By: Armbrister S.B. No. 1486
A BILL TO BE ENTITLED
AN ACT
1-1 relating to an audit of the proceeds of criminal asset forfeitures.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (g), Section 59.06, Code of Criminal
1-4 Procedure, is amended to read as follows:
1-5 (g) All law enforcement agencies and attorneys representing
1-6 the state who receive proceeds or property under this chapter shall
1-7 account for the seizure, forfeiture, receipt, and specific
1-8 expenditure of all such proceeds and property in an audit, which is
1-9 to be performed annually by the commissioners court or governing
1-10 body of a municipality, as appropriate. The annual period of the
1-11 audit for a law enforcement agency is the fiscal year of the
1-12 appropriate county or municipality and the annual period for an
1-13 attorney representing the state is the state fiscal year. The
1-14 audit shall be completed on a form provided by the attorney general
1-15 [Criminal Justice Division of the Governor's Office]. Certified
1-16 copies of the audit shall be delivered by the law enforcement
1-17 agency or attorney representing the state to the attorney general
1-18 [Criminal Justice Division of the Governor's Office] not later than
1-19 the 30th day after the date on which the annual period that is the
1-20 subject of the audit ends.
1-21 SECTION 2. Subsection (j), Section 59.06, Code of Criminal
1-22 Procedure, is amended to read as follows:
1-23 (j) A law enforcement agency that, or an attorney
1-24 representing the state who, does not receive proceeds or property
2-1 under this chapter during an annual period as described by
2-2 Subsection (g) shall, not later than the 30th day after the date on
2-3 which the annual period ends, report to the attorney general
2-4 [Criminal Justice Division of the Governor's Office] that the
2-5 agency or attorney, as appropriate, did not receive proceeds or
2-6 property under this chapter during the annual period.
2-7 SECTION 3. This Act takes effect September 1, 1999.
2-8 SECTION 4. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.