1-1     By:  Capelo, Uresti, Homer, et al.                     H.B. No. 855
 1-2          (Senate Sponsor - Truan)
 1-3           (In the Senate - Received from the House April 26, 1999;
 1-4     April 27, 1999, read first time and referred to Committee on
 1-5     Criminal Justice; May 14, 1999, reported favorably by the following
 1-6     vote:  Yeas 7, Nays 0; May 14, 1999, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the use of proceeds from criminal asset forfeiture to
1-10     provide financial assistance to a person pursuing certain law
1-11     enforcement studies.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Article 59.06, Code of Criminal Procedure, is
1-14     amended to read as follows:
1-15           Art. 59.06.  DISPOSITION OF FORFEITED PROPERTY.  (a)  Except
1-16     as provided by Subsection (k) [(i)], all forfeited property shall
1-17     be administered by the attorney representing the state, acting as
1-18     the agent of the state, in accordance with accepted accounting
1-19     practices and with the provisions of any local agreement entered
1-20     into between the attorney representing the state and law
1-21     enforcement agencies.  If a local agreement has not been executed,
1-22     the property shall be sold on the 75th day after the date of the
1-23     final judgment of forfeiture at public auction under the direction
1-24     of the county sheriff, after notice of public auction as provided
1-25     by law for other sheriff's sales.  The proceeds of the sale shall
1-26     be distributed as follows:
1-27                 (1)  to any interest holder to the extent of the
1-28     interest holder's nonforfeitable interest; and
1-29                 (2)  the balance, if any, after deductions of all
1-30     storage and disposal costs, to be deposited not later than the 30th
1-31     day after the date of the sale in the state treasury to the credit
1-32     of the general revenue fund.
1-33           (b)  If a local agreement exists between the attorney
1-34     representing the state and law enforcement agencies, the attorney
1-35     representing the state may transfer the property to law enforcement
1-36     agencies to maintain, repair, use, and operate the property for
1-37     official purposes if the property is free of any interest of an
1-38     interest holder.  The agency receiving the forfeited property may
1-39     purchase the interest of an interest holder so that the property
1-40     can be released for use by the agency.  The agency receiving the
1-41     forfeited property may maintain, repair, use, and operate the
1-42     property with money appropriated for current operations.  If the
1-43     property is a motor vehicle subject to registration under the motor
1-44     vehicle registration laws of this state, the agency receiving the
1-45     forfeited vehicle is considered to be the purchaser and the
1-46     certificate of title shall issue to the agency.  The agency at any
1-47     time may transfer the property to a municipal or county law
1-48     enforcement agency for the use of that agency.
1-49           (c)  If a local agreement exists between the attorney
1-50     representing the state and law enforcement agencies, all money,
1-51     securities, negotiable instruments, stocks or bonds, or things of
1-52     value, or proceeds from the sale of those items, shall be deposited
1-53     according to the terms of the agreement into one or more of the
1-54     following funds:
1-55                 (1)  a special fund in the county treasury for the
1-56     benefit of the office of the attorney representing the state, to be
1-57     used by the attorney solely for the official purposes of his
1-58     office;
1-59                 (2)  a special fund in the municipal treasury if
1-60     distributed to a municipal law enforcement agency, to be used
1-61     solely for law enforcement purposes, such as salaries and overtime
1-62     pay for officers, officer training, specialized investigative
1-63     equipment and supplies, and items used by officers in direct law
1-64     enforcement duties;
 2-1                 (3)  a special fund in the county treasury if
 2-2     distributed to a county law enforcement agency, to be used solely
 2-3     for law enforcement purposes; or
 2-4                 (4)  a special fund in the state law enforcement agency
 2-5     if distributed to a state law enforcement agency, to be used solely
 2-6     for law enforcement purposes.
 2-7           (d)  Proceeds awarded under this chapter to a law enforcement
 2-8     agency or to the attorney representing the state may be spent by
 2-9     the agency or the attorney after a budget for the expenditure of
2-10     the proceeds has been submitted to the commissioners court or
2-11     governing body of the municipality.  The budget must be detailed
2-12     and clearly list and define the categories of expenditures, but may
2-13     not list details that would endanger the security of an
2-14     investigation or prosecution.  Expenditures are subject to audit
2-15     provisions established under this article.  A commissioners court
2-16     or governing body of a municipality may not use the existence of an
2-17     award to offset or decrease total salaries, expenses, and
2-18     allowances that the agency or the attorney receives from the
2-19     commissioners court or governing body at or after the time the
2-20     proceeds are awarded.  The head of the agency or attorney
2-21     representing the state may not use the existence of an award to
2-22     increase a salary, expense, or allowance for an employee of the
2-23     attorney or agency who is budgeted by the commissioners court or
2-24     governing body unless the commissioners court or governing body
2-25     first approves the expenditure.
2-26           (e)  On the sale of contraband under this article, the
2-27     appropriate state agency shall issue a certificate of title to the
2-28     recipient if a certificate of title is required for the property by
2-29     other law.
2-30           (f)  A final judgment of forfeiture under this chapter
2-31     perfects the title of the state to the property as of the date that
2-32     the contraband was seized or the date the forfeiture action was
2-33     filed, whichever occurred first, except that if the property
2-34     forfeited is real property, the title is perfected as of the date a
2-35     notice of lis pendens is filed on the property.
2-36           (g)  All law enforcement agencies and attorneys representing
2-37     the state who receive proceeds or property under this chapter shall
2-38     account for the seizure, forfeiture, receipt, and specific
2-39     expenditure of all such proceeds and property in an audit, which is
2-40     to be performed annually by the commissioners court or governing
2-41     body of a municipality, as appropriate.  The annual period of the
2-42     audit for a law enforcement agency is the fiscal year of the
2-43     appropriate county or municipality and the annual period for an
2-44     attorney representing the state is the state fiscal year.  The
2-45     audit shall be completed on a form provided by the Criminal Justice
2-46     Division of the Governor's Office.  Certified copies of the audit
2-47     shall be delivered by the law enforcement agency or attorney
2-48     representing the state to the comptroller's office and the Criminal
2-49     Justice Division of the Governor's Office not later than the 30th
2-50     day after the date on which the annual period that is the subject
2-51     of the audit ends.
2-52           (h)  As a specific exception to the requirement of
2-53     Subdivisions (1)-(3) of Subsection (c) of this article that the
2-54     funds described by those subdivisions be used only for the official
2-55     purposes of the attorney representing the state or for law
2-56     enforcement purposes, on agreement between the attorney
2-57     representing the state or the head of a law enforcement agency and
2-58     the governing body of a political subdivision, the attorney
2-59     representing the state or the head of the law enforcement agency
2-60     shall comply with the request of the governing body to deposit not
2-61     more than a total of 10 percent of the gross amount credited to the
2-62     attorney's or agency's fund into the treasury of the political
2-63     subdivision.  The governing body of the political subdivision
2-64     shall, by ordinance, order, or resolution, use funds received under
2-65     this subsection for:
2-66                 (1)  nonprofit programs for the prevention of drug
2-67     abuse;
2-68                 (2)  nonprofit chemical dependency treatment facilities
2-69     licensed under Chapter 464, Health and Safety Code;  [or]
 3-1                 (3)  nonprofit drug and alcohol rehabilitation or
 3-2     prevention programs administered or staffed by professionals
 3-3     designated as qualified and credentialed by the Texas Commission on
 3-4     Alcohol and Drug Abuse; or
 3-5                 (4)  financial assistance as described by Subsection
 3-6     (o).
 3-7           (i)  The governing body of a political subdivision may not
 3-8     use funds received under this subchapter for programs or facilities
 3-9     listed under Subsections (h)(1)-(3) [Subdivisions (1)-(3) of this
3-10     subsection] if an officer of or member of the Board of Directors of
3-11     the entity providing the program or facility is related to a member
3-12     of the governing body, the attorney representing the state, or the
3-13     head of the law enforcement agency within the third degree by
3-14     consanguinity or the second degree by affinity.
3-15           (j)  As a specific exception to Subdivision (4) of Subsection
3-16     (c) of this article, the director of a state law enforcement agency
3-17     may use not more than 10 percent of the amount credited to the
3-18     special fund of the agency under that subdivision for the
3-19     prevention of drug abuse and the treatment of persons with
3-20     drug-related problems.
3-21           (k) [(i)]  The attorney for the state shall transfer all
3-22     forfeited property that is income from, or acquired with the income
3-23     from, a movie, book, magazine article, tape recording, phonographic
3-24     record, radio or television presentation, or live entertainment in
3-25     which a crime is reenacted to the attorney general.  The attorney
3-26     general shall deposit the money or proceeds from the sale of the
3-27     property into an escrow account.  The money in the account is
3-28     available to satisfy a judgment against the person who committed
3-29     the crime in favor of a victim of the crime if the judgment is for
3-30     damages incurred by the victim caused by the commission of the
3-31     crime.  The attorney general shall transfer the money in the
3-32     account that has not been ordered paid to a victim in satisfaction
3-33     of a judgment to the compensation to victims of crime fund on the
3-34     fifth anniversary of the date the account was established.  In this
3-35     subsection, "victim" has the meaning assigned by Article 56.32.
3-36           (l) [(j)]  A law enforcement agency that, or an attorney
3-37     representing the state who, does not receive proceeds or property
3-38     under this chapter during an annual period as described by
3-39     Subsection (g) shall, not later than the 30th day after the date on
3-40     which the annual period ends, report to the Criminal Justice
3-41     Division of the Governor's Office that the agency or attorney, as
3-42     appropriate, did not receive proceeds or property under this
3-43     chapter during the annual period.
3-44           (m) [(k)]  As a specific exception to Subdivisions (1)-(3) of
3-45     Subsection (c), a law enforcement agency or attorney representing
3-46     the state may use proceeds received under this chapter to contract
3-47     with a person or entity to prepare an audit as required by
3-48     Subsection (g).
3-49           (n)  As a specific exception to Subsection (c)(2) or (3), a
3-50     local law enforcement agency may transfer not more than a total of
3-51     10 percent of the gross amount credited to the agency's fund to a
3-52     separate special fund in the treasury of the political subdivision.
3-53     The agency shall administer the separate special fund, and
3-54     expenditures from the fund are at the sole discretion of the agency
3-55     and may be used only for financial assistance as described by
3-56     Subsection (o).
3-57           (o)  The governing body of a political subdivision or a local
3-58     law enforcement agency may provide financial assistance under
3-59     Subsection (h)(4) or (n) only to a person who is a Texas resident,
3-60     who plans to enroll or is enrolled at an institution of higher
3-61     education in an undergraduate degree or certificate program in a
3-62     field related to law enforcement, and who plans to return to that
3-63     locality to work for the political subdivision or the agency in a
3-64     field related to law enforcement.  To ensure the promotion of a law
3-65     enforcement purpose of the political subdivision or the agency, the
3-66     governing body of the political subdivision or the agency shall
3-67     impose other reasonable criteria related to the provision of this
3-68     financial assistance, including a requirement that a recipient of
3-69     the financial assistance work for a certain period of time for the
 4-1     political subdivision or the agency in a field related to law
 4-2     enforcement and including a requirement that the recipient sign an
 4-3     agreement to perform that work for that period of time.  In this
 4-4     subsection, "institution of higher education" has the meaning
 4-5     assigned by Section 61.003, Education Code.
 4-6           SECTION 2.  This Act takes effect September 1, 1999.
 4-7           SECTION 3.  The importance of this legislation and the
 4-8     crowded condition of the calendars in both houses create an
 4-9     emergency and an imperative public necessity that the
4-10     constitutional rule requiring bills to be read on three several
4-11     days in each house be suspended, and this rule is hereby suspended.
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