84R9997 MEW-D
By: Villalba H.B. No. 2116
A BILL TO BE ENTITLED
AN ACT
relating to the expenditure of proceeds or property received 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 (d-3) and (d-4) and adding
Subsections (d-5) and (g-1) to read as follows:
(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) equipment, including vehicles, computers,
firearms, protective body armor, furniture, software, uniforms,
and maintenance equipment;
(2) supplies, including office supplies, mobile phone
and data account fees for employees, and Internet services;
(3) investigative and training-related travel
expenses, including payment for hotel rooms, airfare, meals, rental
of and fuel for a motor vehicle, and parking;
(4) conferences and training expenses, including fees
and materials;
(5) investigative costs, including payments to
informants and lab expenses;
(6) crime prevention and treatment programs;
(7) facility costs, including building purchase,
lease payments, remodeling and renovating, maintenance, and
utilities;
(8) witness-related costs, including travel and
security; [and]
(9) audit costs and fees, including audit preparation
and professional fees; and
(10) public awareness and education programs and
services.
(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) equipment, including vehicles, computers, visual
aid equipment for litigation, firearms, body armor, furniture,
software, and uniforms;
(2) supplies, including office supplies, legal
library supplies and access fees, mobile phone and data account
fees for employees, and Internet services;
(3) prosecution and training-related travel expenses,
including payment for hotel rooms, airfare, meals, rental of and
fuel for a motor vehicle, and parking;
(4) conferences and training expenses, including fees
and materials;
(5) investigative costs, including payments to
informants and lab expenses;
(6) crime prevention and treatment programs;
(7) facility costs, including building purchase,
lease payments, remodeling and renovating, maintenance, and
utilities;
(8) legal fees, including court costs, witness fees,
and related costs, including travel and security, audit costs, and
professional fees; [and]
(9) state bar and legal association dues; and
(10) public awareness and education programs and
services.
(d-5) A law enforcement agency or attorney representing the
state may expend proceeds or property received under this chapter
only as described by Subsections (d-2), (d-3), and (d-4). Unless
otherwise authorized under this chapter, proceeds or property
received under this chapter may not be used for the direct or
indirect benefit of any person.
(g-1) Not later than the 10th day after the last day of each
quarter of the fiscal year, all law enforcement agencies and
attorneys representing the state who receive proceeds or property
under this chapter shall publish a report detailing all
expenditures made during the preceding quarter from the proceeds or
property. Each law enforcement agency and attorney representing the
state shall make the report available to the public on the agency's
or attorney's Internet website, as applicable.
SECTION 2. The changes in law made by this Act to Articles
59.06(d-3) and (d-4), Code of Criminal Procedure, apply only to the
expenditure of proceeds or property by a law enforcement agency or
attorney representing the state on or after the effective date of
this Act. The expenditure of proceeds or property by a law
enforcement agency or attorney representing the state before the
effective date of this Act is governed by the law in effect on the
date the expenditure was made, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.