§ 140B.152.Distribution of Remaining Money

Title 6. Miscellaneous Provisions · Chapter 140B. Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection · Subchapter D. Disposition of Funds Obtained Through Forfeiture Actions · Last amended 2023 · Last verified August 29, 2026

In one sentenceSection 140B.152 splits what remains 25 percent to the filing office, 25 percent to the investigating agency and 50 percent to general revenue, apportioned pro rata by the court.

Full Text of § 140B.152

Text sizeJump to: (a) (b) (c) (d) (e)

(a)Following satisfaction of all valid claims under Section 140B.151, the remaining money obtained in the forfeiture proceeding shall be deposited as follows:

(1)25 percent into the appropriate trust fund of the attorney general or local prosecutor's office that filed the civil forfeiture action as provided by Subsection (c);

(2)25 percent into the applicable law enforcement trust fund of the investigative agency that conducted the investigation that resulted in or significantly contributed to the forfeiture of the property as provided by Subsection (d); and

(3)50 percent into the general revenue fund.

(b)If a forfeiture action is filed by the attorney general or a local prosecutor, the court entering the judgment of forfeiture shall, taking into account the overall effort and contribution to the investigation and forfeiture action by the agencies that filed the action, make a pro rata apportionment among those agencies of the money available for distribution to those agencies as provided by this subchapter. If multiple investigative agencies have contributed to the forfeiture of the property, the court that entered the judgment of forfeiture shall, taking into account the overall effort and contribution of the agencies to the investigation and forfeiture action, make a pro rata apportionment among those investigative agencies of the money available for distribution to the investigative agencies as provided by this subchapter.

(c)If a forfeiture action is filed by the attorney general, any money obtained by the attorney general under this section shall be deposited in the same manner described by Article 59.06(k)(3), Code of Criminal Procedure, and may be expended for the purposes and in the manner authorized by that section.

(d)If a forfeiture action is filed by a district or county attorney, any money obtained by the district or county attorney's office under this section may be used to pay the costs of investigations under Subchapter B and the resulting criminal prosecutions and civil actions. Such costs may include:

(1)all taxable costs;

(2)costs of protecting, maintaining, and forfeiting the property;

(3)employees' base salaries and compensation for overtime; and

(4)other costs that are directly attributable to the investigation, prosecution, or civil action.

(e)Any money distributed to an investigative agency under Subsection (a) shall be deposited in the applicable law enforcement fund or account established for that agency and expended for the purposes and in the manner authorized for that fund or account. In addition, any money distributed to an investigative agency under this section may be used to pay the costs of investigations under Subchapter B and the resulting criminal prosecutions and civil actions. Such costs may include:

(1)all taxable costs;

(2)costs of protecting, maintaining, and forfeiting the property;

(3)employees' base salaries and compensation for overtime; and

(4)other costs directly attributable to the investigation, prosecution, or civil action.

End

Plain-English Summary

The revenue-sharing formula, and the court rather than the agencies decides who gets what.

Following satisfaction of all valid claims under the preceding section, the remaining money is deposited: 25 percent into the trust fund of the attorney general or local prosecutor’s office that filed the action; 25 percent into the law enforcement trust fund of the investigative agency whose investigation resulted in or significantly contributed to the forfeiture; and 50 percent into the general revenue fund.

Half to general revenue is the structural safeguard. The offices doing the work keep a quarter each; the largest share goes where no participant controls it.

The two quarters answer to different contributions — filing the action, and conducting the investigation — which are often different offices.

Subsection (b) hands apportionment to the court, twice over. Where several agencies filed, the court makes a pro rata apportionment taking into account the overall effort and contribution; where several investigative agencies contributed, the court does the same for their quarter.

Judicial apportionment is what keeps this from being self-dealing. The court that entered the forfeiture judgment saw the case and decides who contributed what.

Subsections (c) to (e) govern spending. Money reaching the attorney general is deposited and expended as provided by Article 59.06(k)(3), Code of Criminal Procedure. Money reaching a district or county attorney, or an investigative agency, may be used to pay the costs of investigations under Subchapter B and the resulting criminal prosecutions and civil actions.

Four categories of cost are listed: all taxable costs; costs of protecting, maintaining, and forfeiting the property; employees’ base salaries and compensation for overtime; and other costs directly attributable to the investigation, prosecution, or civil action.

Base salaries being payable is the notable inclusion, since forfeiture proceeds can then fund existing positions rather than only marginal expenses.

Frequently Asked Questions

How is the remaining money divided?

25 percent to the office that filed, 25 percent to the investigating agency, and 50 percent to the general revenue fund.

Who decides each agency’s share?

The court that entered the judgment, pro rata, taking into account each agency’s overall effort and contribution.

What can the money be spent on?

Taxable costs, the costs of protecting and forfeiting property, employees’ base salaries and overtime, and other costs directly attributable to the case.

Amendment History

Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source