Issue Date:
Revised Date: 2019-09-01

Legal Cites

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. 

Due Date

As remitted by the district clerk.

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Leg., 1st C.S. moved disposition of forfeited property statutes from Health and Safety Code, Sec. 481.155 - 481.158 (repealed) to Code of Criminal Procedure, Art. 59.06.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 Leg., R.S. repealed Government Code 431.046 and recodified as 437.253.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.

USAS Values

Appropriation Year 20
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