HBA-RBT H.B. 295 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 295
By: Wise
          Criminal Jurisprudence
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, certain youth groups which sponsor or provide drug abuse
programs are entitled to receive a portion of the assets or proceeds
recovered through drug forfeitures.  However, some district attorneys and
county commissioners feel that the pertinent provision in the present
statute does not allow this type of distribution.  H.B. 295 requires
distribution of 2.5 percent of the proceeds of criminal asset forfeiture to
drug abuse prevention programs provided by nonprofit organizations that
primarily serve children. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 59.06, Code of Criminal Procedure, to require
the governing body of a political subdivision to use not less than 25
percent of forfeited funds received by the political subdivision under
Subsection (h) for drug-abuse prevention programs provided by nonprofit
organizations that primarily serve children, and to use the remainder of
the funds for other specified nonprofit entities and programs.
Redesignates Subsections (i)-(k) to (k)-(m).  Makes conforming and
nonsubstantive changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.