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.