AEZ H.B. 2829 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE H.B. 2829 By: Place 4-09-97 Committee Report (Unamended) BACKGROUND Under current law it is clear when a local Community Supervision and Corrections Department (CSCD) should remit an initial unclaimed restitution payment to the Comptroller, but unclear when to remit additional payments received. PURPOSE HB 2829 , ifas proposed, would clarify when local Community Supervision and Corrections Departments should transfer unclaimed restitution money to the Comptroller. 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. Amends Sections 76.013(a) and (b), Government Code, to state that the restitution money received should be immediately deposited in an interest-bearing account in the county treasury as required by Sec. 140.003(f), Local Government Code, and the department shall immediately notify the victim. The department is obligated to make a good faith effort to notify a victim that an unclaimed restitution payment exists. Not later than five years after initial notification to the victim, the department shall transfer all unclaimed restitution payments received to the Comptroller. Not later than 121 days after receipt of an additional restitution payment, the department shall transfer the subsequent payment to the Comptroller. The department may deduct 5% of the initial payment and 5% of any subsequent payment as a collection fee prior to transfer to the Comptroller. SECTION 2.The change in law applies only to the distribution of payments made after the effective date of the Act. Distribution of payments received before the effective date of this Act is covered by the law in effect when the payment was made. SECTION 3. Effective Date: September 1, 1997. SECTION 4. Emergency clause.