By Turner of Coleman                                  H.B. No. 2740
         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 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 to counties for extraordinary
1-10     expenses incurred for the investigation or prosecution of offenses
1-11     under Section 19.03, Penal Code [this purpose].
1-12           [(b)  A county is eligible to apply to the division for a
1-13     distribution of money under this article if, during the preceding
1-14     fiscal year:]
1-15                 [(1)  the total amount of expenditures of the county
1-16     exceeded the total amount of funds received by the county from all
1-17     sources and the county incurred expenses for the investigation or
1-18     prosecution of an offense under Section 19.03, Penal Code; or]
1-19                 [(2)  the total amount of funds received by the county
1-20     from all sources exceeded the total amount of expenditures of the
1-21     county and the county incurred expenses for the investigation or
1-22     prosecution of an offense under Section 19.03, Penal Code, that
 2-1     exceed five percent of the amount of that excess.]
 2-2           [(c)  The commissioners court must submit with an under
 2-3     Subsection (b) a financial statement of the county that shows for
 2-4     the fiscal year for which application is made:]
 2-5                 [(1)  the total amount of funds received by the county
 2-6     from all sources;]
 2-7                 [(2)  the total amount of expenditures of the county;
 2-8     and]
 2-9                 [(3)  the total amount of expenses incurred by the
2-10     county for the investigation or prosecution of an offense under
2-11     Section 19.03, Penal Code.]
2-12           (b) [(d)]  The division may distribute money under this
2-13     article only to a county for the reimbursement of expenses incurred
2-14     by the county during the immediate past or current fiscal year [for
2-15     which application is made] for the investigation or prosecution of
2-16     an offense under Section 19.03, Penal Code.  [The amount of the
2-17     reimbursement to a county eligible under Subsection (b)(2) may not
2-18     exceed an amount equal to five percent of the difference between
2-19     the total amount of funds received by the county and the total
2-20     amount of expenditures of the county during the fiscal year for
2-21     which application is made.]
2-22           (c) [(e)]  For each fiscal year, the division shall
2-23     distribute at least 50 percent of the money distributed under this
2-24     article during that year to eligible counties with a population of
2-25     less than 50,000, except that if the total distributions applied
2-26     for by those counties is less than 50 percent of the money
 3-1     distributed during that year, the division is only required to
 3-2     distribute to those counties the amount of money for which
 3-3     applications have been made.
 3-4           (d) [(f)]  The division may adopt a budget and rules for the
 3-5     distribution of money under this article.
 3-6           (d) [(g)]  All money distributed to a county under this
 3-7     subchapter and its expenditure by the county are subject to audit
 3-8     by the state auditor.
 3-9           SECTION 2.  This Act takes effect September 1, 2001.
3-10           SECTION 3. The importance of this legislation and the crowded
3-11     condition of the calendars in both houses create an emergency and
3-12     an imperative public necessity that the constitutional rule
3-13     requiring bills to be read on three several days in each house be
3-14     suspended, and this rule is hereby suspended.