1-1 By: Armbrister S.B. No. 1486
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 12, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 12, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to an audit of the proceeds of criminal asset forfeitures.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subsection (g), Section 59.06, Code of Criminal
1-11 Procedure, is amended to read as follows:
1-12 (g) All law enforcement agencies and attorneys representing
1-13 the state who receive proceeds or property under this chapter shall
1-14 account for the seizure, forfeiture, receipt, and specific
1-15 expenditure of all such proceeds and property in an audit, which is
1-16 to be performed annually by the commissioners court or governing
1-17 body of a municipality, as appropriate. The annual period of the
1-18 audit for a law enforcement agency is the fiscal year of the
1-19 appropriate county or municipality and the annual period for an
1-20 attorney representing the state is the state fiscal year. The
1-21 audit shall be completed on a form provided by the attorney general
1-22 [Criminal Justice Division of the Governor's Office]. Certified
1-23 copies of the audit shall be delivered by the law enforcement
1-24 agency or attorney representing the state to the attorney general
1-25 [Criminal Justice Division of the Governor's Office] not later than
1-26 the 30th day after the date on which the annual period that is the
1-27 subject of the audit ends.
1-28 SECTION 2. Subsection (j), Section 59.06, Code of Criminal
1-29 Procedure, is amended to read as follows:
1-30 (j) A law enforcement agency that, or an attorney
1-31 representing the state who, does not receive proceeds or property
1-32 under this chapter during an annual period as described by
1-33 Subsection (g) shall, not later than the 30th day after the date on
1-34 which the annual period ends, report to the attorney general
1-35 [Criminal Justice Division of the Governor's Office] that the
1-36 agency or attorney, as appropriate, did not receive proceeds or
1-37 property under this chapter during the annual period.
1-38 SECTION 3. This Act takes effect September 1, 1999.
1-39 SECTION 4. The importance of this legislation and the
1-40 crowded condition of the calendars in both houses create an
1-41 emergency and an imperative public necessity that the
1-42 constitutional rule requiring bills to be read on three several
1-43 days in each house be suspended, and this rule is hereby suspended.
1-44 * * * * *