1-1     By:  Luna, Allen (Senate Sponsor - Brown)             H.B. No. 2257

 1-2           (In the Senate - Received from the House May 9, 1997;

 1-3     May 12, 1997, read first time and referred to Committee on Criminal

 1-4     Justice; May 17, 1997, reported favorably by the following vote:

 1-5     Yeas 6, Nays 0; May 17, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the audit required for forfeited property and proceeds

 1-9     received by a law enforcement agency or an attorney representing

1-10     the state.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Article 59.06, Code of Criminal Procedure, is

1-13     amended by amending Subsection (g) and adding Subsections (j) and

1-14     (k) to read as follows:

1-15           (g)  All law enforcement agencies and attorneys representing

1-16     the state who receive proceeds or property under this chapter shall

1-17     account for the seizure, forfeiture, receipt, and specific

1-18     expenditure [disbursement] of all such proceeds and property in an

1-19     audit, which is to be performed annually by the commissioners court

1-20     or governing body of a municipality, as appropriate.  The annual

1-21     period of the audit for a law enforcement agency is the fiscal year

1-22     of the appropriate county or municipality and the annual period for

1-23     an attorney representing the state is the state fiscal year.  The

1-24     audit shall be completed on a form provided by the Criminal Justice

1-25     Division of the Governor's Office.  Certified copies of the audit

1-26     shall be delivered by the law enforcement agency or attorney

1-27     representing the state to the Criminal Justice Division of the

1-28     Governor's Office not [no] later than the 30th day after the date

1-29     on which the annual period that is the subject of the audit ends

1-30     [30 days after the audit is completed].

1-31           (j)  A law enforcement agency that, or an attorney

1-32     representing the state who, does not receive proceeds or property

1-33     under this chapter during an annual period as described by

1-34     Subsection (g) shall, not later than the 30th day after the date on

1-35     which the annual period ends, report to the Criminal Justice

1-36     Division of the Governor's Office that the agency or attorney, as

1-37     appropriate, did not receive proceeds or property under this

1-38     chapter during the annual period.

1-39           (k)  As a specific exception to Subdivisions (1)-(3) of

1-40     Subsection (c), a law enforcement agency or attorney representing

1-41     the state  may use proceeds received under this chapter to contract

1-42     with a person or entity to prepare an audit as required by

1-43     Subsection (g).

1-44           SECTION 2.  A commissioners court or the governing body of a

1-45     municipality shall perform the first audit covering an annual

1-46     period, as described by Article 59.06(g), Code of Criminal

1-47     Procedure, as amended by this Act, not later than the 30th day

1-48     after the date on which the annual period ends.  A law enforcement

1-49     agency or an attorney representing the state shall make the first

1-50     report covering an annual period, as required by Article 59.06(j),

1-51     Code of Criminal Procedure, as added by this Act, not later than

1-52     the 30th day after the date on which the annual period ends.

1-53           SECTION 3.  This Act takes effect September 1, 1997.

1-54           SECTION 4.  The importance of this legislation and the

1-55     crowded condition of the calendars in both houses create an

1-56     emergency and an imperative public necessity that the

1-57     constitutional rule requiring bills to be read on three several

1-58     days in each house be suspended, and this rule is hereby suspended.

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