SRC-ARR H.B. 424 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 424
By: Turner, Bob (Armbrister)
Criminal Justice
5/4/1999
Engrossed


DIGEST 

Currently, a capital murder trial in Texas costs on average between
$200,000 and 300,000 to prosecute. In rural counties, a capital murder
trial and the automatic appeal that a conviction triggers can put a
significant strain on the county budget and perhaps even lead a county to
seek a lesser charge against the defendant despite the prosecutor's belief
that a charge of capital murder is warranted. H.B. 424 would distribute
money to certain counties for the payment of extraordinary costs of
prosecution.  

PURPOSE

As proposed, H.B. 424 distributes money to certain counties for the payment
of extraordinary costs of prosecution.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the criminal justice division of the
governor's office in SECTION 1 (Section 104.004(f) Code of Criminal
Procedures) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 104, Code of Criminal Procedure, by adding
Article 104.004, as follows:  

Art.104.004. EXTRAORDINARY COSTS OF PROSECUTION. Requires the criminal
justice division of the governor's office (division) to distribute money as
provided by this article from money appropriated by the legislature for
that purpose. Provides that a county is eligible to apply to the division
for a distribution of money under this article if during the fiscal year
certain conditions exist. Requires the commissioners court to submit with
an application under Subsection (b) a financial statement of the county
that shows certain items for the fiscal year. Sets forth requirements for
the distribution of money. Authorizes the division to adopt a budget and
rules for the distribution of money under this article. Provides that all
money distributed to a county and its expenditure by the county are subject
to audit by the state auditor.  

SECTION 2. Authorizes a commissioners court of a county to apply to the
criminal justice division of the governor's office for a distribution of
money, as provided by Article 104.004, Code of Criminal Procedure, as added
by this Act, on or after January 1, 2000. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.