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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of proceeds and property from criminal |
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asset forfeiture. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 59.06, Code of Criminal Procedure, is |
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amended by amending Subsections (c) and (c-1) and adding |
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Subsections (d-3) and (d-4) to read as follows: |
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(c) If a local agreement exists between the attorney |
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representing the state and law enforcement agencies, all money, |
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securities, negotiable instruments, stocks or bonds, or things of |
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value, or proceeds from the sale of those items, shall be deposited, |
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after the deduction of court costs to which a district court clerk |
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is entitled under Article 59.05(f), according to the terms of the |
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agreement into one or more of the following funds: |
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(1) a special fund in the county treasury for the |
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benefit of the office of the attorney representing the state, to be |
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used by the attorney solely for the official purposes of his office; |
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(2) a special fund in the municipal treasury if |
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distributed to a municipal law enforcement agency, to be used |
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solely for law enforcement purposes[, such as salaries and overtime
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pay for officers, officer training, specialized investigative
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equipment and supplies, and items used by officers in direct law
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enforcement duties]; |
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(3) a special fund in the county treasury if |
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distributed to a county law enforcement agency, to be used solely |
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for law enforcement purposes; or |
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(4) a special fund in the state law enforcement agency |
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if distributed to a state law enforcement agency, to be used solely |
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for law enforcement purposes. |
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(c-1) Notwithstanding Subsection (a), the attorney |
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representing the state and special rangers of the Texas and |
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Southwestern Cattle Raisers Association who meet the requirements |
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of Article 2.125 may enter into a local agreement that allows the |
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attorney representing the state to transfer proceeds from the sale |
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of forfeited property described by Subsection (c), after the |
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deduction of court costs as described by that subsection, to a |
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special fund established for the special rangers. Proceeds |
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transferred under this subsection must be used by the special |
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rangers solely for law enforcement purposes[, such as training,
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essential equipment, and operating expenses]. Any expenditures of |
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the proceeds are subject to the audit provisions established under |
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this article. |
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(d-3) Except as otherwise provided by this article, an |
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expenditure of proceeds or property received under this chapter is |
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considered to be for a law enforcement purpose if the expenditure is |
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made for an activity of a law enforcement agency that relates to the |
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criminal and civil enforcement of the laws of this state, including |
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an expenditure made for: |
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(1) salary and overtime of employees; |
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(2) equipment, including vehicles, computers, |
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firearms, protective body armor, furniture, software, uniforms, |
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and maintenance equipment; |
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(3) supplies, including office supplies, mobile phone |
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and data account fees for employees, and Internet services; |
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(4) investigative and training-related travel |
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expenses, including payment for hotel rooms, airfare, meals, rental |
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of and fuel for a motor vehicle, and parking; |
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(5) conferences and training expenses, including fees |
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and materials; |
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(6) investigative costs, including payments to |
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informants and lab expenses; |
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(7) crime prevention and treatment programs; |
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(8) facility costs, including building purchase, |
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lease payments, remodeling and renovating, maintenance, and |
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utilities; |
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(9) witness-related costs, including travel and |
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security; and |
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(10) audit costs and fees, including audit preparation |
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and professional fees. |
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(d-4) Except as otherwise provided by this article, an |
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expenditure of proceeds or property received under this chapter is |
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considered to be for an official purpose of an attorney's office if |
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the expenditure is made for an activity of an attorney or office of |
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an attorney representing the state that relates to the |
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preservation, enforcement, or administration of the laws of this |
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state, including an expenditure made for: |
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(1) salary and overtime of employees; |
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(2) equipment, including vehicles, computers, visual |
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aid equipment for litigation, firearms, body armor, furniture, |
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software, and uniforms; |
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(3) supplies, including office supplies, legal |
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library supplies and access fees, mobile phone and data account |
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fees for employees, and Internet services; |
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(4) prosecution and training-related travel expenses, |
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including payment for hotel rooms, airfare, meals, rental of and |
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fuel for a motor vehicle, and parking; |
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(5) conferences and training expenses, including fees |
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and materials; |
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(6) investigative costs, including payments to |
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informants and lab expenses; |
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(7) crime prevention and treatment programs; |
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(8) facility costs, including building purchase, |
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lease payments, remodeling and renovating, maintenance, and |
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utilities; |
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(9) legal fees, including court costs, witness fees |
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and related costs, including travel and security, audit costs, and |
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professional fees; and |
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(10) state bar and legal association dues. |
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SECTION 2. The changes in law made by this Act apply to the |
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disposition or use, on or after the effective date of this Act, of |
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proceeds or property received by a law enforcement agency or |
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attorney representing the state under Chapter 59, Code of Criminal |
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Procedure, regardless of whether the receipt of the proceeds or |
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property occurred before, on, or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2013. |