Amend CSHB 13 (Senate committee printing) by inserting the
following appropriately number SECTION to the bill:
SECTION 1. Article 59.06(h), Code of Criminal Procedure, is
amended to read as follows:
(h) As a specific exception to the requirement of
Subdivisions (1)-(3) of Subsection (c) of this article that the
funds described by those subdivisions be used only for the official
purposes of the attorney representing the state or for law
enforcement purposes, on agreement between the attorney
representing the state or the head of a law enforcement agency and
the governing body of a political subdivision, the attorney
representing the state or the head of the law enforcement agency may
[shall] comply with the request of the governing body to deposit not
more than a total of 10 percent of the gross amount credited to the
attorney's or agency's fund into the treasury of the political
subdivision. The governing body of the political subdivision
shall, by ordinance, order, or resolution, use funds received under
this subsection for:
(1) nonprofit programs for the prevention of drug
abuse;
(2) nonprofit chemical dependency treatment
facilities licensed under Chapter 464, Health and Safety Code;
(3) nonprofit drug and alcohol rehabilitation or
prevention programs administered or staffed by professionals
designated as qualified and credentialed by the Texas Commission on
Alcohol and Drug Abuse; or
(4) financial assistance as described by Subsection
(o).
SECTION 2. Article 59.06, Code of Criminal Procedure, is
amended by adding Subsections (r), (s), and (t) to read as follows:
(r) As a specific exception to the requirement of
Subdivisions (1)-(3) of Subsection (c) that the funds described by
those subdivisions be used only for the official purposes of the
attorney representing the state or for law enforcement purposes, in
any county that implements or operates a drug court program under
Chapter 469, Health and Safety Code, the attorney representing the
state shall deposit 10 percent of the gross amount credited to the
attorney's fund into the county treasury. The commissioners court
shall use the funds received under this subsection to implement or
operate the drug court program in the county.
(s) The state auditor may conduct audits and investigations
related to the seizure, forfeiture, receipt, and specific
expenditure of all proceeds and property under this article in
accordance with this article and Chapter 321, Government Code.
(t) The state auditor is entitled to access any book,
account, voucher, confidential or nonconfidential report, or other
record of information, including electronic data, maintained by a
county auditor under this article, except that:
(1) if the release of the applicable information is
restricted under federal law, the state auditor may access the
information only with the approval of the appropriate federal
administrative agency; and
(2) the state auditor may access only for purposes of
performing an audit any copyrighted or restricted information
obtained by the comptroller under subscription agreements and used
in the preparation of the comptroller's economic estimates.
SECTION 3. This Act take effect September 1, 2007.