By: Patrick S.B. No. 878
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disposition of proceeds and property from criminal
  asset forfeiture.
         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 (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)  equipment, including vehicles, computers,
  firearms, protective body armor, furniture, software, uniforms,
  and maintenance equipment;
               (2)  supplies, including office supplies, mobile phone
  and data account fees for employees, and Internet services;
               (3)  investigative and training-related travel
  expenses, including payment for hotel rooms, airfare, meals, rental
  of and fuel for a motor vehicle, and parking;
               (4)  conferences and training expenses, including fees
  and materials;
               (5)  investigative costs, including payments to
  informants and lab expenses;
               (6)  crime prevention and treatment programs;
               (7)  facility costs, including building purchase,
  lease payments, remodeling and renovating, maintenance, and
  utilities;
               (8)  witness-related costs, including travel and
  security; and
               (9)  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)  equipment, including vehicles, computers, visual
  aid equipment for litigation, firearms, body armor, furniture,
  software, and uniforms;
               (2)  supplies, including office supplies, legal
  library supplies and access fees, mobile phone and data account
  fees for employees, and Internet services;
               (3)  prosecution and training-related travel expenses,
  including payment for hotel rooms, airfare, meals, rental of and
  fuel for a motor vehicle, and parking;
               (4)  conferences and training expenses, including fees
  and materials;
               (5)  investigative costs, including payments to
  informants and lab expenses;
               (6)  crime prevention and treatment programs;
               (7)  facility costs, including building purchase,
  lease payments, remodeling and renovating, maintenance, and
  utilities;
               (8)  legal fees, including court costs, witness fees,
  and related costs, including travel and security, audit costs, and
  professional fees; and
               (9)  state bar and legal association dues.
         SECTION 2.  The changes in law made by this Act apply to the
  disposition or use, on or after the effective date of this Act, of
  proceeds or property received by a law enforcement agency or
  attorney representing the state under Chapter 59, Code of Criminal
  Procedure, regardless of whether the receipt of the proceeds or
  property occurred before, on, or after the effective date of this
  Act.
         SECTION 3.  This Act takes effect September 1, 2013.