1-1 By: Cain (Senate Sponsor - West) H.B. No. 2766
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on Criminal
1-4 Justice; May 25, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; May 25, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR H.B. No. 2766 By: West
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to an audit of the proceeds of criminal asset forfeitures.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Section 59.06(g), Code of Criminal Procedure, is
1-22 amended to read as follows:
1-23 (g) All law enforcement agencies and attorneys representing
1-24 the state who receive proceeds or property under this chapter shall
1-25 account for the seizure, receipt, and disbursement of all such
1-26 proceeds and property in an audit, which is to be performed
1-27 annually by the commissioners court or governing body of a
1-28 municipality, as appropriate. The audit shall be completed on a
1-29 form provided by the Criminal Justice Division of the Governor's
1-30 Office. Certified copies of the audit shall be delivered by the
1-31 law enforcement agency or attorney representing the state to the
1-32 Criminal Justice Division of the Governor's Office <to the attorney
1-33 general and to the governor> no later than 30 days after the audit
1-34 is completed.
1-35 SECTION 2. The importance of this legislation and the
1-36 crowded condition of the calendars in both houses create an
1-37 emergency and an imperative public necessity that the
1-38 constitutional rule requiring bills to be read on three several
1-39 days in each house be suspended, and this rule is hereby suspended,
1-40 and that this Act take effect and be in force from and after its
1-41 passage, and it is so enacted.
1-42 * * * * *
1-43 Austin,
1-44 Texas
1-45 May 25, 1993
1-46 Hon. Bob Bullock
1-47 President of the Senate
1-48 Sir:
1-49 We, your Committee on Criminal Justice to which was referred H.B.
1-50 No. 2766, have had the same under consideration, and I am
1-51 instructed to report it back to the Senate with the recommendation
1-52 that it do not pass, but that the Committee Substitute adopted in
1-53 lieu thereof do pass and be printed.
1-54 Whitmire,
1-55 Chairman
1-56 * * * * *
1-57 WITNESSES
1-58 FOR AGAINST ON
1-59 ___________________________________________________________________
1-60 Name: Melissa Todd x
1-61 Representing: Texas Attorney General
1-62 City: Austin
1-63 -------------------------------------------------------------------
1-64 Name: Tom Krampitz x
1-65 Representing: Tx. Dist. and Co. Att'y Assoc
1-66 City: Austin
1-67 -------------------------------------------------------------------
1-68 Name: James A. Gunnels x
2-1 Representing: U.S. Gov't/GSA-FPS
2-2 City: Ft. Worth
2-3 -------------------------------------------------------------------
2-4 Name: Gilbert N. Russo x
2-5 Representing: U.S. Gov't - GSA/FPS
2-6 City: Ft. Worth
2-7 -------------------------------------------------------------------
2-8 Name: David M. Cobos x
2-9 Representing: Gov's Off., Crime Stoppers
2-10 City: Austin
2-11 -------------------------------------------------------------------