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INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7432k
loo,�o To the Mayor and Members of the Cite Council January 2, 1990
t .9d
u � s
rE"'y• Subject: SEIZED FUNDS
The Fort Worth Police Department seizes assets under provisions of both federal and
state laws. Under the provisions of the Federal Forfeiture Law the Police Department may
receive assets as a result of investigations conducted in conjunction with federal agencies
and the cases are filed in federal courts. Assets seized generally are a result of narcotics/
drug enforcement operations, but on occasion federal seizures may involve other types of
criminal activity.
Provisions of the Texas Controlled Substances Act permits asset seizure in conjunction
with narcotics/drug enforcement operations with the cases filed in state courts. In addition,
during the special session of the 71st legislative session of the State of Texas, IIS 65
"Enhanced Asset Forfeiture" was passed and signed into law by the governor. Under pro-
visions of this law effective October 18, 1989, assets may be seized for many other felonious
activities. Law enforcement agencies may now seize property of any nature which is real,
personal, tangible or intangible. Furthermore, these assets may be seized as a result of a
commission of various felonies, used or intended to be used in the commission of a felony,
seized as proceeds gained from the commission of a felony; or acquired with proceeds gained
from the commission of a felony.
Currently, the Fort Worth Police Department manages three interest bearing accounts at
the Summit National Bank related to seized and forfeited assets.
1. Fort Worth Police Department Multi-Agency Program
Account No. 504-113-2 -- This account includes monies awarded either through
state or federal procedures of assets seized from drug/narcotics enforcement
operations. All interest earned from the monies in this account is maintained
within the account. The monies in this account are revenues which may be
used by the Fort Worth Police Department for criminal investigaf i FfI 1IaftFC.0,J0
enforcement needs. C9TY 5E;;; TRY
Current Balance: $765,609.51
2. Fort Worth Police Department Multi-Agency Generated Revenue FT. WORITH, TE(.
Account No. 504-938-2 -- The monies in this account are derived from the sale
of property, restitution payments, utility refunds and currency seized in criminal
investigations conducted under the auspices of the Fort Worth Police Department
Multi-Agency Grant Program which is funded by the Texas Criminal Justice
Division. The monies and any interest earned cannot be used without the
approval of the Texas Criminal Justice Division and traditionally expeditures of
.wwu�w wv �.•� w•w• �•.u•w�w MOT WnRTH_ TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No
0
SOopr,�v To the Mayor and Member of the Cite Council January 2, 1990
y
u�s
�'�x''• Subject: SEIZED FUNDS
0012
these monies have been permitted for very limited purposes.
Current Balance: $244,846.76
3. Fort Worth Police Department Multi-Agency Seized Fund
Account No. 504-950-7 -- The monies in this account represent those funds
which have been seized as a result of narcotics/drug enforcement operations.
These monies have not been awarded and only become awarded funds after
action by the Tarrant County District Attorney's office and the court system.
When monies in this account are awarded they are transferred into the Multi-
Agency program account.
Current Balance: $131,926.86
The Federal Forfeiture Law specifies that these funds may be used for law enforcement
purposes only. The Texas Controlled Substances Act specifies that awarded funds can be
used only for purposes of criminal investigations.
Currently, the Fort Worth Police Department administers expenditures of awarded funds
with the concurrence of the City Manager and approval of the City Council. When the
Chief of Police determines that the expenditures are appropriate, an M&C is submitted with
appropriate background information. The M&C is reviewed by the Office of Management
Services to ensure the appropriate budget information is identified according to where the
expenditures will,be made. The Finance Department prepares the supplemental appropriations
ordinance and both documents are reviewed by the Department of Law for legality. Once
this process is complete, all information is submitted to the Office of the City Manager for
concurrence. If concurrence is received.,it is then placed on the Council agenda for Council
approval. If approved by the Council, the Police Department then submits the appropriate
documents to complete the request. When the expenditure request is for equipment or
materials, a request is sent to Purchasing, following normal city purchasing or bidding
procedures. Any items that require Council action are resubmitted by Purchasing to the
City Council for approval. The Police Department reimburses the General Fund for expend-
itures from the awarded assets account.
The Finance Department is assisting the Police Department in developing the appropriate
method for transferring the awarded assets into a special trust fund within the City's
t financial management structure. Procedures for use of these funds once +��afePpp� -gill
=ollow those outlined above. OF i L;iAL i►�.�a v.i
GITy Stv� TY
I T. W0PITH, TEyn.
eeeirrn sv tur iv-rry u&uscca FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No 74 -
0
PCs
To the INapor and Member of the Cite Council
January 2, 1990
rtx�'=
l Subject: SEIZED FUNDS
Under the current forfeiture statute which became law October 18, 1989, an agreement
for distribution of seized assets must be reached between the office of the District Attorney
and the seizing agency before any assets may be disseminated. This may be done individ-
ually in each instance of seizure, or a blanket agreement may be made. If no such agree-
ment exists, seized assets will revert to the State of Texas. The District Attorney has
proposed a contract with all agencies in Tarrant County to which we have responded. Our
response to this contract, or agreement, is currently being reviewed by the District
Attorney, and should be returned very soon for council approval.
A. P
",,'David Ivory, City Manager
I '
URPuLAL R7'0,10
I
fL
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
H.B. No. 65
AN ACT
refatin0 to the forfeiwe and deposition of oertain property related to erxxnerated felony offenses.
Be it enacted by the Legislature of the State of Texar
SECTION 1. The Code of Criminal Procedure is amended by adding Chapter 59 to read
as follows:
CHAPTER 39. FORFEITURE OF CONTRABAND
Art. $0.01. DEFINITIONS. In thin chapter.•
(1) "Attorney representing the state"means the prosecutor with felony jurisdic-
tion in the county in which a forfeiture proceeding is held under this chapter.
(2) "Contraband"means property of any nature, including real, personal, tangi-
ble, or intangible, that is:
(A) used in the commission of
-
(i) any first or second degree felony under the Penal Code;
(ii) any felony under Chapters 29, J0, $1, or J2, Penal Code; or
(iii) any felony under 77u Securities Act(Article 381-1 et seq., Vernon's Texas
Civil Statutes);
(B) used or intended to be used in the commission of
-
(i) any felony under Chapter 481, Health and Safety Code (Texas Controlled
Substances Act), or
(ii) any felony under Chapter 483, Health and Safety Code;
(C) the proceeds gained from the commission of a felony listed in Paragraph
(A) or(B) of this subdivision; or
(D) acquired with proceeds gained from the commission of a felony listed in
Paragraph (A) or(B) of this subdivision.
(J) "Interest holder"means the bona fide holder of a perfected lien or a perfected
security interest in property.
(4) "Law enforcement agency"means an agency of the state or an agency of a
political subdivision of the state authorized by law to employ peace officers.
(5) "Owner"means a person who claims an equitable or legal ownership interest
in property.
(6) "Seizure'means the restraint of property by a peace officer under Article
59.0J(a) or (b) of this code, whether the officer restrains the property by physical
force or by a display of the officer's authority.
Art. 59.02. FORFE17VRE OF CONTRABAND. (a)Property that is contraband is
subject to seizure and forfeiture under this chapter.
(b) Any property that is contraband other than property held as evidence in a
criminal investigation or a pending criminal case, money, a negotiable instrument,
or. a security that is seized under this chapter may be replevied by the owner or
interest holder of the property, on execution of a good and valid bond with sufficient
surety in a sum equal to the appraised value of the property replevied 77ie bond may
be approved as to form and substance by the court after the court gives notice of the
bond to the authority holding the seized property. The bond must be conditioned:
(1) on return of the property to the custody of the state on the day of hearing of
the forfeiture proceedings; and
(2) that the interest holder or owner of the property will abide by the decision that
may be made in the cause.
W An owner or interest holder's interest in property may not be forfeited under
this chapter if the owner or interest holder.
(1) acquired and perfected the interest before or during the act or omission giving
rise to forfeiture or, if the property is nal property, he acquired an ownership
interest, security interest, or lien interest before a lit pendens notice was filed
under Article 59.04(g)of We code, and
(2) did not know or should not reasonably have known of the act or omission
giving rise to the forfeiture or that it was likely to occur at or before the time of
acquiring and perfecting the interest or, }f the property is real property, at or
before t1u time of acquiring the ownership interest, security interest, or lien � 1..
interest. WAW RECORD
CITY ; sT Y
FT. W0]714, TEX.
(d) On m, z by any party or on the motion of the rt, after notice in the
manner prc_sed by Article 59.04 of this code to all kn,4n oumers and interest
holders of property subject to forfeiture under this chapter, and after a hearing on the
matter, the court may make appropriate orders to preserve and maintain the value of
the property until a final disposition of the property is made under this chapter,
including the sale of the property if that is the only method by which the value of the
property may be preserved until final disposition.
(e) Any property that is contraband and has been seized by the institutional
division of the Texas Department of Criminal Justice shall be forfeited to the
institutional division under the same rules and conditions "for other forfeitures.
(r) An individual,firm, corporation, or other entity insured under a policy of title
insurance may not assert a claim or cause of action on or because of the policy if the
claim or cause of action is based on forfeiture under this chapter and, at or before the
time of acquiring the ownership of real property,security interest in real property, or
lien interest against real property, the insured knew or reasonably should have
known of the act or omission giving rise to the forfeiture or that the act or omission
was likely to occur.
Art. 59.03. SEIZURE OF CONTRABAND. (a)Property subject to forfeiture under
this chapter may be seized by any peace officer under authority of a search warrant.
(b) Seizure of property subject to forfeiture may be made without warrant if
(1) the owner, operator, or agent in charge of the property knowingly consents,
(Q) the seizure is incident to a search to which the owner, operator, or agent in
charge of the property knowingly consents
(8) the property subject to seizure'has been the subject of a prior judgment in
favor of the state in a forfeiture proceeding under this chapter; or
(4) the seizure was incident to a lawful arrest, lawful search, or lawful search
incident to arrest.
(c) A peace officer who seizes property under this chapter has custody of the
property, subject only to replevy under Article 59.O2 of this code or an order of a
court. A peace officer 2vho has custody of property shall Trovide the attorney
representing the state with a sworn statement that con4'ciri4 a schedule of the property
seized, an aeknowledgmeni that the officer has seized the property, and a list of the
officer's reasons for the seizure. Not let,;-Than 72 hours after the seizure, the peace
officer shall-
(1) place the property under seal;
(2) remove the property to a place ordered by the court; or
(8) require a law enforcement agency of the state or a political subdivision to take
custody of the property and move it to a proper location.
Art 59.04. NOTIFICATION OF FORFEITURE PROCEEDING. (a) If a peace offi.
cer seizes property under this chapter, the attorney representing the state shall
commence proceedings under this section not later than the 80th day after the date of
the seizure.
(b) A forfeiture proceeding commences under this chapter when the attorney repre-
senting the state files a notice of the seizure and intended forfeiture in the name of
the state with the clerk of the district court in the county in which the seizure is made.
The attorney representing the state must attach to the notice the peace officer's sworn
statement under Article 59.05 of this coda The attorney representing the state shall
cause certified copies of the notice to be served an the following persona in the same
manner as provided for Me service of proem by citation in civil cases:
(1) the owner of the property, and
(9) any interest holder in the property.
(c) If the property is a motor vehicle, and if there is reasonable cause to believe that
the vehicle has been registered under the laws of this state, the attorney representing
Me state shall ask the State Department of Highways and Public 71ransportation to
identify from its records the record owner of the vehicle and any interest holder.
(d) tfthe property is a motor vehicle and is not registered in this state, the attorney
representing the state shall attempt to ascertain the name and address of the person
in whose name the vehicle is licensed in another state. If the vehicle is licensed in a
state that has a certificate of title law, the attorney representing the state shall
request the appropriate agency of that state to identify the record owner of the vehicle
and any interest holder. IAL REGI 0
C ARY
(e) If a ftnanr , statement is required by law to be filed ', perfect a security
interest affectirr#,Wse property, and if there is reasonable cit,_,.,: to believe that a
financing statement has been filed the attorney representing the state who com-
mences the proceedings shall ask the appropriate official designated by Chapter 9,
Business & Commerce Code, to identify the record owner of the property and the
person who it an interest holder.
(r) If the property is an aircraft or a part of an aircrgA and if then it reasonable
{" cause to believe that a perfected security instrument affects the property, the attorney
irepresenting the state shall request an administrator of the Federal Aviation Admin-
istration to identify from the records of that agency the record owner of the property
and the holder of the perfected security instrument.
(g) If the property is real property, the attorney representing the state, not later
than the third day q ter the date proceedings are commenced, shall file a lis pendens
notice describing the property with the county clerk of each county in which the
property is located
• (h) For all other property subject to forfeiture,tf there is reasonable cause to believe
that a perfected security instrument affects the property, the attorneyrepresenting
the state shall make a good faith inquiry to identify the holder of the perfected
security instrument.
rt) 77te attorney representing the state who commences the proceedings shall cause
the owner and any interest holder to be named as a party and to be served with
citation as provided by the Teras Rules of Civil Procedure.
(j) A person who was in possession-of the property at the time it was seised shall be
made a party to the proceeding.
(k) If no person was in possession of the property at the time it was seised, and if
1 the owner of the property is unknown, the attorney i cps cut ting the state shall file
with the clerk of the court in which the proceedings are pending an g01davit stating
that no person was in possession of the property at the time it was seised and that the
owner of the property is unknowns The clerk of the court shall issue a citation for
service by publication addressed to Me Unknown Owner of_,"filling in the
blank space with a reasonao�, '-faileddescription-of the proverty subject to forfei-
ture. The citation must contain , .requisites prc, .,wed by and be served as
provided by Rules 114, 115, and 116, ' ales of Civil Prneedura
(1) Proceedings commenced under this chapt-r may not proceed to hearing unless
the judge who is to conduct the hearing is satin:_.: -title has been complied
with and that the attorney representing the state will introduce into evidence at the
hearing any answer received from an inquiry required by Subsections (cRA)of this
article.
Art. $9.05. FORFEITURE HEARING. (a)All parties must comply with the rules of
pleading as required in civil suits. `
(b) All cases under this chapter shall proceed to trial in the same manner as in
other civil cases. The state has the burden of proving by a preponderance of the
evidence that property is subject to forfeiture. _
(c) It is an affirmative defense to forfeiture under this chapter of property belong-
ing to the spouse of a person whose acts gave rise to the seizure of community
property that, because of an act of family violence,as defined by Section 71.01,Family
Code, the spouse was unable to-p,on, t the act giving rise to the seizure.
(d) A final conviction for an underlying felony is not a requirrement for forfeiture
under this chapter. An owner or interest holder may present evidence of a dismissal
or acquittal of an underlying felony in a forfeiture proceeding, and evidence of an
acquittal raises a presumption that the property or interest that is the subject of the
hearing is nonforfeitable. ?Itis presumption can be rebutted by evidence that the
owner or interest holder knew or should_have known that the property was contra.
band
1 (e) If the court finds that all or any part of the property is subject to forfeitury am
judge shall forfeit the property to the state, with the attorney representing the state as
the agent for the state, except that if the courtAnds that the nonforfeitable interest of
j an into, holder in the property is valued in an amount greater than or substan.
f tially equal to the present value of the property, the court shall order the property
released to the interest holder. If the court finds that the nonforfeitable interest of an
interest holder is valued in an amount substantially less than the present value of the
1 4
DFFI7' .
i M�7
i f!74
property and the property is subject to forfeiture, th�,�rrurt shall order the
property forfeitv,I to the state with the attorney representing-the state acting as the
agent of the state, and making necessary orders to protect the nonforfeitable interest
of the interest holder. On final judgment of forfeiture, the attorney representing the
state shall dispose of the property in the manner required by Article 59.06 of this code.
Art. 59.06. DISPOSITION OF FORFEITED PROPERTY. (a)All forfeited property
shall be administered by the attorney representing the state, acting as the agent of the
state, in accordance with accepted accounting practices and with the provisions of any
local agreement entered into between the attorney representing the state and law
enforcement agencies. If a local agreement has not been executed, the property shall
be sold on the 75th day after the date of the final judgment of forfeiture at public
auction under the direction of the county sheriff,.after notice of public auction as
provided by law for other sheriffs sales. The proceeds of the sale shall be distributed
as follow:
(1) to any interest holder to the extent of the interest holder's nonforfeitable
interest; and
(2) the balance, if any, after deductions of all storage and disposal costs, to be
deposited not later than the 30th day after the date of the sale in the state treasury
to the credit of the general revenue fiend.
(b) If local agreement exists between the attorney representing the state and law
enforcement agencies, the attorney representing the state may transfer the property
to law enforcement agencies to maintain, repair, use, and operate a property for
official purposes if as property is free of any interest of an interest holder. 77ce
agency receiving the forfeited property may purchase the interest of an interest
holder so that the property can be released for use by the agency. The agency
receiving the forfeited property maintain, air use and operate the property
with money appropriated for current opera :ons. a property is a motor vehicle
subject to registration under the motor vehicle registration laws of this state, the
agency receive thvehicle is considered to be the purchaser and the
t tale o ti issue to the agency. The agency at any time may transfer the
property to a municipal or county laic enforcement agency for the use of that agency.
(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
e according to the terms of the agreement into one or more of the following funds:
(1) a special fund in the county treasua 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 au!2osesti
(J) a special fund in the county treasury if distributed to a county law enforce-
ment agency, to be used solely for law enforcement purposes or
(4) a specialfund and in the state law enforcement agency if distributed to a state law
enforcement agency, to be used solely for law enforcement purposes.
(d) Proceeds awarded under this chapter to a law enforcement agency or to the
attorney representing the state may be spent by the agency or the attorney after a
budget for the expenditure of the proceeds has been submitted to the commissioners
court or governing bodl of the municipality. Tle budget must be detailed and clearly
list and defineethe categories of expenditures, but may not list details that would
endanger the security of an investigation or prosecution. Expenditures are subject to
audit previsions established under this article. A commissioners court or governing
body of a municipality t use the existence of an award to offsel or decrease
tat salarie&samatsand alrowa�ncesMata attornev receives ram
tahL&gmmissioners court te time
awarded 77te hedd-of as agency or attorney representing the state may not use the
existence of an award to increase a salary, expense, or allowance for an employee of
the attorney or agency who is budgeted by the commissioners court or governing body
- unless the commissioners court or governing body first approves the expenditure.
(e) On the sale of contraband under this article, the appropriate state agency shall
issue a eerie Beate of title to the recipient if a certificate of title is required for the
property by other laic.
OFfiCi,�l �3�CC�D
CITY
(0 A final judr--enl of forfeiture under this chapter perfects title of the state to
the property as ke date that the contraband was seized or vwdate the forfeiture
action was filed, AAr occurred first, except that ;f the property forfeited is nal
property, the title is perfected as of the date a notice of lis pendens is filed on the
,property.
(g) All law enforcement agencies and attorneys representing the state who receive
proceeds or property under this chapter shall account for the receipt and disburse-
ment of all such proceeds and property in an audit which is to be performed
annually by the commissioners court or governing body of a municipality, as
appropriate. Certified copies of the audit shall be delivered to the attorney general
and to the governor no later than 30 days after the audit is completed.
Art. 59.07. IMMUNITY. This chapter does not impose any additional liability on
any authorized state, county, or municipal officer engaged in the lawful performance
of the officer's duties.
Art. 59.08. DEPOSIT OF MONEY PENDING DISPOSITION. (a) ,(f money that is
contraband is seized, the attorney representing the state may deposit the money in an
interest-bearing bank account in the jurisdiction of the attorney representing da
state until a final judgment is rendered concerning the contraband.
(b) If a final judgment is rendered concerning contraband, money that has been
placed in an interest-bearing bank account under Subsection (a)of this article shall
be distributed in the same manner as proceeds are distributed under Article 59.06 of
this code, with any interest being distributed in the same manner and used for the
same purpose as the principal.
Art 59.09. RIGHT TO ATTORNEY NOT TO BE ABRIDGED. This chapter is not
intended to abridge an accused person's right to counsel in a criminal case.
Art. 59.10. ELECTION OF LAWS. If property is subject to forfeiture under this .
chapter and under any other law of this state, the attorney representing the state may
bring forfeiture proceedings under either law.
SECTION 2. Section 18.01, Code of Criminal Procedure, is amended by adding
Subsections (g) and (h) to read as follows:
(g) A search warrant may not be issued under Subdivision(18),Article 18.0,1~ of this
code unless the sworn affidavit required by Subsection (b) of this article sets forth
sufficient facts to establish probable cause that a specific felony offense has been
committed and that the specifically described property or items that are to be
searched for or seized constitute contraband as defined in Article 59.01 of this code
and are located at or on the particular person, place, or thing to be searched.
(h) Only a judge of a municipal court of record who is an attorney licensed by the
state or a judge of a statutory county court, district court, the court of criminal
appeals, or the supreme court may issue a warrant under Subdivision (19A Article
18.02, of this code.
SECTION 3. Article 18.02, Code of Criminal Procedure,is amended to read as follows:
Art 18.02. GROUNDS FOR ISSUANCE. A search warrant may be issued to search
for and seize:
(1) property acquired by theft or in any other manner which makes its acquisition a
penal offense;
(2) property specially designed, made, or adapted for or commonly used in the
1 commission of an offense;
1 (3) arms and munitions kept or prepared for the purposes of insurrection or riot;
(4) weapons prohibited by the Penal Code;
! (5) gambling devices or equipment. altered gambling equipment, or gambling pan•
phernalia;
(6) obscene materials kept or prepared for commercial distribution or exhibition,
subject to the additional rules set forth by law;
Cn drugs kept, prepared, or manufactured in violation of the laws of this state;
(8) any property the possession of which is prohibited by law;
(9) implements or instruments used in the commission of s crime;.
(10) property or items, except the personal writings by the accused, constituting
evidence of an offense or constituting evidence tending to show that a particular person
committed an offense; [os]
(11) persons; or
(M) contraband subject to forfeiture under Chapter 59 of this code.
0��lC���l. R����D
�To �aaORTR, TEE.
SECTION 4. . kticle 18.17(x), Code of Criminal Procedure,V amended to read as
follows:
(a) All unclaimed or abandoned personal property of every kind, other than contra-
band subject to forfeiture under Chapter 59 of this code and[except]whiskey,wine and
beer,seized by any peace officer in the State of Texas which is not held as evidence to be
used in any pending case and has not been ordered destroyed or returned to the person
entitled to possession of the same by a magistrate, which shall remain unclaimed for a
period of 30 days shall be delivered for sale to the purchasing agent of the municipality or
county in which the property was seized. If a peace officer of a municipality seizes the
property, the peace officer shall deliver the property to the purchasing agent of the
municipality. If any other peace officer seizes the property, the peace officer shall
deliver.the property to the purchasing agent of the county. If the county has no
purchasing agent, then such property shall be sold by the sheriff of the county.
SECTION 5. (a) Section 481.159, Health and Safety Code, is amended to read as
(� �y follows:
7 ���b,� Sec. 481.159. DISPOSITION OF CONTROLLED SUBSTANCE, RAW MATERIAL,
R DRUG PARAPHERNALIA.(a)If a district court orders the forfeiture of a controlled
substance, raw material, or drug paraphernalia under Chapter 59, Code of Criminal
Procedure, the court shall also order a law enforcement agency to:
(1) retain the property for its official purposes, including use in the investigation of
offenses under this chapter,
(2) deliver the property to a government agency or department for official purposes;
1 (3) deliver the property to a person authorized by the court to receive it;
(4) deliver the property.to a person authorized by the director to receive it for a
purpose described by Section 481.065(a); or
(5) destroy the property that is not otherwise disposed of in the manner prescribed by
Section 481.160.
(b) The district court may not require thi Department of Public Safety to receive,
analyse, or retain controlled substances or raw materials forfeited to a law enforce-
ment agency other than the department.
(c) In order to ensure that controlled substances or raw materials are not diluted,
substituted or tampered with while being used in the investigation of offenses under
this chapter, law enforcement agencies using substances or materials for this purpose
shall:
(1) employ a qualified individual to conduct qualitative and quantitative analy-
ses of the substances or materials before and after their use in an investigation;
i (S) maintain the substances or materials in a secure storage area accessible only
to the law enforcement agency head and the individual responsible for analyzing,
preserving, and maintaining security over the substances or materials; and
(8).maintain a log documenting:
(A) the date of issue, date of return, type, amount, and concentration of
substances or materials used in an investigation; and
(B) the signature and the printed or typed name of the peace officer to whom
the material or substance was issued and the signature and the printed or typed
name of the individual issuing the substance or material.
(d) A law enforcement agency may adopt a written policy with more stringent
requirements than those required by Subsection(e). The Department of Public Safety
may enter and inspect, in accordance with Section 481.181, a location at which an
agency maintains records,controlled substances, or raw materials as required by this
section.
(e) If a law enforcement agency uses controlled substances or raw materials in the
investigation of an offense under this chapter and the substance or material has been
transported across state lines before the forfeiture, the agency shall cooperate with a
federal agency in the investigation if requested to do so by the federal agency.
(b) In addition to the new changes made in law made by this section relating to the use
of certain property forfeited under Chapter 59, Code of Criminal Procedure, this section
conforms certain provisions of the Health and Safety Code relating to the disposition of
controlled substances, raw material, and drug paraphernalia to changes made in the law
by Section 1 of House Bill No. 989, Acts of the 71st Legislature, Regular Session, 1989.
OFFICIAL RECORD
CITY KIJN ARA Y
FT. " FX.
(c) Section 1 of Huse Bill No. 989,Acts of the 71st Legislature,ReVIar Session, 1989,
is repealed.
SECTION 6. Sections 481.151,481.153,481.154,481.155,481.166,481.157,and 481.158,
Health and Safety Code, are repealed.
SECTION 7. The change in law made by Sections 1, Z, 8, 4, and 5 of this Act applies
only to property that becomes contraband on or after the effective date of this Act.
Property that became contraband before that date is covered by the law in effect when it
became contraband, and the former law is continued in effect for this purpose.
Effective Oct 18, 1989, 90 days attar date of adjaarxnent.
UNIT
CITY SE CII I- tillyy
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