1-1                                   AN ACT
 1-2     relating to the use of proceeds from criminal asset forfeiture to
 1-3     provide financial assistance to a person pursuing certain law
 1-4     enforcement studies.
 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, forfeiture, receipt, and specific
4-18     expenditure of all such proceeds and property in an audit, which is
4-19     to be performed annually by the commissioners court or governing
4-20     body of a municipality, as appropriate.  The annual period of the
4-21     audit for a law enforcement agency is the fiscal year of the
4-22     appropriate county or municipality and the annual period for an
4-23     attorney representing the state is the state fiscal year.  The
4-24     audit shall be completed on a form provided by the Criminal Justice
4-25     Division of the Governor's Office.  Certified copies of the audit
4-26     shall be delivered by the law enforcement agency or attorney
4-27     representing the state to the comptroller's office and the Criminal
 5-1     Justice Division of the Governor's Office not later than the 30th
 5-2     day after the date on which the annual period that is the subject
 5-3     of the audit ends.
 5-4           (h)  As a specific exception to the requirement of
 5-5     Subdivisions (1)-(3) of Subsection (c) of this article that the
 5-6     funds described by those subdivisions be used only for the official
 5-7     purposes of the attorney representing the state or for law
 5-8     enforcement purposes, on agreement between the attorney
 5-9     representing the state or the head of a law enforcement agency and
5-10     the governing body of a political subdivision, the attorney
5-11     representing the state or the head of the law enforcement agency
5-12     shall comply with the request of the governing body to deposit not
5-13     more than a total of 10 percent of the gross amount credited to the
5-14     attorney's or agency's fund into the treasury of the political
5-15     subdivision.  The governing body of the political subdivision
5-16     shall, by ordinance, order, or resolution, use funds received under
5-17     this subsection for:
5-18                 (1)  nonprofit programs for the prevention of drug
5-19     abuse;
5-20                 (2)  nonprofit chemical dependency treatment facilities
5-21     licensed under Chapter 464, Health and Safety Code;  [or]
5-22                 (3)  nonprofit drug and alcohol rehabilitation or
5-23     prevention programs administered or staffed by professionals
5-24     designated as qualified and credentialed by the Texas Commission on
5-25     Alcohol and Drug Abuse; or
5-26                 (4)  financial assistance as described by Subsection
5-27     (o).
 6-1           (i)  The governing body of a political subdivision may not
 6-2     use funds received under this subchapter for programs or facilities
 6-3     listed under Subsections (h)(1)-(3) [Subdivisions (1)-(3) of this
 6-4     subsection] if an officer of or member of the Board of Directors of
 6-5     the entity providing the program or facility is related to a member
 6-6     of the governing body, the attorney representing the state, or the
 6-7     head of the law enforcement agency within the third degree by
 6-8     consanguinity or the second degree by affinity.
 6-9           (j)  As a specific exception to Subdivision (4) of Subsection
6-10     (c) of this article, the director of a state law enforcement agency
6-11     may use not more than 10 percent of the amount credited to the
6-12     special fund of the agency under that subdivision for the
6-13     prevention of drug abuse and the treatment of persons with
6-14     drug-related problems.
6-15           (k) [(i)]  The attorney for the state shall transfer all
6-16     forfeited property that is income from, or acquired with the income
6-17     from, a movie, book, magazine article, tape recording, phonographic
6-18     record, radio or television presentation, or live entertainment in
6-19     which a crime is reenacted to the attorney general.  The attorney
6-20     general shall deposit the money or proceeds from the sale of the
6-21     property into an escrow account.  The money in the account is
6-22     available to satisfy a judgment against the person who committed
6-23     the crime in favor of a victim of the crime if the judgment is for
6-24     damages incurred by the victim caused by the commission of the
6-25     crime.  The attorney general shall transfer the money in the
6-26     account that has not been ordered paid to a victim in satisfaction
6-27     of a judgment to the compensation to victims of crime fund on the
 7-1     fifth anniversary of the date the account was established.  In this
 7-2     subsection, "victim" has the meaning assigned by Article 56.32.
 7-3           (l) [(j)]  A law enforcement agency that, or an attorney
 7-4     representing the state who, does not receive proceeds or property
 7-5     under this chapter during an annual period as described by
 7-6     Subsection (g) shall, not later than the 30th day after the date on
 7-7     which the annual period ends, report to the Criminal Justice
 7-8     Division of the Governor's Office that the agency or attorney, as
 7-9     appropriate, did not receive proceeds or property under this
7-10     chapter during the annual period.
7-11           (m) [(k)]  As a specific exception to Subdivisions (1)-(3) of
7-12     Subsection (c), a law enforcement agency or attorney representing
7-13     the state may use proceeds received under this chapter to contract
7-14     with a person or entity to prepare an audit as required by
7-15     Subsection (g).
7-16           (n)  As a specific exception to Subsection (c)(2) or (3), a
7-17     local law enforcement agency may transfer not more than a total of
7-18     10 percent of the gross amount credited to the agency's fund to a
7-19     separate special fund in the treasury of the political subdivision.
7-20     The agency shall administer the separate special fund, and
7-21     expenditures from the fund are at the sole discretion of the agency
7-22     and may be used only for financial assistance as described by
7-23     Subsection (o).
7-24           (o)  The governing body of a political subdivision or a local
7-25     law enforcement agency may provide financial assistance under
7-26     Subsection (h)(4) or (n) only to a person who is a Texas resident,
7-27     who plans to enroll or is enrolled at an institution of higher
 8-1     education in an undergraduate degree or certificate program in a
 8-2     field related to law enforcement, and who plans to return to that
 8-3     locality to work for the political subdivision or the agency in a
 8-4     field related to law enforcement.  To ensure the promotion of a law
 8-5     enforcement purpose of the political subdivision or the agency, the
 8-6     governing body of the political subdivision or the agency shall
 8-7     impose other reasonable criteria related to the provision of this
 8-8     financial assistance, including a requirement that a recipient of
 8-9     the financial assistance work for a certain period of time for the
8-10     political subdivision or the agency in a field related to law
8-11     enforcement and including a requirement that the recipient sign an
8-12     agreement to perform that work for that period of time.  In this
8-13     subsection, "institution of higher education" has the meaning
8-14     assigned by Section 61.003, Education Code.
8-15           SECTION 2.  This Act takes effect September 1, 1999.
8-16           SECTION 3.  The importance of this legislation and the
8-17     crowded condition of the calendars in both houses create an
8-18     emergency and an imperative public necessity that the
8-19     constitutional rule requiring bills to be read on three several
8-20     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 855 was passed by the House on April
         23, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 855 was passed by the Senate on May
         24, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor