By Hinojosa                                           H.B. No. 3540
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to an audit of the proceeds of criminal asset forfeitures.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 59.06(g), Code of Criminal Procedure, is
 1-5     amended to read as follows:
 1-6           (g)  All law enforcement agencies and attorneys representing
 1-7     the state who receive proceeds or property under this chapter shall
 1-8     account for the seizure, forfeiture, receipt, and specific
 1-9     expenditure of all such proceeds and property in an audit which is
1-10     to be performed annually by the commissioners court or governing
1-11     body of a municipality, as appropriate.  The annual period of the
1-12     audit for a law enforcement agency is the fiscal year of the
1-13     appropriate county or municipality and the annual period for an
1-14     attorney representing the state is the state fiscal year.  The
1-15     audit shall be completed on a form provided by the attorney general
1-16     [Criminal Justice Division of the Governor's Office].  Certified
1-17     copies of the audit shall be delivered by the law enforcement
1-18     agency or attorney representing the state to the attorney general
1-19     [Criminal Justice Division of the Governor's Office] not later than
1-20     the 30th day after the date on which the annual period that is the
1-21     subject of the audit ends.
 2-1           SECTION 2.  Section 59.06(j), Code of Criminal Procedure, is
 2-2     amended to read as follows:
 2-3           (j)  A law enforcement agency that, or an attorney
 2-4     representing the state who, does not receive proceeds or property
 2-5     under this chapter during an annual period as described by
 2-6     Subsection (g) shall, not later than the 30th day after the date on
 2-7     which the annual period ends, report to the attorney general
 2-8     [Criminal Justice Division of the Governor's Office] that the
 2-9     agency or attorney, as appropriate, did not receive proceeds or
2-10     property under this chapter during the annual period.
2-11           SECTION 3.  This Act takes effect September 1, 1999.
2-12           SECTION 4.  The importance of this legislation and the
2-13     crowded condition of the calendars in both houses create an
2-14     emergency and an imperative public necessity that the
2-15     constitutional rule requiring bills to be read on three several
2-16     days in each house be suspended, and this rule is hereby suspended.