By Isett                                              H.B. No. 2823
         77R6224 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a pilot program to administer a local crime victims'
 1-3     compensation program.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Article 56.56, Code of Criminal Procedure, is
 1-6     amended by adding Subsection (e) to read as follows:
 1-7           (e)  This article does not apply to a municipality or county
 1-8     that is represented by the South Plains Association of Governments.
 1-9     This subsection expires September 1, 2003.
1-10           SECTION 2. Subchapter B, Chapter 56, Code of Criminal
1-11     Procedure, is amended by adding Article 56.65 to read as follows:
1-12           Art. 56.65.  PILOT PROGRAM FOR LOCAL CRIME VICTIMS'
1-13     COMPENSATION.  (a)  In this article, "association" means the South
1-14     Plains Association of Governments.
1-15           (b)  The association shall develop a pilot program under
1-16     which the association administers a local crime victims'
1-17     compensation program to award compensation to individuals who
1-18     suffer pecuniary loss from criminally injurious conduct that occurs
1-19     in a municipality or county represented by the association.  The
1-20     association shall award compensation under the program in the same
1-21     manner and under the same rules as the attorney general awards
1-22     compensation under this subchapter.
1-23           (c)  An individual who is awarded compensation for pecuniary
1-24     loss under the pilot program may not apply for compensation under
 2-1     Article 56.36 for the same pecuniary loss.
 2-2           (d)  In a municipality represented by the association, the
 2-3     officer collecting the costs in a municipal court case shall keep
 2-4     separate records of the funds collected as costs under Article
 2-5     56.55 and shall deposit the funds in the municipal treasury.  In a
 2-6     county represented by the association, the officer collecting the
 2-7     costs in a justice, county, or district court case shall keep
 2-8     separate records of the funds collected as costs under Article
 2-9     56.55 and shall deposit the funds in the county treasury.
2-10           (e)  The custodian of a municipal or county treasury in which
2-11     funds are required to be deposited under Subsection (d) shall:
2-12                 (1)  keep records of the amount of funds deposited
2-13     under Subsection (d); and
2-14                 (2)  send to the local crime victims' compensation fund
2-15     established by the association under Subsection (h), before the
2-16     last day of the first month following each calendar quarter, the
2-17     funds deposited during the preceding quarter.
2-18           (f)  A municipality or county in which funds are sent to the
2-19     local crime victims' compensation fund under Subsection (e)(2) may
2-20     retain 10 percent of the funds deposited under Subsection (d) as a
2-21     collection fee if the custodian of the treasury:
2-22                 (1)  keeps records of the amount of funds deposited
2-23     under Subsection (d); and
2-24                 (2)  sends the funds to the local crime victims'
2-25     compensation fund within the period prescribed by Subsection
2-26     (e)(2).
2-27           (g)  If no funds due as costs under Article 56.55 are
 3-1     collected by a custodian of a municipal or county treasury in which
 3-2     funds are required to be deposited under Subsection (d) in a
 3-3     quarter, the custodian shall file the report required for the
 3-4     quarter in the regular manner and must state that no funds were
 3-5     collected.
 3-6           (h)  The association shall establish a local crime victims'
 3-7     compensation fund to be used only by the association for the
 3-8     payment of compensation as provided by this article and other
 3-9     expenses in administering the pilot program.
3-10           (i)  The legislature may appropriate money from the
3-11     compensation to victims of crime fund to the attorney general for
3-12     distribution to the association for deposit in the local crime
3-13     victims' compensation fund established under Subsection (h).  Money
3-14     appropriated under this subsection may be used only by the
3-15     association for the payment of compensation as provided by this
3-16     article and other expenses in administering the pilot program.
3-17           (j)  This article expires September 1, 2003.
3-18           SECTION 3. This Act takes effect September 1, 2001.