Highlights of the 82nd Texas Legislature: A Summary of Enrolled Legislation, Volume 1 Page: 55
xviii, 517 p. : chartsView a full description of this report.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
CRIMINAL JUSTICE/GENERAL
Provides that, at any time before notice is filed, an attorney representing the state may not request, require, or in any
manner induce any person, including a person who asserts an interest in or right to seized property, to execute a
document purporting to waive the person's interest in or rights to the property.
Provides that any postjudgment interest from money, securities, negotiable instruments, stocks or bonds, or things of
value, or proceeds from the sale of those items, that are deposited in an interest-bearing bank account shall be used
for the same purpose as the principal.
Requires the attorney representing the state to enter into a local agreement with DPS, with respect to forfeited
property seized in connection with a violation of the Texas Controlled Substance Act by a peace officer employed by
DPS in which a default judgment is rendered in favor of the state.
Allows the attorney representing the state either to transfer forfeited property to DPS to maintain, repair, use, and
operate for official purposes or allocate proceeds from the sale of forfeited property after the deduction of court costs
of 40 percent to a special fund in DPS to be used solely for law enforcement purposes; 30 percent to 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 purposed of the attorney's office; and 30 percent to the general revenue fund.
Authorizes the attorney representing the state, with respect to forfeited property seized in connection with a violation
of the Texas Controlled Substance Act by DPS concurrently with any other law enforcement agency, in which a
default judgment is rendered in favor of the state, to allocate property or proceeds in accordance with a
memorandum of understanding between the law enforcement agencies and the attorney representing the state.
Prohibits the head of a law enforcement agency or an attorney representing the state from using proceeds or seized
property to contribute to a political campaign; pay expenses related to the training or education or any member of the
judiciary; pay any travel expenses related to attendance at training or education seminars if the expenses violate
generally applicable restrictions; purchase alcoholic beverages; make any expenditure not approved by the
commissioners court or governing body of the municipality if the head of a law enforcement agency or attorney
representing the state holds an elective office and the deadline for filing an application for a place on the ballot for
reelection in the general primary has passed and the person did not file; or during the person's current term of office,
the person was a candidate in a primary, general, or runoff election for reelection to that office and was not the
prevailing candidate.
Prohibits the head of a law enforcement agency or an attorney representing the state from using proceeds or seized
property to increase a salary, expense, or allowance for an employee of the law enforcement agency or attorney
representing the state who is budgeted by the commissioners court or governing body of the municipality unless the
commissioners court or governing body first approves the increase.
Allows the head of a law enforcement agency or an attorney representing the state to use as an official purpose of
the agency or attorney proceeds or seized property to make a donation to an entity that assists in the detection,
investigation, or prosecution of criminal offenses or instances of abuse; the provision of mental health, drug, or
rehabilitation services, services for victims or witnesses of criminal offenses or instances of abuse, or the provision of
training or education related to duties or services.
Requires all law enforcement agencies and attorneys representing the state to provide an annual audit accounting for
all the seizure, forfeiture, receipt, and specific expenditure of all the proceeds and property, including a detailed
report and explanation of all expenditures, including salaries and overtime pay, officer training, investigative
equipment and supplies, and other items, to be delivered 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.HIGHLIGHTS 82~ TEXAS LEGISLATURE 55
HIGHLIGHTS - 82D TEXAS LEGISLATURE
55
Upcoming Pages
Here’s what’s next.
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Texas. Legislature. Senate. Research Center. Highlights of the 82nd Texas Legislature: A Summary of Enrolled Legislation, Volume 1, report, October 2011; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth578381/m1/78/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.