HBA-RBT H.B. 3540 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3540
By: Hinojosa
Criminal Jurisprudence
4/16/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, each law enforcement agency which recieves forfeited assets or
the proceeds from the sale of such assets is required to submit an audit of
these proceeds to the Governor's Criminal Justice Division.  The law does
not provide the Criminal Justice Division with specific authority to compel
compliance with these reporting requirements.  H.B. 3540 transfers the
authority to oversee audits to the attorney general's office.  That office
has general criminal law enforcement authority and provides better
enforcement capability. 

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 Section 59.06(g), Code of Criminal Procedure, to provide
that the attorney general, rather than the Criminal Justice Division of the
Governor's Office, is the auditor for law enforcement agencies and
attorneys representing the state who receive proceeds or property under
this chapter from seizures or forfeitures.  Makes a conforming change. 

SECTION 2.  Amends Section 59.06(j), Code of Criminal Procedure, to make a
conforming change. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.