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
Object Type
Cash — Health
Origin Date
1979 by S.B., 66th Leg.
Description
(1) Receipts originate from the seizure of all money, certificates of deposit, securities, negotiable instruments, stocks, bonds, businesses or business investments, contractual rights or other things of value used or intended for use derived from the sale, manufacture, distribution, dispensation, delivery or other commercial undertaking violating the Controlled Substances Act. (For forfeited property see Revenue Code 3582.)
(2) Awards of proceeds to the Attorney General were specifically rededicated to the GR Account 5006 - Attorney General Law Enforcement 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 contraband forfeiture related to stash houses and human trafficking.
(5) 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
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Leg., 1st C.S. moved disposition of forfeited property statutes from Health and Safety Code, Sec. 481.155 - 481.158 (repealed) to Code of Criminal Procedure, Art. 59.06.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.
Government Code 431.046 recodified to 437.253 by S.B. 1536, 83rd Leg., R.S.
(4) added by H.B. 2613, 86th Leg., R.S.
(5) Forfeitures related to racketeering added by H.B. 4635, 88th Leg., R.S.
USAS Values
Appropriation Year | 25 |
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USAS Title | CONTROLLED SUBSTANCE ACT FORFEIT MONEY |
Receipt Category | 12 – Health |
Receipt Type | 91 – Settlement of Claims |
Object Group | 30 – Revenues |
USAS Status | A |
Rev/Exp Category | 22 – SETTLEMENTS OF CLAIMS |