H.B. No. 4102

AN ACT

relating to establishing and funding a grant program for testing evidence collected in relation to sexual assaults or other sex offenses; authorizing voluntary contributions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter H, Chapter 502, Transportation Code, is amended by adding Section 502.414 to read as follows:

Sec. 502.414. VOLUNTARY CONTRIBUTION FOR EVIDENCE TESTING GRANT PROGRAM. (a) When a person registers or renews the registration of a motor vehicle under this chapter, the person may contribute any amount to the evidence testing grant program established under Section 772.00715, Government Code.

(b) The department shall provide, in a conspicuous manner, an opportunity to contribute to the evidence testing grant program in any registration renewal system used by the department.

(c) If a person makes a contribution under this section and does not pay the full amount of a registration fee, the county assessor-collector may credit all or a portion of the contribution to the person's registration fee.

(d) The county assessor-collector shall send any contribution made under this section to the comptroller for deposit to the credit of the evidence testing account established under Section 772.00716, Government Code, at least once every three months. Before sending the money to the comptroller, the department may deduct money equal to the amount of reasonable expenses for administering this section.

SECTION 2. Subchapter H, Chapter 502, Transportation Code, is amended by adding Section 502.415 to read as follows:

Sec. 502.415. VOLUNTARY CONTRIBUTION TO ENDING HOMELESSNESS FUND. (a) When a person registers or renews the registration of a motor vehicle under this chapter, the person may contribute any amount to the Ending Homelessness fund under Subsection (f).

(b) The department shall provide, in a conspicuous manner, an opportunity to contribute to the Ending Homelessness fund in any registration renewal system used by the department.

(c) If a person makes a contribution under this section and does not pay the full amount of a registration fee, the county assessor-collector may credit all or a portion of the contribution to the person's registration fee.

(d) The county assessor-collector shall send any contribution made under this section to the comptroller for deposit to the Ending Homelessness fund before the 31st day after the date the contribution is made.

(e) The department shall consult with the Texas Department of Housing and Community Affairs in performing the department's duties under this section.

(f) The Ending Homelessness fund is created as a trust fund outside the state treasury to be held by the comptroller and administered by the Texas Department of Housing and Community Affairs as trustee. The fund is composed of money deposited to the credit of the fund under this section. Money in the fund shall be used to provide grants to counties and municipalities to combat homelessness.

(g) The Texas Department of Housing and Community Affairs shall adopt rules governing application for grants from the Ending Homelessness fund and the issuance of those grants.

SECTION 3. Subchapter A, Chapter 772, Government Code, is amended by adding Sections 772.00715 and 772.00716 to read as follows:

Sec. 772.00715. EVIDENCE TESTING GRANT PROGRAM. (a) In this section:

(1) "Accredited crime laboratory" has the meaning assigned by Section 420.003.

(2) "Criminal justice division" means the criminal justice division established under Section 772.006.

(3) "Grant program" means the evidence testing grant program established under this section.

(4) "Law enforcement agency" means:

(A) the police department of a municipality;

(B) the sheriff's office of a county; or

(C) a constable's office of a county.

(b) The criminal justice division shall establish and administer a grant program and shall disburse funds to assist law enforcement agencies or counties in testing evidence collected in relation to a sexual assault or other sex offense.

(c) Grant funds may be used only for the testing by an accredited crime laboratory of evidence that was collected in relation to a sexual assault or other sex offense.

(d) The criminal justice division:

(1) may establish additional eligibility criteria for grant applicants; and

(2) shall establish:

(A) grant application procedures;

(B) guidelines relating to grant amounts; and

(C) criteria for evaluating grant applications.

(e) The criminal justice division shall include in the biennial report required by Section 772.006(a)(9) detailed reporting of the results and performance of the grant program.

Sec. 772.00716. EVIDENCE TESTING ACCOUNT. (a)

The evidence testing account is created as a dedicated account in the general revenue fund of the state treasury.

(b) Money in the account may be appropriated only to the criminal justice division established under Section 772.006 for purposes of the evidence testing grant program established under Section 772.00715.

(c) Funds distributed under Section 772.00715 are subject to audit by the comptroller.

SECTION 4. This Act takes effect September 1, 2017.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 4102 was passed by the House on May 6, 2017, by the following vote: Yeas 142, Nays 1, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 4102 on May 26, 2017, by the following vote: Yeas 140, Nays 4, 2 present, not voting, and that the House adopted H.C.R. No. 159 authorizing certain corrections in H.B. No. 4102 on May 28, 2017, by the following vote: Yeas 126, Nays 11, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 4102 was passed by the Senate, with amendments, on May 24, 2017, by the following vote: Yeas 31, Nays 0, and that the Senate adopted H.C.R. No. 159 authorizing certain corrections in H.B. No. 4102 on May 29, 2017, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate APPROVED: __________________

Date

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Governor