83R6166 JSC-F
	By: Carter	H.B. No. 1849

	A BILL TO BE ENTITLED
	AN ACT
	relating to criminal asset forfeiture, the disposition of proceeds
	and property from criminal asset forfeiture, and accountability for
	that disposition.
	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 (c), (c-1), and (g) and adding
	Subsections (d-3) and (d-4) to read as follows:
	(c)  If a local agreement exists between the attorney
	representing the state and law enforcement agencies, all money,
	securities, negotiable instruments, stocks or bonds, or things of
	value, or proceeds from the sale of those items, shall be deposited,
	after the deduction of court costs to which a district court clerk
	is entitled under Article 59.05(f), according to the terms of the
	agreement into one or more of the following funds:
	(1)  a special fund in the county treasury for the
	benefit of the office of the attorney representing the state, to be
	used by the attorney solely for the official purposes of his office;
	(2)  a special fund in the municipal treasury if
	distributed to a municipal law enforcement agency, to be used
	solely for law enforcement purposes[, such as salaries and overtime
	pay for officers, officer training, specialized investigative
	equipment and supplies, and items used by officers in direct law
	enforcement duties];
	(3)  a special fund in the county treasury if
	distributed to a county law enforcement agency, to be used solely
	for law enforcement purposes; or
	(4)  a special fund in the state law enforcement agency
	if distributed to a state law enforcement agency, to be used solely
	for law enforcement purposes.
	(c-1)  Notwithstanding Subsection (a), the attorney
	representing the state and special rangers of the Texas and
	Southwestern Cattle Raisers Association who meet the requirements
	of Article 2.125 may enter into a local agreement that allows the
	attorney representing the state to transfer proceeds from the sale
	of forfeited property described by Subsection (c), after the
	deduction of court costs as described by that subsection, to a
	special fund established for the special rangers.  Proceeds
	transferred under this subsection must be used by the special
	rangers solely for law enforcement purposes[, such as training,
	essential equipment, and operating expenses].  Any expenditures of
	the proceeds are subject to the audit provisions established under
	this article.
	(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)  salary and overtime of employees;
	(2)  equipment, including vehicles, computers,
	firearms, protective body armor, furniture, software, uniforms,
	and maintenance equipment;
	(3)  supplies, including office supplies, mobile phone
	and data account fees for employees, and Internet services;
	(4)  investigative and training-related travel
	expenses, including payment for hotel rooms, airfare, meals, rental
	of and fuel for a motor vehicle, and parking;
	(5)  conferences and training expenses, including fees
	and materials;
	(6)  investigative costs, including payments to
	informants and lab expenses;
	(7)  crime prevention and treatment programs;
	(8)  facility costs, including building purchase,
	lease payments, remodeling and renovating, maintenance, and
	utilities;
	(9)  witness-related costs, including travel and
	security; and
	(10)  audit costs and fees, including audit preparation
	and professional fees.
	(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 representing
	the state that relates to the criminal and civil enforcement of the
	laws of this state, including an expenditure made for:
	(1)  salary and overtime of employees;
	(2)  equipment, including vehicles, computers, visual
	aid equipment for litigation, firearms, body armor, furniture,
	software, and uniforms;
	(3)  supplies, including office supplies, legal
	library supplies and access fees, mobile phone and data account
	fees for employees, and Internet services;
	(4)  prosecution and training-related travel expenses,
	including payment for hotel rooms, airfare, meals, rental of and
	fuel for a motor vehicle, and parking;
	(5)  conferences and training expenses, including fees
	and materials;
	(6)  investigative costs, including payments to
	informants and lab expenses;
	(7)  crime prevention and treatment programs;
	(8)  facility costs, including building purchase,
	lease payments, remodeling and renovating, maintenance, and
	utilities; and
	(9)  legal fees, including court costs, witness fees,
	and audit costs and fees.
	(g)(1)  All law enforcement agencies and attorneys
	representing the state who receive proceeds or property under this
	chapter shall account for the seizure, forfeiture, receipt, and
	specific expenditure of all the proceeds and property in an audit,
	which is to be performed annually by the auditor of the law
	enforcement agency, the political subdivision of the state, or the
	attorney representing the state [commissioners court or governing
	body of a municipality], as appropriate, or an accounting
	professional under contract for the purpose of complying with this
	subdivision. The annual period of the audit for a law enforcement
	agency is the fiscal year of the appropriate county or municipality
	and the annual period for an attorney representing the state is the
	state fiscal year. The attorney general may adopt a secure process
	for electronically completing, verifying, and submitting an audit
	report under this subdivision. The secure process adopted under
	this subdivision may require digital signatures or unique login
	protocols. The audit must be completed on an audit reporting [a]
	form provided by the attorney general and available on the attorney
	general's Internet website or completed electronically according
	to the protocols adopted by the attorney general and must include a
	detailed list [report] and explanation of all expenditures,
	including salaries and overtime pay, officer training,
	investigative equipment and supplies, and other items. The
	completed audit report must be certified by the auditor or
	accounting professional and the head of the law enforcement agency,
	political subdivision, or attorney representing the state in a
	manner specified by the attorney general to show that the
	information provided is correct. Certified copies of the audit
	report shall be delivered or electronically submitted by the law
	enforcement agency or attorney representing the state to the
	attorney general not later than the 60th day after the date on which
	the annual period that is the subject of the audit ends.
	(2)  If a copy of the audit report is not delivered or
	electronically submitted to the attorney general within the period
	required by Subdivision (1), within five days after the end of the
	period the attorney general shall notify the law enforcement agency
	or the attorney representing the state of that fact. On a showing
	of good cause, the attorney general may grant an extension
	permitting the agency or attorney to deliver or electronically
	submit a copy of the audit report after the period required by
	Subdivision (1) and before the 76th day after the date on which the
	annual period that is the subject of the audit ends. If the law
	enforcement agency or the attorney representing the state fails to
	establish good cause for not delivering or electronically
	submitting the copy of the audit report within the period required
	by Subdivision (1) or fails to deliver or electronically submit a
	copy of an audit report within the extension period, the attorney
	general shall notify the comptroller of that fact.
	(3)  On notice under Subdivision (2), the comptroller
	shall perform the audit otherwise required by Subdivision (1). At
	the conclusion of the audit, the comptroller shall forward or
	electronically submit a copy of the audit report to the attorney
	general. The law enforcement agency or attorney representing the
	state is liable to the comptroller for the costs of the comptroller
	in performing the audit.
	SECTION 2.  The changes in law made by this Act in adding
	Articles 59.06(d-3) and (d-4), Code of Criminal Procedure, apply to
	the disposition or use, on or after the effective date of this Act,
	of proceeds or property received by a law enforcement agency or
	attorney representing the state under Chapter 59, Code of Criminal
	Procedure, regardless of whether the receipt of the proceeds or
	property occurred before, on, or after the effective date of this
	Act.
	SECTION 3.  The changes in law made by this Act in amending
	Article 59.06(g), Code of Criminal Procedure, apply to any audit
	performed under that subsection on or after the effective date of
	this Act.
	SECTION 4.  This Act takes effect September 1, 2013.