By:  Moncrief, et al.                                  S.B. No. 987

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the use of excess money in the compensation to victims

 1-2     of crime fund and transferring certain amounts of money from the

 1-3     fund for certain law enforcement purposes.

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

 1-5           SECTION 1.  Article 56.54, Code of Criminal Procedure, is

 1-6     amended by adding Subsections (h) and (i) to read as follows:

 1-7           (h)  In addition to the purposes provided by Subsection (b),

 1-8     the legislature may appropriate money in the compensation to

 1-9     victims of crime fund to state agencies for a program or purpose

1-10     that provides substantial and direct benefits, services, or

1-11     assistance to victims, guardians of victims, or immediate family

1-12     members of victims.  For purposes of this subsection, "victim"

1-13     means:

1-14                 (1)  a victim as defined by Article 56.32; or

1-15                 (2)  a person who suffers death or personal injury as a

1-16     result of conduct by a juvenile that, if committed by an adult,

1-17     would constitute criminally injurious conduct.

1-18           (i)  Subsection (h) and this subsection expire September 1,

1-19     1999.

1-20           SECTION 2.  Subsection (b), Article 56.54, Code of Criminal

1-21     Procedure, is amended to read as follows:

1-22           (b)  Except as provided by Article 56.541, the [The]

1-23     compensation to victims of crime fund may be used only by the

 2-1     attorney general [only] for the payment of compensation to

 2-2     claimants or victims under this subchapter and other expenses in

 2-3     administering this subchapter.

 2-4           SECTION 3.  Subchapter B, Chapter 56, Code of Criminal

 2-5     Procedure, is amended by adding Article 56.541 to read as follows:

 2-6           Art. 56.541.  APPROPRIATION OF EXCESS MONEY FOR OTHER CRIME

 2-7     VICTIM ASSISTANCE.  (a)  Not later than December 15 of each

 2-8     even-numbered year, the attorney general, after consulting with the

 2-9     comptroller, shall prepare forecasts and certify estimates of:

2-10                 (1)  the amount of money that the attorney general

2-11     anticipates will be received from deposits made to the credit of

2-12     the compensation to victims of crime fund during the next state

2-13     fiscal biennium, other than deposits of:

2-14                       (A)  gifts, grants, and donations; and

2-15                       (B)  money received from the United States; and

2-16                 (2)  the amount of money that the attorney general

2-17     anticipates will be obligated during the next state fiscal biennium

2-18     to comply with this chapter.

2-19           (b)  At the time the attorney general certifies the estimates

2-20     made under Subsection (a), the attorney general shall also certify

2-21     for the next state fiscal biennium the amount of excess money in

2-22     the compensation to victims of crime fund for purposes of

2-23     Subsection (c), calculated by multiplying the amount estimated

2-24     under Subsection (a)(2) by 115 percent and subtracting that product

2-25     from the amount estimated under Subsection (a)(1).

 3-1           (c)  For a state fiscal biennium, the legislature may

 3-2     appropriate from the compensation to victims of crime fund the

 3-3     amount of excess money in the fund certified for the biennium under

 3-4     Subsection (b) for a program or purpose that provides substantial

 3-5     and direct benefits, services, or assistance to victims, guardians

 3-6     of victims, or immediate family members of victims.  For purposes

 3-7     of this subsection, "victim" means:

 3-8                 (1)  a victim as defined by Article 56.32; or

 3-9                 (2)  a person who suffers death or personal injury as a

3-10     result of conduct by a juvenile that, if committed by an adult,

3-11     would constitute criminally injurious conduct.

3-12           (d)  The attorney general and the comptroller shall cooperate

3-13     in determining the proper allocation of the various sources of

3-14     revenue deposited to the credit of the compensation to victims of

3-15     crime fund for purposes of this article.

3-16           SECTION 4.  Subchapter A, Chapter 411, Government Code, is

3-17     amended by adding Section 411.0097 to read as follows:

3-18           Sec. 411.0097.  FUGITIVE APPREHENSION ACCOUNT.  The fugitive

3-19     apprehension account is a special account in the general revenue

3-20     fund.  The legislature may appropriate funds in the account only

3-21     for the purpose of paying for the cost to the department of

3-22     apprehending individuals for whom warrants have been issued under

3-23     Section 13, Article 42.18, Code of Criminal Procedure.

3-24           SECTION 5.  (a)  Except as provided by Subsection (b) of this

3-25     section, this Act takes effect immediately.

 4-1           (b)  Sections 2 and 3 of this Act take effect September 1,

 4-2     1997.  The attorney general shall make the first estimates required

 4-3     by Article 56.541, Code of Criminal Procedure, as added by this

 4-4     Act, for the state fiscal biennium beginning September 1, 1999, and

 4-5     the legislature may not appropriate excess money in the

 4-6     compensation to victims of crime fund as provided by Article

 4-7     56.541, Code of Criminal Procedure, as added by this Act, for a

 4-8     biennium before the state fiscal biennium beginning September 1,

 4-9     1999.

4-10           (c)  Notwithstanding Subsection (b), Article 56.54, Code of

4-11     Criminal Procedure, as amended by this Act, on September 1, 1997,

4-12     the comptroller shall transfer $8 million from the compensation to

4-13     victims of crime fund established under Subchapter B, Chapter 56,

4-14     Code of Criminal Procedure, to the fugitive apprehension account

4-15     established under Section 411.0097, Government Code, as added by

4-16     this Act.

4-17           SECTION 6.  Notwithstanding Subsection (b), Article 56.54,

4-18     Code of Criminal Procedure, as amended by this Act, on September 1,

4-19     1997, the comptroller shall transfer $650,000 from the compensation

4-20     to victims of crime fund established under Subchapter B, Chapter

4-21     56, Code of Criminal Procedure, to an account in the state treasury

4-22     to be known as the DNA Testing Fund.  Money in the DNA Testing Fund

4-23     may be appropriated only to the University of North Texas for:

4-24                 (1)  the purchase of equipment and machinery, including

4-25     software and hardware, the principal function of which is the

 5-1     testing of DNA, the processing or delivery of DNA test results, the

 5-2     retrieval or extraction of DNA samples, or any other laboratory DNA

 5-3     analysis, used in the investigation of crimes or the identification

 5-4     of crime victims; or

 5-5                 (2)  the hiring of personnel for administering the DNA

 5-6     testing program.

 5-7           SECTION 7.  The importance of this legislation and the

 5-8     crowded condition of the calendars in both houses create an

 5-9     emergency and an imperative public necessity that the

5-10     constitutional rule requiring bills to be read on three several

5-11     days in each house be suspended, and this rule is hereby suspended,

5-12     and that this Act take effect and be in force from and after its

5-13     passage, and it is so enacted.