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SECTION 1. Article 59.06,
Code of Criminal Procedure, is amended by amending Subsections (c), (c-1),
and (g) and adding Subsections (d-3) and (d-4) to read as follows:
(c) If a local agreement
exists between the attorney representing the state and law enforcement
agencies, all money, securities, negotiable instruments, stocks or bonds,
or things of value, or proceeds from the sale of those items, shall be
deposited, after the deduction of court costs to which a district court
clerk is entitled under Article 59.05(f), according to the terms of the
agreement into one or more of the following funds:
(1) a special fund in the
county treasury for the benefit of the office of the attorney representing
the state, to be used by the attorney solely for the official purposes of
his office;
(2) a special fund in the
municipal treasury if distributed to a municipal law enforcement agency, to
be used solely for law enforcement purposes[, such as salaries and
overtime pay for officers, officer training, specialized investigative
equipment and supplies, and items used by officers in direct law
enforcement duties];
(3) a special fund in the
county treasury if distributed to a county law enforcement agency, to be
used solely for law enforcement purposes; or
(4) a special fund in the
state law enforcement agency if distributed to a state law enforcement
agency, to be used solely for law enforcement purposes.
(c-1) Notwithstanding
Subsection (a), the attorney representing the state and special rangers of
the Texas and Southwestern Cattle Raisers Association who meet the
requirements of Article 2.125 may enter into a local agreement that allows
the attorney representing the state to transfer proceeds from the sale of
forfeited property described by Subsection (c), after the deduction of
court costs as described by that subsection, to a special fund established
for the special rangers. Proceeds transferred under this subsection must
be used by the special rangers solely for law enforcement purposes[,
such as training, essential equipment, and operating expenses]. Any
expenditures of the proceeds are subject to the audit provisions
established under this article.
(d-3) Except as otherwise
provided by this article, an expenditure of proceeds or property received
under this chapter is considered to be for a law enforcement purpose if the
expenditure is made for an activity of a law enforcement agency that relates
to the criminal and civil enforcement of the laws of this state, including
an expenditure made for:
(1) salary and overtime
of employees;
(2) equipment, including
vehicles, computers, firearms, protective body armor, furniture, software,
uniforms, and maintenance equipment;
(3) supplies, including
office supplies, mobile phone and data account fees for employees, and
Internet services;
(4) investigative and
training-related travel expenses, including payment for hotel rooms,
airfare, meals, rental of and fuel for a motor vehicle, and parking;
(5) conferences and
training expenses, including fees and materials;
(6) investigative costs,
including payments to informants and lab expenses;
(7) crime prevention and
treatment programs;
(8) facility costs,
including building purchase, lease payments, remodeling and renovating,
maintenance, and utilities;
(9) witness-related
costs, including travel and security; and
(10) audit costs and
fees, including audit preparation and professional fees.
(d-4) Except as otherwise
provided by this article, an expenditure of proceeds or property received
under this chapter is considered to be for an official purpose of an
attorney's office if the expenditure is made for an activity of an attorney
representing the state that relates to the criminal
and civil enforcement of the laws of this state, including an
expenditure made for:
(1) salary and overtime
of employees;
(2) equipment, including
vehicles, computers, visual aid equipment for litigation, firearms, body
armor, furniture, software, and uniforms;
(3) supplies, including
office supplies, legal library supplies and access fees, mobile phone and
data account fees for employees, and Internet services;
(4) prosecution and
training-related travel expenses, including payment for hotel rooms,
airfare, meals, rental of and fuel for a motor vehicle, and parking;
(5) conferences and
training expenses, including fees and materials;
(6) investigative costs,
including payments to informants and lab expenses;
(7) crime prevention and
treatment programs;
(8) facility costs,
including building purchase, lease payments, remodeling and renovating,
maintenance, and utilities; and
(9) legal fees, including
court costs, witness fees, and audit costs and fees.
(g)(1) All law enforcement
agencies and attorneys representing the state who receive proceeds or
property under this chapter shall account for the seizure, forfeiture,
receipt, and specific expenditure of all the proceeds and property in an
audit, which is to be performed annually by the auditor of the law
enforcement agency, the political subdivision of the state, or the attorney
representing the state [commissioners court or governing body of a
municipality], as appropriate, or an accounting professional under contract
for the purpose of complying with this subdivision. The annual period
of the audit for a law enforcement agency is the fiscal year of the
appropriate county or municipality and the annual period for an attorney
representing the state is the state fiscal year. The attorney general
may adopt a secure process for electronically completing, verifying, and
submitting an audit report under this subdivision. The secure process
adopted under this subdivision may require digital signatures or unique
login protocols. The audit must be completed on an audit reporting
[a] form provided by the attorney general and available on the
attorney general's Internet website or completed electronically according
to the protocols adopted by the attorney general and must include a
detailed list [report] and explanation of all expenditures,
including salaries and overtime pay, officer training, investigative
equipment and supplies, and other items. The completed audit report
must be certified by the auditor or accounting professional and the head of
the law enforcement agency, political subdivision, or attorney representing
the state in a manner specified by the attorney general to show that the
information provided is correct. Certified copies of the audit report
shall be delivered or electronically submitted by the law
enforcement agency or attorney representing the state to the attorney
general not later than the 60th day after the date on which the annual
period that is the subject of the audit ends.
(2) If a copy of the audit report
is not delivered or electronically submitted to the attorney general
within the period required by Subdivision (1), within five days after the
end of the period the attorney general shall notify the law enforcement
agency or the attorney representing the state of that fact. On a showing
of good cause, the attorney general may grant an extension permitting the
agency or attorney to deliver or electronically submit a copy of the
audit report after the period required by Subdivision (1) and before
the 76th day after the date on which the annual period that is the subject
of the audit ends. If the law enforcement agency or the attorney
representing the state fails to establish good cause for not delivering or
electronically submitting the copy of the audit report within
the period required by Subdivision (1) or fails to deliver or
electronically submit a copy of an audit report within the
extension period, the attorney general shall notify the comptroller of that
fact.
(3) On notice under Subdivision
(2), the comptroller shall perform the audit otherwise required by
Subdivision (1). At the conclusion of the audit, the comptroller shall
forward or electronically submit a copy of the audit report
to the attorney general. The law enforcement agency or attorney
representing the state is liable to the comptroller for the costs of the
comptroller in performing the audit.
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SECTION 1. Article 59.06,
Code of Criminal Procedure, is amended by amending Subsections (c) and
(c-1) and adding Subsections (d-3) and (d-4) to read as follows:
(c) If a local agreement
exists between the attorney representing the state and law enforcement
agencies, all money, securities, negotiable instruments, stocks or bonds,
or things of value, or proceeds from the sale of those items, shall be
deposited, after the deduction of court costs to which a district court
clerk is entitled under Article 59.05(f), according to the terms of the
agreement into one or more of the following funds:
(1) a special fund in the
county treasury for the benefit of the office of the attorney representing
the state, to be used by the attorney solely for the official purposes of
his office;
(2) a special fund in the
municipal treasury if distributed to a municipal law enforcement agency, to
be used solely for law enforcement purposes[, such as salaries and
overtime pay for officers, officer training, specialized investigative
equipment and supplies, and items used by officers in direct law
enforcement duties];
(3) a special fund in the
county treasury if distributed to a county law enforcement agency, to be
used solely for law enforcement purposes; or
(4) a special fund in the
state law enforcement agency if distributed to a state law enforcement
agency, to be used solely for law enforcement purposes.
(c-1) Notwithstanding
Subsection (a), the attorney representing the state and special rangers of
the Texas and Southwestern Cattle Raisers Association who meet the
requirements of Article 2.125 may enter into a local agreement that allows
the attorney representing the state to transfer proceeds from the sale of
forfeited property described by Subsection (c), after the deduction of
court costs as described by that subsection, to a special fund established
for the special rangers. Proceeds transferred under this subsection must
be used by the special rangers solely for law enforcement purposes[,
such as training, essential equipment, and operating expenses]. Any
expenditures of the proceeds are subject to the audit provisions
established under this article.
(d-3) Except as otherwise
provided by this article, an expenditure of proceeds or property received
under this chapter is considered to be for a law enforcement purpose if the
expenditure is made for an activity of a law enforcement agency that relates
to the criminal and civil enforcement of the laws of this state, including
an expenditure made for:
(1) salary and overtime
of employees;
(2) equipment, including
vehicles, computers, firearms, protective body armor, furniture, software,
uniforms, and maintenance equipment;
(3) supplies, including
office supplies, mobile phone and data account fees for employees, and
Internet services;
(4) investigative and
training-related travel expenses, including payment for hotel rooms,
airfare, meals, rental of and fuel for a motor vehicle, and parking;
(5) conferences and
training expenses, including fees and materials;
(6) investigative costs,
including payments to informants and lab expenses;
(7) crime prevention and
treatment programs;
(8) facility costs,
including building purchase, lease payments, remodeling and renovating,
maintenance, and utilities;
(9) witness-related
costs, including travel and security; and
(10) audit costs and
fees, including audit preparation and professional fees.
(d-4) Except as otherwise
provided by this article, an expenditure of proceeds or property received
under this chapter is considered to be for an official purpose of an
attorney's office if the expenditure is made for an activity of an attorney
or office of an attorney representing
the state that relates to the preservation,
enforcement, or administration of the laws of this state, including
an expenditure made for:
(1) salary and overtime
of employees;
(2) equipment, including
vehicles, computers, visual aid equipment for litigation, firearms, body
armor, furniture, software, and uniforms;
(3) supplies, including
office supplies, legal library supplies and access fees, mobile phone and
data account fees for employees, and Internet services;
(4) prosecution and
training-related travel expenses, including payment for hotel rooms,
airfare, meals, rental of and fuel for a motor vehicle, and parking;
(5) conferences and
training expenses, including fees and materials;
(6) investigative costs,
including payments to informants and lab expenses;
(7) crime prevention and
treatment programs;
(8) facility costs,
including building purchase, lease payments, remodeling and renovating,
maintenance, and utilities;
(9) legal fees, including
court costs, witness fees and related costs,
including travel and security, audit costs, and professional fees; and
(10) state bar and legal association dues.
No
equivalent provision.
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