77R9795 JMG-F
By Turner of Coleman H.B. No. 2740
Substitute the following for H.B. No. 2740:
By Hinojosa C.S.H.B. No. 2740
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the distribution of money to certain counties for the
1-3 payment of extraordinary costs of prosecution.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 104.004, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 104.004. EXTRAORDINARY COSTS OF PROSECUTION. (a) The
1-8 criminal justice division of the governor's office may distribute
1-9 money [appropriated by the legislature for this purpose.]
1-10 [(b) A county is eligible to apply to the division for a
1-11 distribution of money under this article if, during the preceding
1-12 fiscal year:]
1-13 [(1) the total amount of expenditures of the county
1-14 exceeded the total amount of funds received by the county from all
1-15 sources and the county incurred expenses for the investigation or
1-16 prosecution of an offense under Section 19.03, Penal Code; or]
1-17 [(2) the total amount of funds received by the county
1-18 from all sources exceeded the total amount of expenditures of the
1-19 county and the county incurred expenses for the investigation or
1-20 prosecution of an offense under Section 19.03, Penal Code, that
1-21 exceed five percent of the amount of that excess.]
1-22 [(c) The commissioners court must submit with an application
1-23 under Subsection (b) a financial statement of the county that shows
1-24 for the fiscal year for which application is made:]
2-1 [(1) the total amount of funds received by the county
2-2 from all sources;]
2-3 [(2) the total amount of expenditures of the county;
2-4 and]
2-5 [(3) the total amount of expenses incurred by the
2-6 county for the investigation or prosecution of an offense under
2-7 Section 19.03, Penal Code.]
2-8 [(d) The division may distribute money under this article
2-9 only] to a [an eligible] county for the reimbursement of expenses
2-10 incurred by the county during the preceding or current fiscal year
2-11 for [which application is made for] the investigation or
2-12 prosecution of an offense under Section 19.03, Penal Code, from
2-13 money appropriated by the legislature for that purpose[. The
2-14 amount of the reimbursement to a county eligible under Subsection
2-15 (b)(2) may not exceed an amount equal to five percent of the
2-16 difference between the total amount of funds received by the county
2-17 and the total amount of expenditures of the county during the
2-18 fiscal year for which application is made].
2-19 (b) [(e)] For each fiscal year, the division shall
2-20 distribute at least 50 percent of the money distributed under this
2-21 article during that year to [eligible] counties with a population
2-22 of less than 50,000, except that if the total distributions applied
2-23 for by those counties is less than 50 percent of the money
2-24 distributed during that year, the division is only required to
2-25 distribute to those counties the amount of money for which
2-26 applications have been made.
2-27 (c) [(f)] The division may adopt a budget and rules for the
3-1 distribution of money under this article.
3-2 (d) [(g)] All money distributed to a county under this
3-3 article [subchapter] and its expenditure by the county are subject
3-4 to audit by the state auditor.
3-5 SECTION 2. The change in law made by this Act applies only
3-6 to an application for reimbursement made by a county on or after
3-7 the effective date of this Act. An application for reimbursement
3-8 made before the effective date of this Act is governed by the law
3-9 in effect when the application was made, and the former law is
3-10 continued in effect for that purpose.
3-11 SECTION 3. This Act takes effect September 1, 2001.