1-1 AN ACT
1-2 relating to the distribution of money to certain counties for the
1-3 payment of extraordinary costs of prosecution.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 104, Code of Criminal Procedure, is
1-6 amended by adding Article 104.004 to read as follows:
1-7 Art. 104.004. EXTRAORDINARY COSTS OF PROSECUTION. (a) The
1-8 criminal justice division of the governor's office may distribute
1-9 money appropriated by the legislature for this purpose.
1-10 (b) A county is eligible to apply to the division for a
1-11 distribution of money under this article if, during the preceding
1-12 fiscal year:
1-13 (1) the total amount of expenditures of the county
1-14 exceeded the total amount of funds received by the county from all
1-15 sources and the county incurred expenses for the investigation or
1-16 prosecution of an offense under Section 19.03, Penal Code; or
1-17 (2) the total amount of funds received by the county
1-18 from all sources exceeded the total amount of expenditures of the
1-19 county and the county incurred expenses for the investigation or
1-20 prosecution of an offense under Section 19.03, Penal Code, that
1-21 exceed five percent of the amount of that excess.
1-22 (c) The commissioners court must submit with an application
1-23 under Subsection (b) a financial statement of the county that shows
1-24 for the fiscal year for which application is made:
2-1 (1) the total amount of funds received by the county
2-2 from all sources;
2-3 (2) the total amount of expenditures of the county;
2-4 and
2-5 (3) the total amount of expenses incurred by the
2-6 county for the investigation or prosecution of an offense under
2-7 Section 19.03, Penal Code.
2-8 (d) The division may distribute money under this article
2-9 only to an eligible county for the reimbursement of expenses
2-10 incurred by the county during the fiscal year for which application
2-11 is made for the investigation or prosecution of an offense under
2-12 Section 19.03, Penal Code. The amount of the reimbursement to a
2-13 county eligible under Subsection (b)(2) may not exceed an amount
2-14 equal to five percent of the difference between the total amount of
2-15 funds received by the county and the total amount of expenditures
2-16 of the county during the fiscal year for which application is made.
2-17 (e) For each fiscal year, the division shall distribute at
2-18 least 50 percent of the money distributed under this article during
2-19 that year to eligible counties with a population of less than
2-20 50,000, except that if the total distributions applied for by those
2-21 counties is less than 50 percent of the money distributed during
2-22 that year, the division is only required to distribute to those
2-23 counties the amount of money for which applications have been made.
2-24 (f) The division may adopt a budget and rules for the
2-25 distribution of money under this article.
2-26 (g) All money distributed to a county under this subchapter
2-27 and its expenditure by the county are subject to audit by the state
3-1 auditor.
3-2 SECTION 2. The commissioners court of a county may apply to
3-3 the criminal justice division of the governor's office for a
3-4 distribution of money, as provided by Article 104.004, Code of
3-5 Criminal Procedure, as added by this Act, on or after January 1,
3-6 2000.
3-7 SECTION 3. This Act takes effect September 1, 1999.
3-8 SECTION 4. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 424 was passed by the House on April
23, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 424 on May 27, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 424 was passed by the Senate, with
amendments, on May 24, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor