1-1                                   AN ACT

 1-2     relating to the disposition of restitution payments made to victims

 1-3     of crime.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  (a)  Sections 76.013(a) and (b), Government Code,

 1-6     are amended to read as follows:

 1-7           (a)  If a judge requires a defendant to make restitution to a

 1-8     victim of the defendant's offense, and a payment is received by a

 1-9     department from the defendant for transmittal to a victim of the

1-10     offense, the department that receives the payment for disbursement

1-11     to the victim shall immediately deposit the payment in an

1-12     interest-bearing account in the county treasury as required by

1-13     Section 140.003(f), Local Government Code [department having

1-14     original jurisdiction.  The department shall transmit the payment

1-15     to the victim as soon as practicable].

1-16           (b)  If an initial restitution payment is received by a

1-17     department, [a victim cannot be located, immediately after

1-18     receiving a final payment in satisfaction of an order of

1-19     restitution for the victim] the department immediately shall

1-20     [attempt to] notify the victim of that fact by certified mail,

1-21     mailed to the last known address of the victim.  If a victim then

1-22     makes a claim for payment, the department promptly shall remit the

1-23     payment to the victim.  A department is obligated to make a good

1-24     faith effort to locate and notify a victim that an unclaimed

 2-1     payment exists.  The department satisfies the good faith

 2-2     requirement under this subsection by sending to the victim by

 2-3     certified mail on any one occasion during the period the defendant

 2-4     is required to make payments a notice that the victim is entitled

 2-5     to an unclaimed payment.  Not earlier than the fifth anniversary of

 2-6     the date on which the department mails notice under this

 2-7     subsection, if the victim has not made a claim for payment, the

 2-8     department shall transfer [the payment] from the interest-bearing

 2-9     account to the comptroller all payments received.  After making an

2-10     initial transfer of payments to the comptroller under this

2-11     subsection, the department, not later than the 121st day after the

2-12     date the department receives a subsequent payment, shall transfer

2-13     the subsequent payment to the comptroller.  The department shall

2-14     deduct[, after deducting] five percent of the payment or subsequent

2-15     payment as a collection fee and deduct [deducting] any interest

2-16     accrued on the payment or subsequent payment before transferring

2-17     the payment to the comptroller under this subsection.  The

2-18     comptroller shall deposit the payment in the state treasury to the

2-19     credit of the compensation to victims of crime auxiliary fund.

2-20           (b)  In addition to substantive changes made by this section,

2-21     this section conforms Section 76.013, Government Code, to Section

2-22     3.014, Chapter 321, Acts of the 74th Legislature, Regular Session,

2-23     1995.

2-24           (c)  Section 3.014, Chapter 321, Acts of the 74th

2-25     Legislature, Regular Session, 1995, is repealed.

2-26           (d)  To the extent of any conflict, this section prevails

2-27     over another Act of the 75th Legislature, Regular Session, 1997,

 3-1     relating to nonsubstantive additions to and corrections in enacted

 3-2     codes.

 3-3           SECTION 2.  The change in law made by this Act applies only

 3-4     to the distribution of a restitution payment made on or after the

 3-5     effective date of this Act.  The distribution of a restitution

 3-6     payment made before the effective date of this Act is covered by

 3-7     the law in effect when the payment was made, and the former law is

 3-8     continued in effect for that purpose.

 3-9           SECTION 3.  This Act takes effect September 1, 1997.

3-10           SECTION 4.  The importance of this legislation and the

3-11     crowded condition of the calendars in both houses create an

3-12     emergency and an imperative public necessity that the

3-13     constitutional rule requiring bills to be read on three several

3-14     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. 2829 was passed by the House on April

         25, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2829 was passed by the Senate on May

         22, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor