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Smith County Commissioners approved on Tuesday an equitable sharing agreement and leasing for taser software and set a public hearing for the road closure of County Road 3109.

The court approved the 2024 Federal Equitable Sharing Agreement and Certification for the Smith County Criminal District Attorney’s Office.

Asset Forfeiture Programs are law enforcement programs that “remove the tools of crime from criminal organizations, deprive wrongdoers of the proceeds of their crimes, recover property that may be used to compensate victims and deter crime,” according to a 2018 DOJ guide to equitable sharing.

One of the benefits of asset forfeiture is the potential to share federal forfeiture proceeds with cooperating state and local law enforcement agencies through equitable sharing, according to the guide.

“These are funds that are received because of illegal activity, so it either goes to the federal government, to us or back to the criminals,” said Thomas Wilson, Smith County assistant district attorney. “If we don’t approve this, this money goes back to the federal government for them to use however they see fit.”

Wilson said that this agreement allows the DA’s Office to use these funds for training, to help law enforcement, and to provide funds to law enforcement.

Pct. 3 Commissioner Terry Phillips said he doesn’t support programs like this, stating it is often abused similarly to forfeiture laws that allow law enforcement to seize property used in the commission of a crime or as a result of illegal activity.

Wilson clarified it is not just drug funds but justice funds from the Drug Enforcement Agency, Federal Bureau of Investigation and the Department of Treasury.

“Since we would lose it anyway, and it would wind up costing the taxpayer dollars, I’ll accept it that way, but this is not a good system to have,” Phillips said. “I don’t want it to go back to the government.”

Smith County Commissioners approved a lease agreement for 60 months with Axon Enterprise, Inc. for the Sheriff’s Office and Constable Precinct 2.

New tasers require updated software monitoring deployment, duration and testing. The software allows used equipment to be monitored regularly, and the lease helps the county with maintenance.

The county approved setting a public hearing for the closure of County Road 3109 in Precinct 3. The road is part of the homeowner’s property and only services the homeowner’s property. The hearing was scheduled for Jan. 9.

The commissioners also approved the Smith County Sexual Assault Response Team Biennial Summary. The Texas Legislature mandates county governments to create a Sexual Assault Response Team to create a statewide infrastructure of resources, awareness, connection and coordination to address sex crimes locally.

This was the first report submitted by the response team since its creation. The team is required to submit a report each biennium, Wilson said.

Commissioners approved the 2024 Republican and Democratic Primaries. Per the election code, Republican and Democratic party chairs, election administrator Michelle Allcon, and the Commissioners Court have to agree to hold a joint primary, Allcon said.

The court also accepted a grant for $89,388 from the U.S. Department of Justice, State Criminal Assistance Program, that will be used for “correctional purposes” only, such as overtime costs and medical and mental health services.

In other business:

Commissioners accepted completing the construction contract for road improvements to CR 2191 and CR 2192. The agreement was awarded for $1,068,732, and the final construction cost was $1,065, 709 wrestling in an underrun of $3,023. Improvements were made to 3.797 miles of roadway.

Commissioners accepted the completion of the construction contract for Bridge Replacement for CR 370 at Howell Lake. The agreement was awarded for $888,260, and the final cost was $771,420, resulting in an underrun of $116,840.

Commissioners accepted the acquisition of a 20-foot wide drainage easement from Helmuth E. and Gertrude Mey and another easement from Family of Faith Life Ministries for the paving and drainage improvements to CR 3179. An outfall drainage pipe must be installed for this easement to connect to an existing TxDOT storm sewer system.

Commissioners also approved a redesign of the Woodcrest Mobile Home Community.