78R8602 KEL-D

By:  Pena                                                         H.B. No. 2245



A BILL TO BE ENTITLED

AN ACT

relating to the use of proceeds from criminal asset forfeiture to 
fund certain activities sponsored or conducted by the Texas 
Commission on Alcohol and Drug Abuse.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 59.06, Code of Criminal Procedure, is 
amended by amending Subsections (i) and (j) and adding Subsection 
(p) to read as follows:
	(i)  The governing body of a political subdivision may not 
use funds received under this subchapter for programs or facilities 
listed under Subsection (h)(1), (h)(2), (h)(3), or (p) [Subsections 
(h)(1)-(3)] if an officer of or member of the Board of Directors of 
the entity providing the program or facility is related to a member 
of the governing body, the attorney representing the state, or the 
head of the law enforcement agency within the third degree by 
consanguinity or the second degree by affinity.
	(j)  As a specific exception to Subdivision (4) of Subsection 
(c) of this article, the director of a state law enforcement agency 
shall transfer at least [may use not more than] 10 percent of the 
amount credited to the special fund of the agency under that 
subdivision to the comptroller for deposit to the credit of the 
substance abuse [for the] prevention [of drug abuse] and [the] 
treatment account in the general revenue fund [of persons with 
drug-related problems].  The account may be used only to fund local 
or regional, interregional, or statewide activities sponsored or 
conducted by licensed providers of the Texas Commission on Alcohol 
and Drug Abuse.
	(p)  As a specific exception to the requirement of 
Subdivisions (1)-(3) of Subsection (c) that the funds described by 
those subdivisions be used only for the official purposes of the 
attorney representing the state or for law enforcement purposes, on 
agreement between the attorney representing the state or the head 
of a law enforcement agency and the governing body of a political 
subdivision, the attorney representing the state or the head of the 
law enforcement agency shall comply with the request of the 
governing body to deposit not more than a total of 10 percent of the 
gross amount credited to the attorney's or agency's fund into the 
treasury of the political subdivision.  The governing body of the 
political subdivision shall, by ordinance, order, or resolution, 
use funds received under this subsection for local activities 
sponsored or conducted by licensed providers of the Texas 
Commission on Alcohol and Drug Abuse.
	SECTION 2.  This Act takes effect September 1, 2003.