83R9803 JSC-F
By: N. Gonzalez of El Paso H.B. No. 3277
A BILL TO BE ENTITLED
AN ACT
relating to the reporting and disposition of proceeds and property
from criminal asset forfeiture; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 59, Code of Criminal Procedure, is
amended by adding Article 59.063 to read as follows:
Art. 59.063. UNIFORM REPORTING REQUIREMENT. (a) Not later
than the 90th day after the last day of the fiscal year for the
agency, a law enforcement agency engaged in the seizure,
forfeiture, receipt, or expenditure of proceeds and property
received under this chapter shall submit to the state auditor an
annual report covering the preceding fiscal year that includes:
(1) information on each seizure and forfeiture by the
agency, including:
(A) the date the proceeds or property was seized;
(B) the type of any property seized, including
the make, model, and serial number, as applicable;
(C) the nature of the underlying offense;
(D) the disposition of related criminal actions;
(E) the venue of the forfeiture proceeding;
(F) whether the owner of the proceeds or property
subject to forfeiture is represented by an attorney in the
forfeiture proceeding;
(G) the value of the proceeds or property;
(H) the gross amount received from the
forfeiture, the expenses deducted as part of the forfeiture
proceeding, and the net amount received from the forfeiture; and
(I) the disposition of the proceeds or property
following seizure and the date of that disposition; and
(2) the amount and purpose of each expenditure of
forfeiture proceeds by the law enforcement agency, including:
(A) gang and substance abuse prevention and
education;
(B) witness protection;
(C) court costs and attorney's fees;
(D) law enforcement agency salaries, overtime
pay, and benefits for officers and employees;
(E) professional or outside services, including
services related to auditing, court reporting, and expert
witnesses;
(F) travel expenses, including meals and
entertainment;
(G) training and conferences;
(H) operating expenses, including the cost of
producing reports under this article;
(I) vehicles;
(J) law enforcement agency equipment, such as
tactical gear and firearms;
(K) capital expenditures, such as furniture,
computers, and office equipment; and
(L) any other uses of forfeiture proceeds.
(b) Each law enforcement agency shall file the report
described by Subsection (a) covering the seizure, forfeiture,
receipt, or expenditure of proceeds and property received under
this chapter by the law enforcement agency. A report must be filed
by a law enforcement agency that did not engage in a seizure or
forfeiture during the reporting period indicating that fact.
(c) The state auditor shall adopt a standard form for the
timely submission of a report under Subsection (a). The state
auditor's office shall make the submitted reports available on its
Internet website and shall provide printed copies to state
legislators on request.
(d) Each law enforcement agency may use proceeds received
under this chapter to pay costs incurred by the agency to comply
with the requirements of this article.
(e) The state auditor may charge a fee to each law
enforcement agency to cover costs incurred by the office in making
the reports available under Subsection (c). Each law enforcement
agency may use proceeds received under this chapter to pay the fee.
(f) A report submitted to the state auditor under this
article is public information under Chapter 552, Government Code.
SECTION 2. The change in law made by this Act applies only
to a fiscal year starting on or after January 1, 2014.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.