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


Senate Research CenterH.B. 424
By: Turner, Bob (Armbrister)
Criminal Justice
5/6/1999
Committee Report (Amended)


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
Procedure) 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. Authorizes the criminal
justice division of the governor's office (division) to distribute money
appropriated by the legislature for this 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 existed. 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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Article 104.004, Code of Criminal Procedure, to authorize, rather
than require, the division to distribute money appropriated by the
legislature for this purpose, rather than as provided by this article from
money appropriated by the legislature for that purpose.  Authorizes, rather
than require, the division to distribute a certain amount of money.