84R2451 AJZ-D
By: Taylor of Collin S.B. No. 566
A BILL TO BE ENTITLED
AN ACT
relating to the use of proceeds received from criminal asset
forfeiture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 59.06(d), Code of Criminal Procedure, is
amended to read as follows:
(d) Proceeds awarded under this chapter to a law enforcement
agency or to the attorney representing the state may be spent by the
agency or the attorney after a budget for the expenditure of the
proceeds has been submitted to and approved by the commissioners
court or governing body of the municipality. The law enforcement
agency or attorney representing the state may spend proceeds
awarded under this chapter only as proposed in the approved budget.
The budget must be detailed and clearly list and define the
categories of expenditures, but may not list details that would
endanger the security of an investigation or
prosecution. Expenditures are subject to the audit and
enforcement provisions established under this chapter. A
commissioners court or governing body of a municipality may not use
the existence of an award to offset or decrease total salaries,
expenses, and allowances that the agency or the attorney receives
from the commissioners court or governing body at or after the time
the proceeds are awarded.
SECTION 2. Article 59.06(g), Code of Criminal Procedure, is
amended by adding Subdivision (4) to read as follows:
(4) The audit prepared under this subsection is
subject to disclosure under Chapter 552, Government Code.
SECTION 3. The change in law made by this Act to Article
59.06(d), Code of Criminal Procedure, applies only to the use of
proceeds received by a law enforcement agency or attorney
representing the state under Chapter 59, Code of Criminal
Procedure, on or after the effective date of this Act. Proceeds
received by a law enforcement agency or attorney representing the
state under Chapter 59, Code of Criminal Procedure, before the
effective date of this Act are governed by the law in effect on the
date the proceeds were received, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.