By Longoria                                           H.B. No. 3537
         76R956 KEL-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, forfeiture, receipt, and specific
5-10     expenditure of all such proceeds and property in an audit, which is
5-11     to be performed annually by the commissioners court or governing
5-12     body of a municipality, as appropriate.  The annual period of the
5-13     audit for a law enforcement agency is the fiscal year of the
5-14     appropriate county or municipality and the annual period for an
5-15     attorney representing the state is the state fiscal year.  The
5-16     audit shall be completed on a form provided by the Criminal Justice
5-17     Division of the Governor's Office.  Certified copies of the audit
5-18     shall be delivered by the law enforcement agency or attorney
5-19     representing the state to the Criminal Justice Division of the
5-20     Governor's Office not later than 30th day after the date on which
5-21     the annual period that is the subject of the audit ends.]
5-22           [(h)  As a specific exception to the requirement of
5-23     Subdivisions (1)-(3) of Subsection (c) of this article that the
5-24     funds described by those subdivisions be used only for the official
5-25     purposes of the attorney representing the state or for law
5-26     enforcement purposes, on agreement between the attorney
5-27     representing the state or the head of a law enforcement agency and
 6-1     the governing body of a political subdivision, the attorney
 6-2     representing the state or the head of the law enforcement agency
 6-3     shall comply with the request of the governing body to deposit not
 6-4     more than a total of 10 percent of the gross amount credited to the
 6-5     attorney's or agency's fund into the treasury of the political
 6-6     subdivision.  The governing body of the political subdivision
 6-7     shall, by ordinance, order, or resolution, use funds received under
 6-8     this subsection for:]
 6-9                 [(1)  nonprofit programs for the prevention of drug
6-10     abuse;]
6-11                 [(2)  nonprofit chemical dependency treatment
6-12     facilities licensed under Chapter 464, Health and Safety Code; or]
6-13                 [(3)  nonprofit drug and alcohol rehabilitation or
6-14     prevention programs administered or staffed by professionals
6-15     designated as qualified and credentialed by the Texas Commission on
6-16     Alcohol and Drug Abuse.  The governing body of a political
6-17     subdivision may not use funds received under this subchapter for
6-18     programs or facilities listed under Subdivisions (1)-(3) of this
6-19     subsection if an officer of or member of the Board of Directors of
6-20     the entity providing the program or facility is related to a member
6-21     of the governing body, the attorney representing the state, or the
6-22     head of the law enforcement agency within the third degree by
6-23     consanguinity or the second degree by affinity.  As a specific
6-24     exception to Subdivision (4) of Subsection (c) of this article, the
6-25     director of a state law enforcement agency may use not more than 10
6-26     percent of the amount credited to the special fund of the agency
6-27     under that subdivision for the prevention of drug abuse and the
 7-1     treatment of persons with drug-related problems.]
 7-2           (f) [(i)]  The attorney representing [for] the state shall
 7-3     transfer all forfeited property that is income from, or acquired
 7-4     with the income from, a movie, book, magazine article, tape
 7-5     recording, phonographic record, radio or television presentation,
 7-6     or live entertainment in which a crime is reenacted to the attorney
 7-7     general.  The attorney general shall deposit the money or proceeds
 7-8     from the sale of the property into an escrow account.  The money in
 7-9     the account is available to satisfy a judgment against the person
7-10     who committed the crime in favor of a victim of the crime if the
7-11     judgment is for damages incurred by the victim caused by the
7-12     commission of the crime.  The attorney general shall transfer the
7-13     money in the account that has not been ordered paid to a victim in
7-14     satisfaction of a judgment to the compensation to victims of crime
7-15     fund on the fifth anniversary of the date the account was
7-16     established.  In this subsection, "victim" has the meaning assigned
7-17     by Article 56.32.
7-18           [(j)  A law enforcement agency that, or an attorney
7-19     representing the state who, does not receive proceeds or property
7-20     under this chapter during an annual period as described by
7-21     Subsection (g) shall, not later than the 30th day after the date on
7-22     which the annual period ends, report to the Criminal Justice
7-23     Division of the Governor's Office that the agency or attorney, as
7-24     appropriate, did not receive proceeds or property under this
7-25     chapter during the annual period.]
7-26           [(k)  As a specific exception to Subdivisions (1)-(3) of
7-27     Subsection (c), a law enforcement agency or attorney representing
 8-1     the state may use proceeds received under this chapter to contract
 8-2     with a person or entity to prepare an audit as required by
 8-3     Subsection (g).]
 8-4           SECTION 2.  The change in law made by this Act applies only
 8-5     to the disposition of property forfeited on or after the effective
 8-6     date of this Act and proceeds from the sale of property forfeited
 8-7     on or after that date.  Property forfeited before the effective
 8-8     date of this Act and proceeds from the sale of that property are
 8-9     covered by the law in effect when the property was forfeited, and
8-10     the former law is continued in effect for that purpose.
8-11           SECTION 3.  This Act takes effect September 1, 1999.
8-12           SECTION 4.  The importance of this legislation and the
8-13     crowded condition of the calendars in both houses create an
8-14     emergency and an imperative public necessity that the
8-15     constitutional rule requiring bills to be read on three several
8-16     days in each house be suspended, and this rule is hereby suspended.