AEZ C.S.H.B. 2257 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.H.B. 2257
By: Luna, Vilma
4-17-97
Committee Report (Substituted)

BACKGROUND 

All law enforcement entities who receive proceeds under Chapter 
59 are required to submit an 
accounting of forfeited property to the governor's office each 
year.  According to the Texas 
Commission on Law Enforcement Officer Standards and Education 
(TCLEOSE), there are 2,689 law 
enforcement agencies and attorneys representing the state. In 
1993 and 1994, 352 agencies reported 
a total of $33.7 million in forfeited assets.  The 1995 
accounting from the governor's office 
contained reports from 160 of these law enforcement agencies, and 
reported $2.6 million in seized 
assets.  his topic was the subject of interim studies during the 
73rd and 74th sessions.  Some of these 
recommendations are contained in H.B. 2257. It is impossible to 
accurately estimate the total value 
of forfeited property. There is no set date in the statute for 
the audit and there are no penalties for 
non-compliance.  Currently, there is no method for compiling 
reports to profile who is reporting and 
who is not reporting.

PURPOSE

CSHB 2257 would to establish a particular reporting period for an 
annual audit and require a specific 
due date for the annual audit. Provisions require the annual 
audit to account for both seizures and 
forfeitures, as well as the specific expenditures made from the 
proceeds of seizures and forfeitures. 
In addition, provisions require law enforcement agencies and 
attorneys representing the state to 
report no seizure or forfeiture activity during the reporting 
period.  This bill provides law 
enforcement agencies or attorneys representing the state to use 
proceeds from forfeitures to contract 
with and pay an appropriate entity to prepare the annual audit 
required by this chapter.
  
RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly 
grant any additional rulemaking 
authority to a state officer, department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.Amend Article 59.06, Code of Criminal Procedure, 
Disposition of forfeited 
property, by amending the following subsections:

Subsection (g) creates an annual audit for a law enforcement 
agency and requires that 
forfeiture and specific expenditure be included in the audit;

Subsection (j)  requires a law enforcement agency, or an attorney 
representing the state who 
does not receive proceeds or property under this chapter report 
that no proceeds or property 
was received. 

Subsection (k) allows the use of proceeds received under this 
chapter to contract with a 
person or entity to prepare an audit as required by Subsection 
(g). 

SECTION 2.The first audit and report as required by Article 59.06 
(g) and (j) shall cover a annual 
period not later than the 30th day after the date on which the 
annual period ends.

SECTION 3.Effective Date

SECTION 4. Emergency Clause.
 
COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill established an annual period for an audit for 
law enforcement agencies and attorneys 
receiving proceeds of property beginning January 1 and ending 
December 31.  The substitute states 
that the annual period of the audit for a law enforcement agency 
is the fiscal year of the appropriate 
county or municipality and the annual period for an attorney 
representing the state is the state fiscal