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.