Amend SB 563 by striking SECTION 2 of the bill and
substituting the following:
      SECTION 2. Article 59.03, Code of Criminal Procedure, is
amended by adding Subsection (d) to read as follows:
      (d)  A person in the possession of property at the time a
peace officer seizes the property under this chapter may at the
time of seizure assert the person's interest in or right to the
property.  A peace officer who seizes property under this chapter
may not at the time of seizure request, require, or in any manner
induce any person, including a person who asserts an interest in or
right to  the property seized, to execute a document purporting to
waive the person's interest in or rights to the property.
      SECTION 3. Article 59.06(g), Code of Criminal Procedure, is
amended to read as follows:
      (g)(1)  All law enforcement agencies and attorneys
representing the state who receive proceeds or property under this
chapter shall account for the seizure, forfeiture, receipt, and
specific expenditure of all such proceeds and property in an audit,
which is to be performed annually by the commissioners court or
governing body of a municipality, as appropriate.  The annual
period of the audit for a law enforcement agency is the fiscal year
of the appropriate county or municipality and the annual period for
an attorney representing the state is the state fiscal year.  The
audit shall be completed on a form provided by the attorney
general.  Certified copies of the audit shall be delivered by the
law enforcement agency or attorney representing the state to the
comptroller's office and the attorney general not later than the
30th day after the date on which the annual period that is the
subject of the audit ends.
            (2)  If a copy of the audit is not delivered to the
attorney general within the period required by Subdivision (1),
within five days after the end of the period the attorney general
shall notify the law enforcement agency or the attorney
representing the state of that fact.  On a showing of good cause,
the attorney general may grant an extension permitting the agency
or attorney to deliver a copy of the audit after the period
required by Subdivision (1) and before the 46th day after the date
on which the annual period that is the subject of the audit ends.
If the law enforcement agency or the attorney representing the
state fails to establish good cause for not delivering the copy of
the audit within the period required by Subdivision (1) or fails to
deliver a copy of an audit within the extension period, the
attorney general shall notify the comptroller of public accounts of
that fact.  On notice under this subdivision, the comptroller shall
perform the audit otherwise required by Subdivision (1).  At the
conclusion of the audit, the comptroller shall forward a copy of
the audit to the attorney general.  The law enforcement agency or
attorney representing the state is liable to the comptroller for
the costs of the comptroller in performing the audit.
      SECTION 4. Section 96.641, Education Code, is amended by
adding Subsection (j) to read as follows:
      (j)  As part of the initial training and continuing education
for police chiefs required under this section, the institute shall
establish a program on asset forfeiture under Chapter 59, Code of
Criminal Procedure.  The program must include an examination of the
best practices for educating peace officers about asset forfeiture
and monitoring peace officers' compliance with laws relating to
asset forfeiture.
      SECTION 5.  Section 1701.253, Occupations Code, is amended by
adding Subsection (e) to read as follows:
      (e)  As part of the minimum curriculum requirements, the
commission shall establish a statewide comprehensive education and
training program on asset forfeiture under Chapter 59, Code of
Criminal Procedure, for officers licensed under this chapter.  An
officer shall complete a program established under this subsection
not later than the second anniversary of the date the officer is
licensed under this chapter or the date the officer applies for an
intermediate proficiency certificate, whichever date is earlier.
      SECTION 6.  Section 1701.402, Occupations Code, is amended by
adding Subsection (d) to read as follows:
      (d)  As a requirement for an intermediate proficiency
certificate, an officer must complete an education and training
program on asset forfeiture established by the commission under
Section 1701.253(e).
      SECTION 7.  The change in law made by this Act to Article
59.03, Code of Criminal Procedure, applies only to a seizure of
property that occurs on or after the effective date of this Act.
For a seizure that occurs before the effective date of this Act,
the law in effect when the seizure occurred covers the proceeding,
and the former law is continued in effect for that purpose.
      SECTION 8. Article 59.06(g), Code of Criminal Procedure, as
amended by this Act, applies to the first audit required to be
performed by a commissioners court or governing body on or after
the effective date of this Act.
      SECTION 9.  Not later than January 1, 2002:
            (1)  the Commission on Law Enforcement Officer
Standards and Education shall establish an education and training
program on asset forfeiture as required by Section 1701.253(e),
Occupations Code, as added by this Act; and
            (2)  the Bill Blackwood Law Enforcement Management
Institute of Texas shall establish a program on asset forfeiture as
required by Section 96.641(j), Education Code, as added by this
Act.
      SECTION 10.  A person who on the effective date of this Act
holds an intermediate proficiency certificate issued by the
Commission on Law Enforcement Officer Standards and Education or
has held a peace officer license issued by the Commission on Law
Enforcement Officer Standards and Education for at least two years
shall complete an education and training program on asset
forfeiture established under Section 1701.253(e), Occupations Code,
as added by this Act, not later than September 1, 2002.
      SECTION 11.  An individual appointed or elected as a police
chief before the effective date of this Act shall complete a
program on asset forfeiture established under Section 96.641(j),
Education Code, as added by this Act, not later than September 1,
2002.
      SECTION 12.  Article 59.02(h), Code of Criminal Procedure, as
added by this Act, applies to all property subject to Chapter 59,
Code of Criminal Procedure, for which a final judgment has not been
entered before the effective date of this Act.
      SECTION 13.  This Act takes effect September 1, 2001.