85R1696 AJZ-D
	By: Burton	S.B. No. 481

	A BILL TO BE ENTITLED
	AN ACT
	relating to the reporting and disposition of proceeds and property
	from asset forfeiture proceedings under the Code of Criminal
	Procedure.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Articles 59.06(d-3) and (d-4), Code of Criminal
	Procedure, are amended 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:
	(A)  audit preparation and professional fees paid
	to a person or entity under a contract or as otherwise authorized by
	law; and
	(B)  costs of preparing any reports required to be
	submitted with the audit form to the attorney general.
	(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 and[,] witness
	fees[,] and other witness-related [related] costs such as[,
	including] travel and security[, audit costs, and professional
	fees]; [and]
	(9)  state bar and legal association dues; and
	(10)  audit costs and fees, including:
	(A)  audit preparation and professional fees paid
	to a person or entity under a contract or as otherwise authorized by
	law; and
	(B)  costs of preparing any reports required to be
	submitted with the audit form to the attorney general.
	SECTION 2.  Article 59.06(g)(1), Code of Criminal Procedure,
	is amended to read as follows:
	(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 commissioners court or
	governing body of a municipality, as appropriate. 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
	audit must be completed on a form provided by the attorney general
	and must include a detailed report and explanation of all
	expenditures, including salaries and overtime pay, officer
	training, investigative equipment and supplies, and other items.
	The audit must also include a detailed report that itemizes all
	seizures of proceeds or property under this chapter and that
	indicates the specific criminal offense on which each seizure was
	based and, if charges were brought in connection with the offense,
	the disposition of those charges. Certified copies of the audit
	shall be delivered 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.
	SECTION 3.  Article 59.06(m), Code of Criminal Procedure, is
	repealed.
	SECTION 4.  The changes in law made by this Act in amending
	Article 59.06(g)(1), Code of Criminal Procedure, apply to any audit
	performed under that subsection on or after the effective date of
	this Act.
	SECTION 5.  This Act takes effect September 1, 2017.