-21                    (C)  the state treasury to the credit of the
   2-22  general revenue fund <law enforcement agencies to maintain, repair,
   2-23  use, and operate the property for official purposes if the property
   2-24  is free of any interest of an interest holder.  The agency
   2-25  receiving the forfeited property may purchase the interest of an
   2-26  interest holder so that the property can be released for use by the
   2-27  agency.  The agency receiving the forfeited property may maintain,
    3-1  repair, use, and operate the property with money appropriated for
    3-2  current operations.  If the property is a motor vehicle subject to
    3-3  registration under the motor vehicle registration laws of this
    3-4  state, the agency receiving the forfeited vehicle is considered to
    3-5  be the purchaser and the certificate of title shall issue to the
    3-6  agency.  The agency at any time may transfer the property to a
    3-7  municipal or county law enforcement agency for the use of that
    3-8  agency>.
    3-9        (c)  If an <a local> agreement exists between the <attorney
   3-10  representing the> state and local law enforcement agencies, all
   3-11  money, securities, negotiable instruments, stocks or bonds, or
   3-12  things of value, or proceeds from the sale of those items, shall be
   3-13  deposited according to the terms of the agreement into one or more
   3-14  of the following funds:
   3-15              (1)  <a special fund in> the county treasury <for the
   3-16  benefit of the office of the attorney representing the state, to be
   3-17  used by the attorney solely for the official purposes of his
   3-18  office>;
   3-19              (2)  <a special fund in> the municipal treasury <if
   3-20  distributed to a municipal law enforcement agency, to be used
   3-21  solely for law enforcement purposes, such as salaries and overtime
   3-22  pay for officers, officer training, specialized investigative
   3-23  equipment and supplies, and items used by officers in direct law
   3-24  enforcement duties>; or
   3-25              (3)  the state treasury to the credit of the general
   3-26  revenue fund <a special fund in the county treasury if distributed
   3-27  to a county law enforcement agency, to be used solely for law
    4-1  enforcement purposes; or>
    4-2              <(4)  a special fund in the state law enforcement
    4-3  agency if distributed to a state law enforcement agency, to be used
    4-4  solely for law enforcement purposes>.
    4-5        (d)  <Proceeds awarded under this chapter to a law
    4-6  enforcement agency or to the attorney representing the state may be
    4-7  spent by the agency or the attorney after a budget for the
    4-8  expenditure of the proceeds has been submitted to the commissioners
    4-9  court or governing body of the municipality.  The budget must be
   4-10  detailed and clearly list and define the categories of
   4-11  expenditures, but may not list details that would endanger the
   4-12  security of an investigation or prosecution.  Expenditures are
   4-13  subject to audit provisions established under this article.  A
   4-14  commissioners court or governing body of a municipality may not use
   4-15  the existence of an award to offset or decrease total salaries,
   4-16  expenses, and allowances that the agency or the attorney receives
   4-17  from the commissioners court or governing body at or after the time
   4-18  the proceeds are awarded.  The head of the agency or attorney
   4-19  representing the state may not use the existence of an award to
   4-20  increase a salary, expense, or allowance for an employee of the
   4-21  attorney or agency who is budgeted by the commissioners court or
   4-22  governing body unless the commissioners court or governing body
   4-23  first approves the expenditure.>
   4-24        <(e)>  On the sale of contraband under this article, the
   4-25  appropriate state agency shall issue a certificate of title to the
   4-26  recipient if a certificate of title is required for the property by
   4-27  other law.
    5-1        (e) <(f)>  A final judgment of forfeiture under this chapter
    5-2  perfects the title of the state to the property as of the date that
    5-3  the contraband was seized or the date the forfeiture action was
    5-4  filed, whichever occurred first, except that if the property
    5-5  forfeited is real property, the title is perfected as of the date a
    5-6  notice of lis pendens is filed on the property.
    5-7        <(g)  All law enforcement agencies and attorneys representing
    5-8  the state who receive proceeds or property under this chapter shall
    5-9  account for the seizure, receipt, and disbursement of all such
   5-10  proceeds and property in an audit, which is to be performed
   5-11  annually by the commissioners court or governing body of a
   5-12  municipality, as appropriate.  The audit shall be completed on a
   5-13  form provided by the Criminal Justice Division of the Governor's
   5-14  Office.  Certified copies of the audit shall be delivered by the
   5-15  law enforcement agency or attorney representing the state to the
   5-16  Criminal Justice Division of the Governor's Office no later than 30
   5-17  days after the audit is completed.>
   5-18        <(h)  As a specific exception to the requirement of
   5-19  Subdivisions (1)-(3) of Subsection (c) of this article that the
   5-20  funds described by those subdivisions be used only for the official
   5-21  purposes of the attorney representing the state or for law
   5-22  enforcement purposes, on agreement between the attorney
   5-23  representing the state or the head of a law enforcement agency and
   5-24  the governing body of a political subdivision, the attorney
   5-25  representing the state or the head of the law enforcement agency
   5-26  shall comply with the request of the governing body to deposit not
   5-27  more than a total of 10 percent of the gross amount credited to the
    6-1  attorney's or agency's fund into the treasury of the political
    6-2  subdivision.  The governing body of the political subdivision
    6-3  shall, by ordinance, order, or resolution, use funds received under
    6-4  this subsection for:>
    6-5              <(1)  nonprofit programs for the prevention of drug
    6-6  abuse;>
    6-7              <(2)  nonprofit chemical dependency treatment
    6-8  facilities licensed under Chapter 464, Health and Safety Code; or>
    6-9              <(3)  nonprofit drug and alcohol rehabilitation or
   6-10  prevention programs administered or staffed by professionals
   6-11  designated as qualified and credentialed by the Texas Commission on
   6-12  Alcohol and Drug Abuse.  The governing body of a political
   6-13  subdivision may not use funds received under this subchapter for
   6-14  programs or facilities listed under Subdivisions (1)-(3) of this
   6-15  subsection if an officer of or member of the Board of Directors of
   6-16  the entity providing the program or facility is related to a member
   6-17  of the governing body, the attorney representing the state, or the
   6-18  head of the law enforcement agency within the third degree by
   6-19  consanguinity or the second degree by affinity.  As a specific
   6-20  exception to Subdivision (4) of Subsection (c) of this article, the
   6-21  director of a state law enforcement agency may use not more than 10
   6-22  percent of the amount credited to the special fund of the agency
   6-23  under that subdivision for the prevention of drug abuse and the
   6-24  treatment of persons with drug-related problems.>
   6-25        (f) <(i)>  The attorney representing <for> the state shall
   6-26  transfer all forfeited property that is income from, or acquired
   6-27  with the income from, a movie, book, magazine article, tape
    7-1  recording, phonographic record, radio or television presentation,
    7-2  or live entertainment in which a crime is reenacted to the attorney
    7-3  general.  The attorney general shall deposit the money or proceeds
    7-4  from the sale of the property into an escrow account.  The money in
    7-5  the account is available to satisfy a judgment against the person
    7-6  who committed the crime in favor of a victim of the crime if the
    7-7  judgment is for damages incurred by the victim caused by the
    7-8  commission of the crime.  The attorney general shall transfer the
    7-9  money in the account that has not been ordered paid to a victim in
   7-10  satisfaction of a judgment to the compensation to victims of crime
   7-11  fund on the fifth anniversary of the date the account was
   7-12  established.  In this subsection, "victim" has the meaning assigned
   7-13  by Article 56.32 <Section 3, Crime Victims Compensation Act
   7-14  (Article 8309-1, Vernon's Texas Civil Statutes)>.
   7-15        SECTION 2.  The change in law made by this Act applies only
   7-16  to the disposition of property forfeited on or after the effective
   7-17  date of this Act and proceeds from the sale of property forfeited
   7-18  on or after that date.  Property forfeited before the effective
   7-19  date of this Act and proceeds from the sale of that property are
   7-20  covered by the law in effect when the property was forfeited, and
   7-21  the former law is continued in effect for that purpose.
   7-22        SECTION 3.  This Act takes effect September 1, 1995.
   7-23        SECTION 4.  The importance of this legislation and the
   7-24  crowded condition of the calendars in both houses create an
   7-25  emergency and an imperative public necessity that the
   7-26  constitutional rule requiring bills to be read on three several
   7-27  days in each house be suspended, and this rule is hereby suspended.