By: Harris, Moncrief S.B. No. 251 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the forfeiture of proceeds and certain property to a 1-3 county law enforcement agency under criminal asset forfeiture laws. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subsection (d), Article 59.06, Code of Criminal 1-6 Procedure, is amended to read as follows: 1-7 (d)(1) Proceeds awarded under this chapter to a law 1-8 enforcement agency or to the attorney representing the state may be 1-9 spent by the agency or the attorney after a budget for the 1-10 expenditure of the proceeds has been submitted to the commissioners 1-11 court or governing body of the municipality. The budget must be 1-12 detailed and clearly list and define the categories of 1-13 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 1-25 first approves the expenditure. 2-1 (2) A county law enforcement agency to which a motor 2-2 vehicle, excluding standard patrol vehicles, or real property is 2-3 forfeited under this chapter or that uses proceeds received under 2-4 this chapter to purchase a motor vehicle or real property shall 2-5 purchase, unless waived by the commissioners court, with proceeds 2-6 received under this chapter, liability or casualty insurance that: 2-7 (A) is in an amount equal to or greater than 2-8 tort claim limits for motor vehicles or real property, as 2-9 appropriate; and 2-10 (B) protects both the law enforcement agency and 2-11 the county from liability arising from the use of the motor vehicle 2-12 or real property. 2-13 (3) A county law enforcement agency to which a firearm 2-14 or explosive device is forfeited under this chapter or that uses 2-15 proceeds received under this chapter to purchase a firearm or 2-16 explosive device may not use the firearm or explosive device until 2-17 the agency receives formal approval for the use from the 2-18 commissioners court. 2-19 SECTION 2. This Act takes effect September 1, 2001, and 2-20 applies only to property or proceeds forfeited to a county law 2-21 enforcement agency on or after that date. Property or proceeds 2-22 forfeited to a county law enforcement agency before September 1, 2-23 2001, are covered by the law in effect when the forfeiture 2-24 occurred, and the former law is continued in effect for that 2-25 purpose.