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.