83R22284 KSD-D
By: Hernandez Luna H.B. No. 501
Substitute the following for H.B. No. 501:
By: Herrero C.S.H.B. No. 501
A BILL TO BE ENTITLED
AN ACT
relating to the use of proceeds from criminal asset forfeiture to
provide college scholarships to children of peace officers killed
in the line of duty and to an annual report regarding the total
value of forfeited property in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.06, Code of Criminal Procedure, is
amended by adding Subsections (r) and (s) to read as follows:
(r) As a specific exception to Subsection (c)(2), (3), or
(4), a law enforcement agency may transfer not more than 10 percent
of the gross amount credited to the agency's fund to a separate
special fund established in the treasury of the political
subdivision or maintained by the state law enforcement agency, as
applicable. The law enforcement agency shall administer the
separate special fund. Interest received from the investment of
money in the fund shall be credited to the fund. The agency may use
money in the fund only to provide scholarships to children of peace
officers who were employed by the agency or by another law
enforcement agency with which the agency has overlapping geographic
jurisdiction and who were killed in the line of duty. Scholarships
under this subsection may be used only to pay the costs of
attendance at an institution of higher education or private or
independent institution of higher education, including tuition and
fees and costs for housing, books, supplies, transportation, and
other related personal expenses. In this subsection, "institution
of higher education" and "private or independent institution of
higher education" have the meanings assigned by Section 61.003,
Education Code.
(s) Not later than June 1 of each year, the attorney general
shall develop a report based on information submitted by law
enforcement agencies and attorneys representing the state under
Subsection (g) detailing the total amount of funds forfeited, or
credited after the sale of forfeited property, in this state in the
preceding calendar year. The attorney general shall maintain in a
prominent location on the attorney general's publicly accessible
Internet website a link to the most recent annual report developed
under this subsection.
SECTION 2. This Act takes effect September 1, 2013.