bill building a public website tracking asset forfeiture

The text as introduced · 2,352 words

By: Harrison
H.B. No. 916

A BILL TO BE ENTITLED

AN ACT

relating to the tracking, 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. Article 59.06, Code of Criminal Procedure, is

amended by amending Subsections (c-1) and (m) and adding

Subsections (v), (w), and (x) to read as follows:

(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. Any expenditures of

the proceeds are subject to the audit provisions established under

this chapter [ article ].

(m) As a specific exception to Subdivisions (1)-(3) of

Subsection (c), a law enforcement agency or attorney representing

the state may use proceeds received under this chapter to contract

with a person or entity to prepare an audit required by this chapter

[ as required by Subsection (g) ].

(v) As a specific exception to Subsection (c) that the funds

described by that subsection be used only for the official purposes

of the attorney representing the state or for law enforcement

purposes, the attorney representing the state or the head of a law

enforcement agency, as applicable, may use any portion of the gross

amount credited to the attorney's or agency's special fund under

Subsection (c) to pay:

(1) the fee charged by the attorney general under

Article 59.17; or

(2) any costs incurred by the attorney representing

the state or the law enforcement agency to compile information or

submit reports to the attorney general as required by Articles

59.15 and 59.16.

(w) Notwithstanding any other provision of this article, if

a law enforcement agency does not comply with Article 59.16(c), the

attorney representing the state may not disburse funds received

under this chapter to the agency, and the agency may not expend any

proceeds or use any property awarded under this article, until the

agency submits the report required by that subsection.

(x) Notwithstanding any other provision of this article, if

the attorney representing the state does not comply with Article

59.16(c), the attorney may not expend any proceeds or use any

property received under this chapter and awarded under this article

until after the attorney submits the report required by that

subsection.

SECTION 2. Article 59.061, Code of Criminal Procedure, is

amended by adding Subsections (a-1) and (e) to read as follows:

(a-1) On request of a member of the legislature, the state

auditor shall perform an audit described by Subsection (a). The

state auditor is not required to perform more than one audit per

year under this subsection.

(e) Not later than the 90th day after the date that an audit

under Subsection (a) or (a-1) is completed, the state auditor shall

submit a copy of the audit to the attorney general. The attorney

general shall promptly publish the audit on the publicly accessible

Internet website established under Article 59.16.

SECTION 3. Chapter 59, Code of Criminal Procedure, is

amended by adding Articles 59.15, 59.16, 59.17, 59.18, and 59.19 to

read as follows:

Art. 59.15. CASE TRACKING SYSTEM. (a) The attorney general

shall establish and maintain a case tracking system to collect and

organize data regarding property seized or forfeited under this

chapter or under an agreement with the federal government. The case

tracking system must include the information described by

Subsection (b).

(b) When property is seized or forfeited under this chapter

or under an agreement with the federal government, the law

enforcement agency that seized the property or the attorney

representing the state in the forfeiture proceeding, as assigned by

the attorney general for reporting purposes under Subsection (d),

shall submit the following information to the attorney general, to

the extent the information is available or applicable:

(1) the name of the law enforcement agency that seized

the property, or the name of the law enforcement agency with primary

responsibility for seizing the property, if more than one agency

was involved in the seizure;

(2) the date of the seizure;

(3) a description of the property seized;

(4) the location of the seizure;

(5) if the seizure occurred on a highway, the

direction of the traffic flow;

(6) an estimated value of the property seized;

(7) the alleged offense that gave rise to the seizure;

(8) if charges were filed in relation to the seizure:

(A) the offense charged;

(B) the criminal case number;

(C) the court in which the charges were filed;

and

(D) the disposition of the charges;

(9) whether forfeiture is sought under federal law,

and if so:

(A) whether a joint task force consisting of

state or local law enforcement officers and federal law enforcement

officers collaborated on the seizure; and

(B) whether a federal law enforcement agency

asserted jurisdiction over a seizure made by a state or local law

enforcement agency without involvement in the seizure by the

federal law enforcement agency;

(10) the civil case number of the forfeiture

proceeding and the court in which the forfeiture proceeding was

filed;

(11) whether an owner or interest holder of the seized

property filed a claim or counterclaim in the forfeiture

proceeding, and if so, whether the owner or interest holder was the

person from whom the property was seized, an innocent owner, a

creditor, or another party;

(12) whether an owner or interest holder of the seized

property defaulted in the forfeiture proceeding;

(13) whether there was a settlement agreement in the

forfeiture proceeding;

(14) the date of the forfeiture order;

(15) whether the seized property:

(A) was fully or partially returned to the person

from whom the property was seized;

(B) was sold or donated;

(C) was destroyed;

(D) was retained by a law enforcement agency or

attorney representing the state; or

(E) is pending disposition;

(16) the date of final disposition of the seized

property;

(17) the amount of attorney's fees awarded to an owner

or interest holder of the seized property;

(18) an estimate of the total costs to:

(A) store the seized or forfeited property;

(B) pay for law enforcement officers' and

personnel salaries for work performed in relation to the forfeiture

proceeding;

(C) pay the attorney representing the state for

work performed in relation to the forfeiture proceeding; and

(D) sell or dispose of the forfeited property;

(19) if property was retained by a law enforcement

agency or attorney representing the state, the purpose for which

the property was used;

(20) the total market value of the forfeited property,

including currency, proceeds from the sale of property, and

distributions received from the federal government; and

(21) the total market value of the forfeited property

that was retained by the state, destroyed, sold, or donated.

(c) If the property seized or forfeited was alcohol or a

controlled substance or drug paraphernalia as defined by Section

481.002, Health and Safety Code, a law enforcement agency or

attorney representing the state may not submit information required

by Subsections (b)(3), (20), and (21) to the case tracking system.

(d) The attorney general shall assign the responsibility

for submitting the information required under Subsection (b) to

appropriate state or local law enforcement agencies or attorneys

representing the state.

(e) If property was seized from a confidential informant,

the law enforcement agency or attorney representing the state may

delay submitting the information required under Subsection (b) for

any period in which the informant continues to cooperate with the

agency or attorney.

(f) If a law enforcement agency or an attorney representing

the state responsible for submitting information to the attorney

general under Subsection (b) has not seized any property during the

period specified by the attorney general, the agency or attorney

shall file a report stating that no property was seized.

(g) The attorney general shall adopt rules as necessary to

implement this section, including rules regarding how frequently

law enforcement agencies and attorneys representing the state must

submit information required by Subsection (b).

Art. 59.16. SEARCHABLE INTERNET DATABASE; REPORTS OF

EXPENDITURES. (a) The attorney general shall establish and make

available to the public an Internet website with a searchable

database that includes the following information, subject to

Subsection (b):

(1) the information submitted to the attorney general

for inclusion in the case tracking system under Article 59.15(b);

(2) the total amount of funds expended from the

proceeds of property seized or forfeited under this chapter or

under an agreement with the federal government in the following

categories:

(A) drug abuse, crime, and gang prevention or

other community programs;

(B) compensation, reparations, or other similar

types of funds paid to or in behalf of victims;

(C) investigation costs, including controlled

buys, forensics, informant fees, and witness protection;

(D) expenses related to the storage,

maintenance, repair, or return of seized property;

(E) expenses related to forfeiture proceedings

under this chapter, including court costs, attorney's fees, and

costs related to auditing, discovery, court reporters, printing,

postage, and witnesses;

(F) government personnel costs, including

salaries, overtime, and benefits;

(G) government travel and training, including

conferences, continuing education, entertainment, and meals;

(H) government administrative and operating

expenses, including office supplies, postage, printing, utilities,

and repairs and maintenance of vehicles or other equipment; and

(I) government capital expenditures, including

appliances, canines, computers, equipment, firearms, furniture,

and vehicles;

(3) an itemized list of any other expenditure of

proceeds that was received from a forfeiture under this chapter or

under an agreement with the federal government and that was

reported under Subsection (c), other than expenditures described by

Subdivision (2) and including payments to trade associations,

lobbyists, and other agencies; and

(4) the total value of seized and forfeited property

held by the law enforcement agency or attorney representing the

state at the end of the state fiscal year.

(b) The attorney general may not require a law enforcement

agency or attorney representing the state to disclose, and the

Internet website may not include:

(1) the name, address, contact information, or other

personally identifying information of an owner or interest holder

of the seized property, business entity, or other individual

involved in the forfeiture proceeding; or

(2) the address, vehicle identification number, or

serial number of any seized or forfeited property.

(c) A law enforcement agency or attorney representing the

state that expends funds from the proceeds of property seized or

forfeited under this chapter or under an agreement with the federal

government shall submit a report with the information required by

Subsections (a)(2) and (3) to the attorney general not later than

the 30th day after the end of the state fiscal year. The commander

of a multijurisdictional task force may appoint one law enforcement

agency to report the relevant expenditures.

(d) The attorney general may extend the 30-day period under

Subsection (c) for a period determined by the attorney general if

the attorney general finds good cause for the extension.

(e) A law enforcement agency or attorney representing the

state in violation of Subsection (c) is subject to a civil penalty

for each violation:

(1) in an amount equal to $500, or 25 percent of the

forfeiture proceeds received by the law enforcement agency or

attorney representing the state, whichever is greater; or

(2) in a reasonable amount determined by the office of

the attorney general.

(f) Sovereign immunity of this state and governmental

immunity of a political subdivision to suit and from liability is

waived to the extent of liability created by Subsection (e).

(g) The office of the attorney general shall deposit a civil

penalty collected under this article in the general revenue fund.

(h) The attorney general may adopt rules as necessary to

implement this article.

Art. 59.17. ATTORNEY GENERAL MAY CHARGE FEE. The attorney

general may charge a reasonable fee to a law enforcement agency or

attorney representing the state that submits information under

Article 59.15 or 59.16 to cover the costs associated with

maintaining the case tracking system and Internet website

established under Articles 59.15 and 59.16.

Art. 59.18. ATTORNEY GENERAL REPORT. (a) Not later than

the 120th day after the end of the state fiscal year, the attorney

general shall compile and submit to the governor, the lieutenant

governor, and the speaker of the house of representatives a report

summarizing activity related to property seized or forfeited under

this chapter. The report must include:

(1) the type, approximate value, and disposition of

property seized or forfeited under this chapter; and

(2) the total amount of funds received or expended

from the proceeds of property seized or forfeited under this

chapter.

(b) The information included in the report must be:

(1) disaggregated by agency; and

(2) for information required by Articles 59.16(a)(2)

and (3), organized by the categories described under those

subdivisions.

(c) The attorney general may include in the report required

by Subsection (a) legislative recommendations to ensure

expenditures related to the seizure or forfeiture of property under

this chapter are expended and reported in a manner that is fair to

victims, owners or interest holders of seized property, residents

of this state, law enforcement agencies and attorneys representing

the state, and taxpayers.

(d) The attorney general shall post a copy of the report

required by Subsection (a) on the publicly accessible Internet

website established under Article 59.16.

Art. 59.19. PUBLIC DISCLOSURE. All information and reports

submitted to the attorney general or published by the attorney

general under Articles 59.15, 59.16, and 59.18, other than Article

59.16(b), are public information subject to disclosure under

Chapter 552, Government Code.

SECTION 4. Articles 59.06(l) and (s), Code of Criminal

Procedure, are repealed.

SECTION 5. The change in law made by this Act applies only

to a state fiscal year beginning on or after January 1, 2026.

SECTION 6. This Act takes effect September 1, 2025.