By Luna H.B. No. 2257
75R5122 JMC-D
A BILL TO BE ENTITLED
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
1-11 during an annual period beginning January 1 and ending December 31
1-12 shall account for the seizure, forfeiture, receipt, and specific
1-13 expenditure [disbursement] of all such proceeds and property in an
1-14 audit, which is to be performed annually by the commissioners court
1-15 or governing body of a municipality, as appropriate. The audit
1-16 shall be completed on a form provided by the Criminal Justice
1-17 Division of the Governor's Office. Certified copies of the audit
1-18 shall be delivered by the law enforcement agency or attorney
1-19 representing the state to the Criminal Justice Division of the
1-20 Governor's Office not [no] later than the 30th day after the date
1-21 on which the annual period that is the subject of the audit ends
1-22 [30 days after the audit is completed].
1-23 (j) A law enforcement agency that, or an attorney
1-24 representing the state who, does not receive proceeds or property
2-1 under this chapter during an annual period as described by
2-2 Subsection (g) shall, not later than the 30th day after the date on
2-3 which the annual period ends, report to the Criminal Justice
2-4 Division of the Governor's Office that the agency or attorney, as
2-5 appropriate, did not receive proceeds or property under this
2-6 chapter during the annual period.
2-7 (k) As a specific exception to Subdivisions (1)-(3) of
2-8 Subsection (c), a commissioners court or the governing body of a
2-9 municipality may use proceeds received under this chapter to
2-10 contract with a person or entity to prepare an audit as required by
2-11 Subsection (g).
2-12 SECTION 2. A commissioners court or the governing body of a
2-13 municipality shall perform the first audit covering a calendar year
2-14 ending on December 31, as required by Article 59.06(g), Code of
2-15 Criminal Procedure, as amended by this Act, not later than January
2-16 30, 1999. A law enforcement agency or an attorney representing the
2-17 state shall make the first report covering a calendar year ending
2-18 on December 31, as required by Article 59.06(j), Code of Criminal
2-19 Procedure, as added by this Act, not later than January 30, 1999.
2-20 SECTION 3. This Act takes effect September 1, 1997.
2-21 SECTION 4. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.