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.