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.