1-1 By: Harris S.B. No. 251 1-2 (In the Senate - Filed January 16, 2001; January 17, 2001, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 March 12, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; March 12, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 251 By: West 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the forfeiture of proceeds and certain property to a 1-11 county law enforcement agency under criminal asset forfeiture laws. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subsection (d), Article 59.06, Code of Criminal 1-14 Procedure, is amended to read as follows: 1-15 (d)(1) Proceeds awarded under this chapter to a law 1-16 enforcement agency or to the attorney representing the state may be 1-17 spent by the agency or the attorney after a budget for the 1-18 expenditure of the proceeds has been submitted to the commissioners 1-19 court or governing body of the municipality. The budget must be 1-20 detailed and clearly list and define the categories of 1-21 expenditures, but may not list details that would endanger the 1-22 security of an investigation or prosecution. Expenditures are 1-23 subject to audit provisions established under this article. A 1-24 commissioners court or governing body of a municipality may not use 1-25 the existence of an award to offset or decrease total salaries, 1-26 expenses, and allowances that the agency or the attorney receives 1-27 from the commissioners court or governing body at or after the time 1-28 the proceeds are awarded. The head of the agency or attorney 1-29 representing the state may not use the existence of an award to 1-30 increase a salary, expense, or allowance for an employee of the 1-31 attorney or agency who is budgeted by the commissioners court or 1-32 governing body unless the commissioners court or governing body 1-33 first approves the expenditure. 1-34 (2) A county law enforcement agency to which a motor 1-35 vehicle or real property is forfeited under this chapter or that 1-36 uses proceeds received under this chapter to purchase a motor 1-37 vehicle or real property shall purchase, with proceeds received 1-38 under this chapter, liability or casualty insurance that: 1-39 (A) is in an amount equal to or greater than 1-40 tort claim limits for motor vehicles or real property, as 1-41 appropriate; and 1-42 (B) protects both the law enforcement agency and 1-43 the county from liability arising from the use of the motor vehicle 1-44 or real property. 1-45 (3) A county law enforcement agency to which a firearm 1-46 or explosive device is forfeited under this chapter or that uses 1-47 proceeds received under this chapter to purchase a firearm or 1-48 explosive device may not use the firearm or explosive device until 1-49 the agency receives formal approval for the use from the 1-50 commissioners court. 1-51 SECTION 2. This Act takes effect September 1, 2001, and 1-52 applies only to property or proceeds forfeited to a county law 1-53 enforcement agency on or after that date. Property or proceeds 1-54 forfeited to a county law enforcement agency before September 1, 1-55 2001, are covered by the law in effect when the forfeiture 1-56 occurred, and the former law is continued in effect for that 1-57 purpose. 1-58 * * * * *