1-1     By:  Turner of Coleman, et al.                         H.B. No. 424
 1-2          (Senate Sponsor - Armbrister)
 1-3           (In the Senate - Received from the House April 26, 1999;
 1-4     April 27, 1999, read first time and referred to Committee on
 1-5     Criminal Justice; May 10, 1999, reported favorably, as amended, by
 1-6     the following vote:  Yeas 7, Nays 0; May 10, 1999, sent to
 1-7     printer.)
 1-8     COMMITTEE AMENDMENT NO. 1                           By:  Armbrister
 1-9           Amend House Bill 424 as follows:
1-10                 1.  In SECTION 1 of the bill, adding Article 104.004,
1-11     Code of Criminal Procedure, by striking "shall" and inserting "may"
1-12     in lieu thereof.
1-13                 2.  In SECTION 1 of the bill, adding Article 104.004,
1-14     Code of Criminal Procedure, by striking "as provided by this
1-15     article from money appropriated by the legislature for that
1-16     purpose" and substituting the following in lieu thereof:
1-17     "appropriated by the legislature for this purpose"
1-18                            A BILL TO BE ENTITLED
1-19                                   AN ACT
1-20     relating to the distribution of money to certain counties for the
1-21     payment of extraordinary costs of prosecution.
1-22           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23           SECTION 1.  Chapter 104, Code of Criminal Procedure, is
1-24     amended by adding Article 104.004 to read as follows:
1-25           Art. 104.004.  EXTRAORDINARY COSTS OF PROSECUTION.  (a)  The
1-26     criminal justice division of the governor's office shall distribute
1-27     money as provided by this article from money appropriated by the
1-28     legislature for that purpose.
1-29           (b)  A county is eligible to apply to the division for a
1-30     distribution of money under this article if, during the preceding
1-31     fiscal year:
1-32                 (1)  the total amount of expenditures of the county
1-33     exceeded the total amount of funds received by the county from all
1-34     sources and the county incurred expenses for the investigation or
1-35     prosecution of an offense under Section 19.03, Penal Code; or
1-36                 (2)  the total amount of funds received by the county
1-37     from all sources exceeded the total amount of expenditures of the
1-38     county and the county incurred expenses for the investigation or
1-39     prosecution of an offense under Section 19.03, Penal Code, that
1-40     exceed five percent of the amount of that excess.
1-41           (c)  The commissioners court must submit with an application
1-42     under Subsection (b) a financial statement of the county that shows
1-43     for the fiscal year for which application is made:
1-44                 (1)  the total amount of funds received by the county
1-45     from all sources;
1-46                 (2)  the total amount of expenditures of the county;
1-47     and
1-48                 (3)  the total amount of expenses incurred by the
1-49     county for the investigation or prosecution of an offense under
1-50     Section 19.03, Penal Code.
1-51           (d)  The division may distribute money under this article
1-52     only to an eligible county for the reimbursement of expenses
1-53     incurred by the county during the fiscal year for which application
1-54     is made for the investigation or prosecution of an offense under
1-55     Section 19.03, Penal Code.  The amount of the reimbursement to a
1-56     county eligible under Subsection (b)(2) may not exceed an amount
1-57     equal to five percent of the difference between the total amount of
1-58     funds received by the county and the total amount of expenditures
1-59     of the county during the fiscal year for which application is made.
1-60           (e)  For each fiscal year, the division shall distribute at
1-61     least 50 percent of the money distributed under this article during
1-62     that year to eligible counties with a population of less than
1-63     50,000, except that if the total distributions applied for by those
 2-1     counties is less than 50 percent of the money distributed during
 2-2     that year, the division is only required to distribute to those
 2-3     counties the amount of money for which applications have been made.
 2-4           (f)  The division may adopt a budget and rules for the
 2-5     distribution of money under this article.
 2-6           (g)  All money distributed to a county under this subchapter
 2-7     and its expenditure by the county are subject to audit by the state
 2-8     auditor.
 2-9           SECTION 2.  The commissioners court of a county may apply to
2-10     the criminal justice division of the governor's office for a
2-11     distribution of money, as provided by Article 104.004, Code of
2-12     Criminal Procedure, as added by this Act, on or after January 1,
2-13     2000.
2-14           SECTION 3.  This Act takes effect September 1, 1999.
2-15           SECTION 4.  The importance of this legislation and the
2-16     crowded condition of the calendars in both houses create an
2-17     emergency and an imperative public necessity that the
2-18     constitutional rule requiring bills to be read on three several
2-19     days in each house be suspended, and this rule is hereby suspended.
2-20                                  * * * * *