By Wise                                          H.B. No. 747

      75R2782 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the distributing of a portion  of the proceeds of

 1-3     criminal asset forfeiture to programs designed to prevent youthful

 1-4     drug abuse.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Article 59.06, Code of Criminal Procedure, is

 1-7     amended to read as follows:

 1-8           Art. 59.06.  DISPOSITION OF FORFEITED PROPERTY.  (a)  Except

 1-9     as provided by Subsection (k) [(i)], all forfeited property shall

1-10     be administered by the attorney representing the state, acting as

1-11     the agent of the state, in accordance with accepted accounting

1-12     practices and with the provisions of any local agreement entered

1-13     into between the attorney representing the state and law

1-14     enforcement agencies.   If a local agreement has not been executed,

1-15     the property shall be sold on the 75th day after the date of the

1-16     final judgment of forfeiture at public auction under the direction

1-17     of the county sheriff, after notice of public auction as provided

1-18     by law for other sheriff's sales.  The proceeds of the sale shall

1-19     be distributed as follows:

1-20                 (1)  to any interest holder to the extent of the

1-21     interest holder's nonforfeitable interest;  and

1-22                 (2)  the balance, if any, after deductions of all

1-23     storage and disposal costs, to be deposited not later than the 30th

1-24     day after the date of the sale in the state treasury to the credit

 2-1     of the general revenue fund.

 2-2           (b)  If a local agreement exists between the attorney

 2-3     representing the state and law enforcement agencies, the attorney

 2-4     representing the state may transfer the property to law enforcement

 2-5     agencies to maintain, repair, use, and operate the property for

 2-6     official purposes if the property is free of any interest of an

 2-7     interest holder.  The agency receiving the forfeited property may

 2-8     purchase the interest of an interest holder so that the property

 2-9     can be released for use by the agency.  The agency receiving the

2-10     forfeited property may maintain, repair, use, and operate the

2-11     property with money appropriated for current operations.  If the

2-12     property is a motor vehicle subject to registration under the motor

2-13     vehicle registration laws of this state, the agency receiving the

2-14     forfeited vehicle is considered to be the purchaser and the

2-15     certificate of title shall issue to the agency.  The agency at any

2-16     time may transfer the property to a municipal or county law

2-17     enforcement agency for the use of that agency.

2-18           (c)  If a local agreement exists between the attorney

2-19     representing the state and law enforcement agencies, all money,

2-20     securities, negotiable instruments, stocks or bonds, or things of

2-21     value, or proceeds from the sale of those items, shall be deposited

2-22     according to the terms of the agreement into one or more of the

2-23     following funds:

2-24                 (1)  a special fund in the county treasury for the

2-25     benefit of the office of the attorney representing the state, to be

2-26     used by the attorney solely for the official purposes of his

2-27     office;

 3-1                 (2)  a special fund in the municipal treasury if

 3-2     distributed to a municipal law enforcement agency, to be used

 3-3     solely for law enforcement purposes, such as salaries and overtime

 3-4     pay for officers, officer training, specialized investigative

 3-5     equipment and supplies, and items used by officers in direct law

 3-6     enforcement duties;

 3-7                 (3)  a special fund in the county treasury if

 3-8     distributed to a county law enforcement agency, to be used solely

 3-9     for law enforcement purposes;  or

3-10                 (4)  a special fund in the state law enforcement agency

3-11     if distributed to a state law enforcement agency, to be used solely

3-12     for law enforcement purposes.

3-13           (d)  Proceeds awarded under this chapter to a law enforcement

3-14     agency or to the attorney representing the state may be spent by

3-15     the agency or the attorney after a budget for the expenditure of

3-16     the proceeds has been submitted to the commissioners court or

3-17     governing body of the municipality.  The budget must be detailed

3-18     and clearly list and define the categories of expenditures, but may

3-19     not list details that would endanger the security of an

3-20     investigation or prosecution.  Expenditures are subject to audit

3-21     provisions established under this article.  A commissioners court

3-22     or governing body of a municipality may not use the existence of an

3-23     award to offset or decrease total salaries, expenses, and

3-24     allowances that the agency or the attorney receives from the

3-25     commissioners court or governing body at or after the time the

3-26     proceeds are awarded.  The head of the agency or attorney

3-27     representing the state may not use the existence of an award to

 4-1     increase a salary, expense, or allowance for an employee of the

 4-2     attorney or agency who is budgeted by the commissioners court or

 4-3     governing body unless the commissioners court or governing body

 4-4     first approves the expenditure.

 4-5           (e)  On the sale of contraband under this article, the

 4-6     appropriate state agency shall issue a certificate of title to the

 4-7     recipient if a certificate of title is required for the property by

 4-8     other law.

 4-9           (f)  A final judgment of forfeiture under this chapter

4-10     perfects the title of the state to the property as of the date that

4-11     the contraband was seized or the date the forfeiture action was

4-12     filed, whichever occurred first, except that if the property

4-13     forfeited is real property, the title is perfected as of the date a

4-14     notice of lis pendens is filed on the property.

4-15           (g)  All law enforcement agencies and attorneys representing

4-16     the state who receive proceeds or property under this chapter shall

4-17     account for the seizure, receipt, and disbursement of all such

4-18     proceeds and property in an audit, which is to be performed

4-19     annually by the commissioners court or governing body of a

4-20     municipality, as appropriate.  The audit shall be completed on a

4-21     form provided by the Criminal Justice Division of the Governor's

4-22     Office.  Certified copies of the audit shall be delivered by the

4-23     law enforcement agency or attorney representing the state to the

4-24     Criminal Justice Division of the Governor's Office no later than 30

4-25     days after the audit is completed.

4-26           (h)  As a specific exception to the requirement of

4-27     Subdivisions (1)-(3) of Subsection (c) of this article that the

 5-1     funds described by those subdivisions be used only for the official

 5-2     purposes of the attorney representing the state or for law

 5-3     enforcement purposes, on agreement between the attorney

 5-4     representing the state or the head of a law enforcement agency and

 5-5     the governing body of a political subdivision, the attorney

 5-6     representing the state or the head of the law enforcement agency

 5-7     shall comply with the request of the governing body to deposit not

 5-8     more than a total of 10 percent of the gross amount credited to the

 5-9     attorney's or agency's fund into the treasury of the political

5-10     subdivision.  The governing body of the political subdivision

5-11     shall, by ordinance, order, or resolution, use not less than 25

5-12     percent of the funds received under this subsection for drug-abuse

5-13     prevention programs provided by  nonprofit organizations that

5-14     primarily serve children and the remainder of the funds received

5-15     under this subsection for:

5-16                 (1)  other nonprofit programs for the prevention of

5-17     drug abuse;

5-18                 (2)  nonprofit chemical dependency treatment facilities

5-19     licensed under Chapter 464, Health and Safety Code;  or

5-20                 (3)  nonprofit drug and alcohol rehabilitation or

5-21     prevention programs administered or staffed by professionals

5-22     designated as qualified and credentialed by the Texas Commission on

5-23     Alcohol and Drug Abuse.

5-24           (i)  The governing body of a political subdivision may not

5-25     use funds received under this subchapter for programs or facilities

5-26     listed under Subsection (h) [Subdivisions (1)-(3) of this

5-27     subsection] if an officer of or member of the Board of Directors of

 6-1     the entity providing the program or facility is related to a member

 6-2     of the governing body, the attorney representing the state, or the

 6-3     head of the law enforcement agency within the third degree by

 6-4     consanguinity or the second degree by affinity.

 6-5           (j)  As a specific exception to Subdivision (4) of Subsection

 6-6     (c) of this article, the director of a state law enforcement agency

 6-7     may use not more than 10 percent of the amount credited to the

 6-8     special fund of the agency under that subdivision for the

 6-9     prevention of drug abuse and the treatment of persons with

6-10     drug-related problems.

6-11           (k) [(i)]  The attorney for the state shall transfer all

6-12     forfeited property that is income from, or acquired with the income

6-13     from, a movie, book, magazine article, tape recording, phonographic

6-14     record, radio or television presentation, or live entertainment in

6-15     which a crime is reenacted to the attorney general.  The attorney

6-16     general shall deposit the money or proceeds from the sale of the

6-17     property into an escrow account.  The money in the account is

6-18     available to satisfy a judgment against the person who committed

6-19     the crime in favor of a victim of the crime if the judgment is for

6-20     damages incurred by the victim caused by the commission of the

6-21     crime.  The attorney general shall transfer the money in the

6-22     account that has not been ordered paid to a victim in satisfaction

6-23     of a judgment to the compensation to victims of crime fund on the

6-24     fifth anniversary of the date the account was established.  In this

6-25     subsection, "victim" has the meaning assigned by Article 56.32.

6-26           SECTION 2.  The change in law made by this Act applies only

6-27     to the disposition of funds deposited into the treasury of a

 7-1     political subdivision on or after the effective date of this Act.

 7-2     The disposition of funds deposited into the treasury of a political

 7-3     subdivision before the effective date of this Act is covered by the

 7-4     law in effect when those funds were deposited, and the former law

 7-5     is continued in effect for this purpose.

 7-6           SECTION 3.  This Act takes effect September 1, 1997.

 7-7           SECTION 4.  The importance of this legislation and the

 7-8     crowded condition of the calendars in both houses create an

 7-9     emergency and an imperative public necessity that the

7-10     constitutional rule requiring bills to be read on three several

7-11     days in each house be suspended, and this rule is hereby suspended.