Texas 2015 - 84th Regular

Texas House Bill HB2116 Compare Versions

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Version 2 (New)

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1	1	84R9997 MEW-D
2	2	By: Villalba H.B. No. 2116
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expenditure of proceeds or property received from
8	8	criminal asset forfeiture.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 59.06, Code of Criminal Procedure, is
11	11	amended by amending Subsections (d-3) and (d-4) and adding
12	12	Subsections (d-5) and (g-1) to read as follows:
13	13	(d-3) Except as otherwise provided by this article, an
14	14	expenditure of proceeds or property received under this chapter is
15	15	considered to be for a law enforcement purpose if the expenditure is
16	16	made for an activity of a law enforcement agency that relates to the
17	17	criminal and civil enforcement of the laws of this state, including
18	18	an expenditure made for:
19	19	(1) equipment, including vehicles, computers,
20	20	firearms, protective body armor, furniture, software, uniforms,
21	21	and maintenance equipment;
22	22	(2) supplies, including office supplies, mobile phone
23	23	and data account fees for employees, and Internet services;
24	24	(3) investigative and training-related travel
25	25	expenses, including payment for hotel rooms, airfare, meals, rental
26	26	of and fuel for a motor vehicle, and parking;
27	27	(4) conferences and training expenses, including fees
28	28	and materials;
29	29	(5) investigative costs, including payments to
30	30	informants and lab expenses;
31	31	(6) crime prevention and treatment programs;
32	32	(7) facility costs, including building purchase,
33	33	lease payments, remodeling and renovating, maintenance, and
34	34	utilities;
35	35	(8) witness-related costs, including travel and
36	36	security; [and]
37	37	(9) audit costs and fees, including audit preparation
38	38	and professional fees; and
39	39	(10) public awareness and education programs and
40	40	services.
41	41	(d-4) Except as otherwise provided by this article, an
42	42	expenditure of proceeds or property received under this chapter is
43	43	considered to be for an official purpose of an attorney's office if
44	44	the expenditure is made for an activity of an attorney or office of
45	45	an attorney representing the state that relates to the
46	46	preservation, enforcement, or administration of the laws of this
47	47	state, including an expenditure made for:
48	48	(1) equipment, including vehicles, computers, visual
49	49	aid equipment for litigation, firearms, body armor, furniture,
50	50	software, and uniforms;
51	51	(2) supplies, including office supplies, legal
52	52	library supplies and access fees, mobile phone and data account
53	53	fees for employees, and Internet services;
54	54	(3) prosecution and training-related travel expenses,
55	55	including payment for hotel rooms, airfare, meals, rental of and
56	56	fuel for a motor vehicle, and parking;
57	57	(4) conferences and training expenses, including fees
58	58	and materials;
59	59	(5) investigative costs, including payments to
60	60	informants and lab expenses;
61	61	(6) crime prevention and treatment programs;
62	62	(7) facility costs, including building purchase,
63	63	lease payments, remodeling and renovating, maintenance, and
64	64	utilities;
65	65	(8) legal fees, including court costs, witness fees,
66	66	and related costs, including travel and security, audit costs, and
67	67	professional fees; [and]
68	68	(9) state bar and legal association dues; and
69	69	(10) public awareness and education programs and
70	70	services.
71	71	(d-5) A law enforcement agency or attorney representing the
72	72	state may expend proceeds or property received under this chapter
73	73	only as described by Subsections (d-2), (d-3), and (d-4). Unless
74	74	otherwise authorized under this chapter, proceeds or property
75	75	received under this chapter may not be used for the direct or
76	76	indirect benefit of any person.
77	77	(g-1) Not later than the 10th day after the last day of each
78	78	quarter of the fiscal year, all law enforcement agencies and
79	79	attorneys representing the state who receive proceeds or property
80	80	under this chapter shall publish a report detailing all
81	81	expenditures made during the preceding quarter from the proceeds or
82	82	property. Each law enforcement agency and attorney representing the
83	83	state shall make the report available to the public on the agency's
84	84	or attorney's Internet website, as applicable.
85	85	SECTION 2. The changes in law made by this Act to Articles
86	86	59.06(d-3) and (d-4), Code of Criminal Procedure, apply only to the
87	87	expenditure of proceeds or property by a law enforcement agency or
88	88	attorney representing the state on or after the effective date of
89	89	this Act. The expenditure of proceeds or property by a law
90	90	enforcement agency or attorney representing the state before the
91	91	effective date of this Act is governed by the law in effect on the
92	92	date the expenditure was made, and the former law is continued in
93	93	effect for that purpose.
94	94	SECTION 3. This Act takes effect September 1, 2015.