THE 

## ATTORNEY GENERAL OF TEXAS

October21,1987

Honorable Roy Blake Chairman Administration Committee Texas State Senate P. 0.Box 12068 Austin, Texas 78711 Opinion No.m-813

Re: Whether money obtained byasheriff as aresult of the confiscation ofcontraband may beused to purchase apatrol car

Dear Senator Blake:

You askwhether money the sheriff's office obtained as the result of the sale ofan airplane confiscated in a marijuana raid may be expended for the purchase of a patrol car for the Cherokee County Sheriff's office.
Section 5.08, article 4476-15, V.T.C.S., provides:
(f)All money, securities, certificates ofdeposit, negotiable instruments, stocks, bonds, businesses orbusiness investments, contractual rights, real estate, personal property and other things ofvalue, and the proceeds from the sale of an item described inthis subsection that are forfeited to the seizing agencies ofthe state oran agency oroffice ofaDolitical subdivision of the state authorized bv law to emDlov Deace officers shall be deDosited in a sDecia1 fund to be administered bv the seizing asencies or office to which thev are forfeited. Except as otherwise provided by this subsection', exDenditures from this fund shall beused solelv for the investisation ofanv alleaed violations of the criminal laws of this state. The director of an agency of the state may use not more than 10 percent of the amount credited to the fund for the prevention of drug abuse and for treatment of persons with drug-related problems. The director of an agency or office ofa political subdivision that has

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received funds under this section shall comply with the request of the governing body of the political subdivision todeposit not more than 10 percent of the amount credited to the fund into the treasury of the subdivision. The governing body of the subdivision shall use the funds received for the prevention of drug abuse and for treatment of persons with drug-related problems. Nothing inthis subsection shall be construed todecrease the total salaries, expenses, and allowances which anagency or office isreceiving from other sources ator from the time this subsection takes effect.

Wewill assume that the forfeiture of the airplane to the sheriff's office was incompliance with the procedures prescribed inarticle 4476-15.
Sheriffs and their deputies are peace officers as that term isdefined inarticle 2.12(l) ofthe Texas Code ofCriminal Procedure. Sheriffs have the authority to ;q;int deputies for their respective counties. Articles
offibe6869b and 6869f, V.T.C.S. Thus, the sheriff's

isanoffice ofapolitical subdivision authorized by law to employ peace officers.

The legislature has made itclear in section 5.08 that expenditures from this fund shall beused solely for the investigation of any alleged violations of the criminal law. While the sheriff may use apatrol car in the investigation of criminal law violations, he is charged with other noncriminal law duties which involve the use ofa car, such as the service of civil process. Tex. R. Civ. Proc. R. 15. This office is not in a position to determine whether acar purchased by the sheriff from such funds will be used solely for alleged violations of the criminal law.

SUMMARY Expenditures from a fund the Sheriff of Cherokee County has received from forfeitures under section 5.08, article 4476-15, V.T.C.S. shalI be used solely 

### for the investigation ofany alleged violations of the criminal law. This office isnot in a position to determine whether a car

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purchased from such funds will be used solely for alleged violations of the law.

JIM MATTOX Attorney General ofTexas

NARY KELLER Executive Assistant Attorney General

JUDCE ZOLLIE STEAKLEY Special Assistant Attorney General

RICK GILPIN Chairman, Opinion Committee
Prepared by Tom G. Davis Assistant Attorney Gen,eral

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