The commission must set up a rule-based approval process for the department’s seized or forfeited asset dispositions, and the department must file annual and quarterly reports on those assets.
Sec. 411.0131. USE OF SEIZED AND FORFEITED ASSETS. (a) The commission by rule shall establish a process under which the commission approves all of the department's dispositions of assets seized or forfeited under state or federal law and received by or appropriated to the department. The commission shall adopt rules under this section in accordance with Chapter 2001. Before approving a disposition, the commission shall consider how the disposition supports priorities established in the department's strategic plan and whether the disposition complies with applicable federal guidelines. (b) The department shall file annually with the governor and the presiding officer of each house of the legislature a report on seized and forfeited assets. The report must include: (1) a summary of receipts, dispositions, and fund balances for the fiscal year derived from both federal and state sources; (2) regarding receipts, the court in which each case involving seized or forfeited assets was adjudicated, the nature and value of the assets, and the specific intended use of the assets; (3) regarding dispositions, the departmental control number and category, the division making the request, the specific item and amount requested, the amount the commission approved, and the actual amount expended per item; and (4) regarding planned dispositions, a description of the broad categories of anticipated dispositions and how they relate to the department's strategic plan. (c) The department shall, within 30 days after the end of each quarter, report and justify any dispositions of seized or forfeited assets during the quarter that: (1) differ from the planned dispositions reported under Subsection (b); and (2) were used for a purpose not considered a priority in the department's strategic plan or not required by law or applicable federal guidelines. Added by Acts 1999, 76th Leg., ch. 1189, Sec. 7, eff. Sept. 1, 1999.