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 * * * * *