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.