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