Texas 2013 - 83rd Regular

Texas House Bill HB1849 Compare Versions

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Old	New	Differences
1	1	By: Carter H.B. No. 1849
2	2	Substitute the following for H.B. No. 1849:
3	3	By: Herrero C.S.H.B. No. 1849
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the disposition of proceeds and property from criminal
9	9	asset forfeiture.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 59.06, Code of Criminal Procedure, is
12	12	amended by amending Subsections (c) and (c-1) and adding
13	13	Subsections (d-3) and (d-4) to read as follows:
14	14	(c) If a local agreement exists between the attorney
15	15	representing the state and law enforcement agencies, all money,
16	16	securities, negotiable instruments, stocks or bonds, or things of
17	17	value, or proceeds from the sale of those items, shall be deposited,
18	18	after the deduction of court costs to which a district court clerk
19	19	is entitled under Article 59.05(f), according to the terms of the
20	20	agreement into one or more of the following funds:
21	21	(1) a special fund in the county treasury for the
22	22	benefit of the office of the attorney representing the state, to be
23	23	used by the attorney solely for the official purposes of his office;
24	24	(2) a special fund in the municipal treasury if
25	25	distributed to a municipal law enforcement agency, to be used
26	26	solely for law enforcement purposes[, such as salaries and overtime
27	27	pay for officers, officer training, specialized investigative
28	28	equipment and supplies, and items used by officers in direct law
29	29	enforcement duties];
30	30	(3) a special fund in the county treasury if
31	31	distributed to a county law enforcement agency, to be used solely
32	32	for law enforcement purposes; or
33	33	(4) a special fund in the state law enforcement agency
34	34	if distributed to a state law enforcement agency, to be used solely
35	35	for law enforcement purposes.
36	36	(c-1) Notwithstanding Subsection (a), the attorney
37	37	representing the state and special rangers of the Texas and
38	38	Southwestern Cattle Raisers Association who meet the requirements
39	39	of Article 2.125 may enter into a local agreement that allows the
40	40	attorney representing the state to transfer proceeds from the sale
41	41	of forfeited property described by Subsection (c), after the
42	42	deduction of court costs as described by that subsection, to a
43	43	special fund established for the special rangers. Proceeds
44	44	transferred under this subsection must be used by the special
45	45	rangers solely for law enforcement purposes[, such as training,
46	46	essential equipment, and operating expenses]. Any expenditures of
47	47	the proceeds are subject to the audit provisions established under
48	48	this article.
49	49	(d-3) Except as otherwise provided by this article, an
50	50	expenditure of proceeds or property received under this chapter is
51	51	considered to be for a law enforcement purpose if the expenditure is
52	52	made for an activity of a law enforcement agency that relates to the
53	53	criminal and civil enforcement of the laws of this state, including
54	54	an expenditure made for:
55	55	(1) salary and overtime of employees;
56	56	(2) equipment, including vehicles, computers,
57	57	firearms, protective body armor, furniture, software, uniforms,
58	58	and maintenance equipment;
59	59	(3) supplies, including office supplies, mobile phone
60	60	and data account fees for employees, and Internet services;
61	61	(4) investigative and training-related travel
62	62	expenses, including payment for hotel rooms, airfare, meals, rental
63	63	of and fuel for a motor vehicle, and parking;
64	64	(5) conferences and training expenses, including fees
65	65	and materials;
66	66	(6) investigative costs, including payments to
67	67	informants and lab expenses;
68	68	(7) crime prevention and treatment programs;
69	69	(8) facility costs, including building purchase,
70	70	lease payments, remodeling and renovating, maintenance, and
71	71	utilities;
72	72	(9) witness-related costs, including travel and
73	73	security; and
74	74	(10) audit costs and fees, including audit preparation
75	75	and professional fees.
76	76	(d-4) Except as otherwise provided by this article, an
77	77	expenditure of proceeds or property received under this chapter is
78	78	considered to be for an official purpose of an attorney's office if
79	79	the expenditure is made for an activity of an attorney or office of
80	80	an attorney representing the state that relates to the
81	81	preservation, enforcement, or administration of the laws of this
82	82	state, including an expenditure made for:
83	83	(1) salary and overtime of employees;
84	84	(2) equipment, including vehicles, computers, visual
85	85	aid equipment for litigation, firearms, body armor, furniture,
86	86	software, and uniforms;
87	87	(3) supplies, including office supplies, legal
88	88	library supplies and access fees, mobile phone and data account
89	89	fees for employees, and Internet services;
90	90	(4) prosecution and training-related travel expenses,
91	91	including payment for hotel rooms, airfare, meals, rental of and
92	92	fuel for a motor vehicle, and parking;
93	93	(5) conferences and training expenses, including fees
94	94	and materials;
95	95	(6) investigative costs, including payments to
96	96	informants and lab expenses;
97	97	(7) crime prevention and treatment programs;
98	98	(8) facility costs, including building purchase,
99	99	lease payments, remodeling and renovating, maintenance, and
100	100	utilities;
101	101	(9) legal fees, including court costs, witness fees
102	102	and related costs, including travel and security, audit costs, and
103	103	professional fees; and
104	104	(10) state bar and legal association dues.
105	105	SECTION 2. The changes in law made by this Act apply to the
106	106	disposition or use, on or after the effective date of this Act, of
107	107	proceeds or property received by a law enforcement agency or
108	108	attorney representing the state under Chapter 59, Code of Criminal
109	109	Procedure, regardless of whether the receipt of the proceeds or
110	110	property occurred before, on, or after the effective date of this
111	111	Act.
112	112	SECTION 3. This Act takes effect September 1, 2013.