Issue Date: | |
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Revised Date: | 2023-09-01 |
Legal Citations
- Civil Practice and Remedies Code sec. 140B.152
- Code of Criminal Procedure art. 59.06
- Government Code sec. 437.253
- Health and Safety Code sec. 481.151, sec. 481.152, sec. 481.153, sec. 481.154, sec. 481.159, sec. 482.004
- Occupations Code sec. 556.107
- Alcoholic Beverage Code sec. 5.371
Object Type
Cash — Health
Origin Date
1973 by the 63rd Leg., et al.
Description
(1) These receipts originate from the sale of forfeited property used or intended for use in violations of the controlled substances act. Property seized and subject to forfeiture includes raw materials, products, equipment, containers, books, research products, materials, formulas, microfilm, tapes, any conveyance including aircraft vehicles, vessels, trailers and railroad cars, real estate, personal property businesses or business investments. Property forfeited shall be sold and the proceeds of the sale less amounts required for disposition of liens, storage, court costs, etc. are deposited. (For forfeited money, see Revenue Code 3583.)
(2) Awards of proceeds to the Attorney General were specifically rededicated to the GR Account - Attorney Law Enforcement (No. 5006) by H.B. 3050, 74th Leg., R.S.
(3) Proceeds from seizure of contraband by a multi-county, county or municipality drug task force that is not established in accordance with § 362.004, Local Government Code or that fails to comply with DPS policy and procedure to be forwarded to the Comptroller for deposit.
(4) Proceeds from sale of seized property related to pharmacy facilities.
(5) Proceeds from contraband forfeiture related to stash houses and human trafficking.
(6) After all valid claims are satisfied, remaining forfeiture money related to a racketeering offense is deposited:
- 25% to GR Account 0469 – Compensation to Victims of Crime
- 25% to law enforcement trust fund of the main investigative agency
- 50% to General Revenue
Due Date
As remitted by the district clerk.
Collecting Agencies
Deposit Funds
Note
Amended by S.B. 639, 69th Leg., R.S.
H.B. 65, 71st Leg., 1st C.S. moved disposition of forfeited property statutes from Health and Safety Code, Sec. 481.155 - 481.158 (repealed) to Code of Criminal Procedure, Art. 59.06.
Previously deposited to the Controlled Substances Fund Account (0098), abolished 8-31-95 per § 403.094 Government Code.
(3) added by H.B. 1239, 79th Leg., R.S.
S.B. 316, 82nd Leg., R.S., eff. 9-1-11 attempted to allow the state attorney, in a local agreement with DPS, Agency 405, to transfer property to the department, allocate money to special funds with the department or county, deposit 30% to the General Revenue Fund (No. 0001). This would happen when a default judgment is rendered in favor of the state. Dedications were not exempted in the funds consolidation bill (S.B. 1588), so the revenue will all be deposited to GR (0001).
S.B. 1536, 83rd. Leg., R.S. repealed Government Code 431.046 and recodified as 437.253.
(5) added by H.B. 2613, 86th Leg., R.S.
(6) Forfeitures related to racketeering added by H.B. 4635, 88th Leg., R.S.
USAS Values
Appropriation Year | 25 |
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USAS Title | CONTRLD SUBST ACT FORFEIT PROP SALES |
Receipt Category | 12 – Health |
Receipt Type | 90 – Other Receipts |
Object Group | 30 – Revenues |
USAS Status | A |
Rev/Exp Category | 05 – OTHER REVENUE |