By Lewis of Tarrant H.B. No. 676
77R1509 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to expenditure by law enforcement agencies and prosecutors
1-3 of the proceeds of criminal asset forfeiture.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 59.06(d), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (d) Proceeds awarded under this chapter to a law enforcement
1-8 agency or to the attorney representing the state may be spent by
1-9 the agency or the attorney after a budget for the expenditure of
1-10 the proceeds has been submitted to and approved by the
1-11 commissioners court or governing body of the municipality. The
1-12 budget must be detailed and clearly list and define the categories
1-13 of expenditures, but may not list details that would endanger the
1-14 security of an investigation or prosecution. Expenditures are
1-15 subject to audit provisions established under this article. A
1-16 commissioners court or governing body of a municipality may not use
1-17 the existence of an award to offset or decrease total salaries,
1-18 expenses, and allowances that the agency or the attorney receives
1-19 from the commissioners court or governing body at or after the time
1-20 the proceeds are awarded. [The head of the agency or attorney
1-21 representing the state may not use the existence of an award to
1-22 increase a salary, expense, or allowance for an employee of the
1-23 attorney or agency who is budgeted by the commissioners court or
1-24 governing body unless the commissioners court or governing body
2-1 first approves the expenditure.]
2-2 SECTION 2. This Act takes effect September 1, 2001, and
2-3 applies only to proceeds distributed to a law enforcement agency or
2-4 attorney representing the state on or after that date. Proceeds
2-5 distributed to a law enforcement agency or attorney representing
2-6 the state before September 1, 2001, are covered by the law in
2-7 effect at the time of distribution, and the former law is continued
2-8 in effect for this purpose.