2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 59 - Forfeiture of Contraband › Article 59.062. Enforcement

(a)  In the name of the state, the attorney general may institute in a district court in Travis County or in a county served by the law enforcement agency or attorney representing the state, as applicable, a suit for injunctive relief, to recover a civil penalty, or for both injunctive relief and a civil penalty if the results of an audit or investigation under Article 59.061 indicate that the law enforcement agency or attorney representing the state has knowingly violated or is knowingly violating a provision of this chapter relating to the disposition of proceeds or property received under this chapter.
(b)  On application for injunctive relief and a finding that the law enforcement agency or attorney representing the state is knowingly violating a provision of this chapter relating to the disposition of proceeds or property received under this chapter, the district court shall grant the injunctive relief the facts may warrant, without requirement for bond.
(c)  A law enforcement agency or attorney representing the state who knowingly commits a violation described by Subsection (a) is liable to the state for a civil penalty in an amount not to exceed $100,000 as determined by the district court to be appropriate for the nature and seriousness of the violation.  In determining an appropriate penalty for the violation, the court shall consider:
(1)  any previous violations committed by the agency or attorney;
(2)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(3)  the demonstrated good faith of the agency or attorney; and
(4)  the amount necessary to deter future violations.
(d)  If the attorney general brings a suit under this article and an injunction is granted or a civil penalty is imposed, the attorney general may recover reasonable expenses, court costs, investigative costs, and attorney's fees.
(e)  Notwithstanding any other provision of this article, a law enforcement agency or attorney representing the state ordered to pay a civil penalty, expense, cost, or fee under this article shall make the payment out of money available in any fund established by the agency or attorney, as applicable, for the purpose of administering proceeds or property received under this chapter.  If sufficient money is not available to make payment in full at the time the court enters an order requiring payment, the agency or attorney shall continue to make payments out of money available in any fund described by this subsection until the payment is made in full.
(f)  A civil penalty collected under this article shall be deposited to the credit of the drug court account in the general revenue fund to help fund specialty court programs established under Chapter 122, 123, 124, 125, or 129, Government Code, or former law.
(g)  A law enforcement agency or attorney representing the state is immune from liability under this article if the agency or attorney reasonably relied on:
(1)  the advice, consent, or approval of an entity that conducts an audit of the agency or attorney under this chapter; or
(2)  a written opinion of the attorney general relating to:
(A)  the statute or other provision of law the agency or attorney is alleged to have knowingly violated; or
(B)  a fact situation that is substantially similar to the fact situation in which the agency or attorney is involved.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1321 (S.B. 316), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 2.02, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 369 (H.B. 3391), Sec. 2, eff. September 1, 2017.