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.