JLC C.S.S.B. 987 75(R)    BILL ANALYSIS


APPROPRIATIONS
C.S.S.B. 987
By: Moncrief (Gallego)
5-9-97
Committee Report (Substituted)



BACKGROUND 

The Texas Crime Victims' Compensation Fund was created in 1979 to serve as
a financial safety net for victims of crime.  The primary purpose of the
fund is to reimburse victims for any out of pocket expenses incurred as a
result of crime.  The money in the fund comes directly from convicted
offenders in the form of court costs and other fees.  Administration of
the Fund is governed by the Subchapter B, Code of Criminal Procedure, the
Crime Victim's Compensation Act. 

During the 73rd Regular Legislative Session, the Act was amended to
increase the amount paid by offenders into the fund.  As a result, the
monies in the fund have steadily increased over the past three years.
These additional dollars have allowed the legislature to expand the
program, thereby reaching a greater number of victims with more
assistance. 

Currently, the amount of monies deposited to the credit of the fund
exceeds the amount of monies necessary to provide compensation to victims
of crime, while other victim-related needs go unfulfilled.  State
agencies, other than the Attorney General, that also provide crime
victimrelated assistance are under funded, while monies that could provide
assistance in a form other than compensation are unspent. 

PURPOSE

H.B. 2628 allows for excess money in the Victims of Crime Fund and the
Auxiliary Fund to be transferred to the general revenue fund.  This bill
allows the legislature to appropriate money from these funds to state
agencies delivering or funding victim-related services or assistance. 

RULEMAKING AUTHORITY

This bill grants additional rulemaking authority to the attorney general
in SECTION 2 (adding Article 56.541, Code of Criminal Procedure).  

SECTION BY SECTION ANALYSIS

SECTION 1.  Article 56.54, Code of Criminal Procedure is amended to allow
for funds from the compensation to victims of crime fund to be transferred
to the general revenue fund. 

Subsection (i) is added to allow the legislature to appropriate money in
the compensation to victims of crime fund or compensation to victims of
crime auxiliary fund to state agencies delivering or funding
victim-related services or assistance for the upcoming biennium.  This
allowance expires August 31, 1998. 

SECTION 2.  The attorney general shall estimate, before July 2 of each
year, the amount of money to be credited to the fund during the next
fiscal year and the amount expected to be obligated. 

If the attorney general estimates the amount credited to exceed
obligations by more than $100 million, the comptroller shall transfer all
funds over $100 million to the general revenue fund. 

 The attorney general may use the interest accrued on money in the funds
for grants or contracts supporting victim-related services or assistance,
and shall adopt the rules necessary to carry out these requirements. 

SECTION 3.  Effective date:  September 1, 1997.  The attorney general is
required to make the first estimates regarding the funds for the fiscal
year beginning September 1, 1998. 

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

Revises SECTION 1. (h) and (i) by eliminating the purposes of the funds
and the definition of victim which is defined elsewhere in the chapter. 

Adds a new SECTION 2. 

Deletes previous SECTION 2.  Making and exception.  Appropriation of
excess money for other crime VICTIM ASSISTANCE. 

Deletes previous SECTION 3.

Deletes previous SECTION 4.  FUGITIVE APPREHENSION ACCOUNT.

SECTION 5.  Becomes SECTION 3.  Effective date.  Deletes language to
transfer $8million to Fugitive Apprehension Account. 

Deletes previous SECTION 6. Which transfered $650,000 for DNA TESTING FUND.