(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.

Source Note: The provisions of this §1.251 adopted to be effective May 10, 2000, 25 TexReg 4189