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.