| (a) The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates otherwise:
(1) Asset - refers to currency, a negotiable instrument, real
property, tangible property, or other non-tangible property forfeited to the
department under state or federal law. The term does not include controlled
substance property or other contraband summarily forfeited or destroyed by
the department under Health and Safety Code, Chapters 481-485.
(2) Disposition - refers to the use, transfer, sale, expenditure,
or other disposition of an asset.
(b) Except as provided by Subsections (f) and (g) of this section,
the department shall obtain commission approval of a proposed asset disposition.
(c) If the intended disposition involves an asset other than
tangible property, the director or his designee shall submit a written request
to the commission for approval.
(d) The written request shall include a description of the
asset and its intended use.
(e) Before approving the disposition, the commission shall
consider:
(1) how the disposition supports priorities established by
the legislature in the department's strategic plan; and
(2) whether the disposition complies with applicable state
and federal guidelines.
(f) The commission, by this rule, delegates to each major division
chief its authority to approve the disposition of a forfeited asset that is
tangible property.
(g) An annual report will be submitted to the commission detailing
the disposition of all assets that are tangible property. This report shall
include a statement of:
(1) how the disposition supports priorities established by
the legislature in the department's strategic plan; and
(2) whether the disposition complies with applicable state
and federal guidelines.
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