Frequently Asked Questions
Asset Forfeiture Forms

WHO IS REQUIRED TO FILL OUT THIS FORM?

Any agency that has the authority to receive property forfeited under Chapter 59 of the Code of Criminal Procedure or has the authority to hire peace officers is required to fill out this form and return to the Office of the Attorney General (OAG). This includes but is not limited to:


    1) Airport Police
    2) City Attorney*
    3) City Marshal
    4) Constables
    5) County Attorney
    6) District Attorneys
    7) Fire Departments / Fire Marshal
    8) Hospital Districts
    9) Police Departments
    10) Public Universities and Junior Colleges
    11) School Districts with Police Departments
    12) Sheriff Departments
    13) State Agencies
    14) Task Forces
    15) Water Districts

* City attorneys are only required to fill out this form if their city has a population over 250,000.


WHO IS REQUIRED TO PERFORM THE AUDIT?

If an agency is governed by a Commissioner’s Court or City Council, the Commissioners Court or City Council is required to perform the audit pursuant to Art. 59.06(g)(1) of the Code of Criminal Procedure. For attorneys representing the state, this means that the Commissioners Court shall perform the audit (in a multi-county district, all commissioners courts in the district shall perform the audit).


MY AGENCY IS REQUIRED TO FILL OUT THE FORM, BUT DOESN'T SEIZE ANY ASSETS - WHAT DO I DO?

You may use the Chapter 59.069(l) Certification or simply fill out the form with zeros, sign, and return to the OAG.


WHEN IS THE REPORT DUE?

Per the statute the report is due 60 days after the end of the agency’s fiscal year except for District Attorneys. District Attorney reports are due 60 days after the end of the state fiscal year (08/31). The OAG may give one fifteen day extension.


WHAT TYPE OF SEIZURES AND EXPENDITURES TO REPORT:

You are only required to report those seizures made pursuant to Chapter 59 of the Code of Criminal Procedure. You are only required to report those expenditures made out of funds forfeited pursuant to Chapter 59. You do not report federal seizures on this form.


WHAT IF I HAVE CONFIDENTIAL EXPENDITURES THAT MIGHT COMPROMISE INVESTIGATIONS IF DETAILED IN THE REPORT?

If breaking out confidential informant payments and buy money as shown on the form might compromise investigations, please fill out only the Total Investigative Costs line and attach an explanation of the reasons for this to the report.

 

Revised: June 24 2011