| TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB195 by Gonzalez Toureilles (Relating to the transfer of certain abandoned or forfeited property to county or municipal agencies.), As Engrossed |
The bill would amend the Code of Criminal Procedure to authorize a law enforcement agency to which abandoned or forfeited property has been transferred to transfer or loan the property to any other municipal or county agency for the use of that agency. If the property loaned is a motor vehicle, the municipal or county agency to which the vehicle is loaned would be responsible for all costs associated with use and repair. The agency borrowing the vehicle would also be liable to the loaning agency for any damages or reduction in value of the vehicle attributable to the receiving agency's use.
The Transportation Code would also be amended to authorize the transfer of an abandoned vehicle from a law enforcement agency to any municipal or county agency for that agency's use.
Under current statute, while a law enforcement agency may transfer forfeited or abandoned property to a municipal or county law enforcement agency, there is no provision for a law enforcement agency to loan the property. Additionally, under current statute, the transfer of property is to another law enforcement agency only.
If a law enforcement agency were to loan an abandoned vehicle to another agency, the loaning agency would experience a savings in maintenance expenses; however, the receiving agency would incur those costs. Costs would vary depending on the vehicle, its condition, and the amount of usage by the receiving agency.
No significant fiscal implication to units of local government is anticipated.
| Source Agencies: |
| LBB Staff: | JOB, ES, DB
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