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.
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