By Moncrief                                      S.B. No. 987

      75R8272 JSA-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the use of excess money in certain funds for the

 1-3     compensation of crime victims.

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

 1-5           SECTION 1.  Subsections (b) and (c), Article 56.54, Code of

 1-6     Criminal Procedure, are amended to read as follows:

 1-7           (b)  Except as provided by Article 56.541, the [The]

 1-8     compensation to victims of crime fund may be used only by the

 1-9     attorney general [only] for the payment of compensation to

1-10     claimants or victims under this subchapter and other expenses in

1-11     administering this subchapter.

1-12           (c)  Except as provided by Article 56.541, the [The]

1-13     compensation to victims of crime  auxiliary fund may be used only

1-14     by the attorney general [only] for the payment of compensation to

1-15     claimants or victims under this subchapter.

1-16           SECTION 2.  Subchapter B, Chapter 56, Code of Criminal

1-17     Procedure, is amended by adding Article 56.541 to read as follows:

1-18           Art. 56.541.  APPROPRIATION OF EXCESS MONEY FOR OTHER CRIME

1-19     VICTIM ASSISTANCE.  (a)  Not later than September 1 of each year,

1-20     the comptroller, after consulting with the attorney general, shall

1-21     certify an estimate of:

1-22                 (1)  the amount that will be required to make all

1-23     payments of awards under this subchapter from the compensation to

1-24     victims of crime fund and the auxiliary compensation to victims of

 2-1     crime fund in the state fiscal year beginning on that September 1;

 2-2     and

 2-3                 (2)  the amount by which the available money in each of

 2-4     those funds for the fiscal year, including the unexpended balance

 2-5     from previous fiscal years, will exceed 115 percent of the amount

 2-6     certified under Subdivision (1).

 2-7           (b)  The legislature may appropriate from the compensation to

 2-8     victims of crime fund or the auxiliary compensation to victims of

 2-9     crime fund the amount in that fund certified by the comptroller

2-10     under Subsection (a)(2) for a program or purpose that provides

2-11     substantial and direct benefits, services, or assistance to crime

2-12     victims or other persons affected by criminal conduct.

2-13           SECTION 3.  (a)  This Act takes effect September 1, 1997.

2-14           (b)  Notwithstanding the September 1 deadline provided by

2-15     Article 56.541, Code of Criminal Procedure, as added by this Act,

2-16     the attorney general shall make and certify the estimated amount

2-17     required to make payments of awards from the compensation to

2-18     victims of crime fund and the auxiliary compensation to victims of

2-19     crime fund for the state fiscal year beginning September 1, 1997,

2-20     not later than September 30, 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.