By: Patrick	S.B. No. 878
	(In the Senate - Filed February 27, 2013; March 5, 2013,
	read first time and referred to Committee on Criminal Justice;
	April 22, 2013, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 6, Nays 0; April 22, 2013,
	sent to printer.)
	COMMITTEE SUBSTITUTE FOR S.B. No. 878	By:  Whitmire

	A BILL TO BE ENTITLED
	AN ACT
	relating to the disposition of proceeds and property 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 (c) and (c-1) 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)  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.
	(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.
	SECTION 2.  The changes in law made by this Act 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.  This Act takes effect September 1, 2013.
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