SRC-BWC C.S.S.B. 251 77(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 251
77R7949 GWK-FBy: Harris
Criminal Justice
3/8/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, law enforcement agencies are allowed to spend proceeds from
forfeited property on law enforcement purposes only.  Law enforcement
agencies are required to submit a budget to the court or governing body.
Some agencies have made purchases that are not for law enforcement
purposes. C.S.S.B. 251 requires the budget to be submitted to the
commissioners court or governing body of the municipality, and address the
purchase of liability and casualty insurance and the usage of firearms by
county law enforcement agencies. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 59.06(d), Code of Criminal Procedure, by
authorizing proceeds awarded under this chapter to a law enforcement agency
or to the attorney representing the state to be spent after a budget for
the expenditure of the proceeds has been submitted to the commissioners
court or governing body of the municipality.  Requires a county law
enforcement agency to which a motor vehicle or real property is forfeited
under this chapter or that uses proceeds received under this chapter to
purchase a motor vehicle or real property to purchase, with proceeds
received under this chapter, certain liability or casualty insurance.
Prohibits a county law enforcement agency, to which a firearm or explosive
device is forfeited or that uses proceeds received under this chapter to
purchase a firearm or explosive device, from using the firearm or explosive
device until the agency receives formal approval for the use from the
commissioners court. 

SECTION 2.  Effective date:  September 1, 2001.
                       Makes application of this Act prospective.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Deletes "and approved by" which was proposed new language in
the As Filed version when referring to the commissioners court or governing
body actions regarding the budget for the expenditure of forfeiture
proceeds.  Restores previously deleted text from the As Filed version
regarding the usage of an award.  Adds text regarding the purchase of
insurance and the usage of firearms.   

SECTION 2.  Adds the word "property" and replaces the word "distributed"
from the As Filed version with "forfeited."