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.
1-59 * * * * *