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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of proceeds received from criminal asset |
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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(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) Proceeds awarded under this chapter to a law enforcement |
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agency or to the attorney representing the state may be spent by the |
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agency or the attorney after a budget for the expenditure of the |
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proceeds has been submitted to and approved by the commissioners |
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court or governing body of the municipality. The law enforcement |
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agency or attorney representing the state may spend proceeds |
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awarded under this chapter only as proposed in the approved budget. |
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The budget must be detailed and clearly list and define the |
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categories of expenditures, but may not list details that would |
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endanger the security of an investigation or |
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prosecution. Expenditures are subject to the audit and |
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enforcement provisions established under this chapter. A |
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commissioners court or governing body of a municipality may not use |
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the existence of an award to offset or decrease total salaries, |
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expenses, and allowances that the agency or the attorney receives |
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from the commissioners court or governing body at or after the time |
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the proceeds are awarded. |
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SECTION 2. Article 59.06(g), Code of Criminal Procedure, is |
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amended by adding Subdivision (4) to read as follows: |
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(4) The audit prepared under this subsection is |
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subject to disclosure under Chapter 552, Government Code. |
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SECTION 3. The change in law made by this Act to Article |
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59.06(d), Code of Criminal Procedure, applies only to the use of |
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proceeds received by a law enforcement agency or attorney |
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representing the state under Chapter 59, Code of Criminal |
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Procedure, on or after the effective date of this Act. Proceeds |
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received by a law enforcement agency or attorney representing the |
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state under Chapter 59, Code of Criminal Procedure, before the |
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effective date of this Act are governed by the law in effect on the |
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date the proceeds were received, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |