1-1 AN ACT
1-2 relating to the audit required for forfeited property and proceeds
1-3 received by a law enforcement agency or an attorney representing
1-4 the state.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 59.06, Code of Criminal Procedure, is
1-7 amended by amending Subsection (g) and adding Subsections (j) and
1-8 (k) to read as follows:
1-9 (g) All law enforcement agencies and attorneys representing
1-10 the state who receive proceeds or property under this chapter shall
1-11 account for the seizure, forfeiture, receipt, and specific
1-12 expenditure [disbursement] of all such proceeds and property in an
1-13 audit, which is to be performed annually by the commissioners court
1-14 or governing body of a municipality, as appropriate. The annual
1-15 period of the audit for a law enforcement agency is the fiscal year
1-16 of the appropriate county or municipality and the annual period for
1-17 an attorney representing the state is the state fiscal year. The
1-18 audit shall be completed on a form provided by the Criminal Justice
1-19 Division of the Governor's Office. Certified copies of the audit
1-20 shall be delivered by the law enforcement agency or attorney
1-21 representing the state to the Criminal Justice Division of the
1-22 Governor's Office not [no] later than the 30th day after the date
1-23 on which the annual period that is the subject of the audit ends
1-24 [30 days after the audit is completed].
2-1 (j) A law enforcement agency that, or an attorney
2-2 representing the state who, does not receive proceeds or property
2-3 under this chapter during an annual period as described by
2-4 Subsection (g) shall, not later than the 30th day after the date on
2-5 which the annual period ends, report to the Criminal Justice
2-6 Division of the Governor's Office that the agency or attorney, as
2-7 appropriate, did not receive proceeds or property under this
2-8 chapter during the annual period.
2-9 (k) As a specific exception to Subdivisions (1)-(3) of
2-10 Subsection (c), a law enforcement agency or attorney representing
2-11 the state may use proceeds received under this chapter to contract
2-12 with a person or entity to prepare an audit as required by
2-13 Subsection (g).
2-14 SECTION 2. A commissioners court or the governing body of a
2-15 municipality shall perform the first audit covering an annual
2-16 period, as described by Article 59.06(g), Code of Criminal
2-17 Procedure, as amended by this Act, not later than the 30th day
2-18 after the date on which the annual period ends. A law enforcement
2-19 agency or an attorney representing the state shall make the first
2-20 report covering an annual period, as required by Article 59.06(j),
2-21 Code of Criminal Procedure, as added by this Act, not later than
2-22 the 30th day after the date on which the annual period ends.
2-23 SECTION 3. This Act takes effect September 1, 1997.
2-24 SECTION 4. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2257 was passed by the House on May
8, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2257 was passed by the Senate on May
26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor