Bill Text: TX HB1849 | 2013-2014 | 83rd Legislature | Comm Sub

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Bill Title: Relating to the disposition of proceeds and property from criminal asset forfeiture.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-05-08 - Laid on the table subject to call [HB1849 Detail]

Download: Texas-2013-HB1849-Comm_Sub.html

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By: Carter H.B. No. 1849
Substitute the following for H.B. No. 1849:
By: Herrero C.S.H.B. No. 1849

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) 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.
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.