84R9997 MEW-D
 
  By: Villalba H.B. No. 2116
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the expenditure of proceeds or property received 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 (d-3) and (d-4) and adding
  Subsections (d-5) and (g-1) to read as follows:
         (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; and
               (10)  public awareness and education programs and
  services.
         (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; and
               (10)  public awareness and education programs and
  services.
         (d-5)  A law enforcement agency or attorney representing the
  state may expend proceeds or property received under this chapter
  only as described by Subsections (d-2), (d-3), and (d-4).  Unless
  otherwise authorized under this chapter, proceeds or property
  received under this chapter may not be used for the direct or
  indirect benefit of any person.
         (g-1)  Not later than the 10th day after the last day of each
  quarter of the fiscal year, all law enforcement agencies and
  attorneys representing the state who receive proceeds or property
  under this chapter shall publish a report detailing all
  expenditures made during the preceding quarter from the proceeds or
  property. Each law enforcement agency and attorney representing the
  state shall make the report available to the public on the agency's
  or attorney's Internet website, as applicable. 
         SECTION 2.  The changes in law made by this Act to Articles
  59.06(d-3) and (d-4), Code of Criminal Procedure, apply only to the
  expenditure of proceeds or property by a law enforcement agency or
  attorney representing the state on or after the effective date of
  this Act. The expenditure of proceeds or property by a law
  enforcement agency or attorney representing the state before the
  effective date of this Act is governed by the law in effect on the
  date the expenditure was made, and the former law is continued in
  effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2015.