LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 23, 2011 TO: Honorable David Dewhurst, Lieutenant Governor, Senate Honorable Joe Straus, Speaker of the House, House of Representatives FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB316 by Whitmire (Relating to criminal asset forfeiture, the disposition of proceeds and property from criminal asset forfeiture, and accountability for that disposition; providing civil penalties. ), Conference Committee Report No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure regarding the use, audit, and enforcement of forfeited assets and would authorize the Office of the Attorney General to file suit to recover a civil penalty on violations of criminal asset forfeiture law. The bill would also provide that the State Auditors Office (SAO) may conduct audits and investigations on forfeited assets and would require law enforcement agencies and attorneys representing the state to reimburse the State Auditor's Office. It is anticipated that any additional costs associated with implementation of the legislation could be absorbed within existing resources. Additionally, in accordance with Government Code 321.013, all additional duties and responsibilities prescribed by the bill regarding the SAO would be proposed in the SAOs annual audit plan for Legislative Audit Committee approval. The Comptroller of Public Accounts has indicated that the number of potential violations and the amount of penalties levied are unknown. Therefore, there could be an indeterminate revenue increase to the state. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 308 State Auditor's Office LBB Staff: JOB, ESi, MS, JM, TB, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
May 23, 2011
TO: Honorable David Dewhurst, Lieutenant Governor, Senate Honorable Joe Straus, Speaker of the House, House of Representatives FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB316 by Whitmire (Relating to criminal asset forfeiture, the disposition of proceeds and property from criminal asset forfeiture, and accountability for that disposition; providing civil penalties. ), Conference Committee Report
TO: Honorable David Dewhurst, Lieutenant Governor, Senate Honorable Joe Straus, Speaker of the House, House of Representatives
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: SB316 by Whitmire (Relating to criminal asset forfeiture, the disposition of proceeds and property from criminal asset forfeiture, and accountability for that disposition; providing civil penalties. ), Conference Committee Report
Honorable David Dewhurst, Lieutenant Governor, Senate Honorable Joe Straus, Speaker of the House, House of Representatives
Honorable David Dewhurst, Lieutenant Governor, Senate Honorable Joe Straus, Speaker of the House, House of Representatives
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
SB316 by Whitmire (Relating to criminal asset forfeiture, the disposition of proceeds and property from criminal asset forfeiture, and accountability for that disposition; providing civil penalties. ), Conference Committee Report
SB316 by Whitmire (Relating to criminal asset forfeiture, the disposition of proceeds and property from criminal asset forfeiture, and accountability for that disposition; providing civil penalties. ), Conference Committee Report
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure regarding the use, audit, and enforcement of forfeited assets and would authorize the Office of the Attorney General to file suit to recover a civil penalty on violations of criminal asset forfeiture law. The bill would also provide that the State Auditors Office (SAO) may conduct audits and investigations on forfeited assets and would require law enforcement agencies and attorneys representing the state to reimburse the State Auditor's Office. It is anticipated that any additional costs associated with implementation of the legislation could be absorbed within existing resources. Additionally, in accordance with Government Code 321.013, all additional duties and responsibilities prescribed by the bill regarding the SAO would be proposed in the SAOs annual audit plan for Legislative Audit Committee approval. The Comptroller of Public Accounts has indicated that the number of potential violations and the amount of penalties levied are unknown. Therefore, there could be an indeterminate revenue increase to the state.
The bill would amend the Code of Criminal Procedure regarding the use, audit, and enforcement of forfeited assets and would authorize the Office of the Attorney General to file suit to recover a civil penalty on violations of criminal asset forfeiture law. The bill would also provide that the State Auditors Office (SAO) may conduct audits and investigations on forfeited assets and would require law enforcement agencies and attorneys representing the state to reimburse the State Auditor's Office. It is anticipated that any additional costs associated with implementation of the legislation could be absorbed within existing resources. Additionally, in accordance with Government Code 321.013, all additional duties and responsibilities prescribed by the bill regarding the SAO would be proposed in the SAOs annual audit plan for Legislative Audit Committee approval.
The Comptroller of Public Accounts has indicated that the number of potential violations and the amount of penalties levied are unknown. Therefore, there could be an indeterminate revenue increase to the state.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 308 State Auditor's Office
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 308 State Auditor's Office
LBB Staff: JOB, ESi, MS, JM, TB, KKR
JOB, ESi, MS, JM, TB, KKR