Texas 2015 - 84th Regular

Texas House Bill HB3557 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9273 MAW-D
2	2	By: Turner of Harris H.B. No. 3557
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the reporting of the seizure and forfeiture of
8	8	contraband.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 59.06(g), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(g)(1) All law enforcement agencies and attorneys
13	13	representing the state who receive proceeds or property under this
14	14	chapter shall account for the seizure, forfeiture, receipt, and
15	15	specific expenditure of all the proceeds and property in an audit,
16	16	which is to be performed annually by the commissioners court or
17	17	governing body of a municipality, as appropriate. The annual
18	18	period of the audit for a law enforcement agency is the fiscal year
19	19	of the appropriate county or municipality and the annual period for
20	20	an attorney representing the state is the state fiscal year. The
21	21	audit must be completed on a form provided by the attorney general
22	22	and must include:
23	23	(A) a detailed report that itemizes each seizure
24	24	of proceeds or property under this chapter, including:
25	25	(i) the value of the proceeds or property;
26	26	and
27	27	(ii) a description of the property; and
28	28	(B) a detailed report and explanation of all
29	29	expenditures, including salaries and overtime pay, officer
30	30	training, investigative equipment and supplies, and other items.
31	31	(2) Certified copies of the audit shall be delivered
32	32	by the law enforcement agency or attorney representing the state to
33	33	the attorney general not later than the 60th day after the date on
34	34	which the annual period that is the subject of the audit ends.
35	35	(3) [(2)] If a copy of the audit is not delivered to
36	36	the attorney general within the period required by Subdivision (2)
37	37	[(1)], within five days after the end of the period the attorney
38	38	general shall notify the law enforcement agency or the attorney
39	39	representing the state of that fact. On a showing of good cause,
40	40	the attorney general may grant an extension permitting the agency
41	41	or attorney to deliver a copy of the audit after the period required
42	42	by Subdivision (2) [(1)] and before the 76th day after the date on
43	43	which the annual period that is the subject of the audit ends. If
44	44	the law enforcement agency or the attorney representing the state
45	45	fails to establish good cause for not delivering the copy of the
46	46	audit within the period required by Subdivision (2) [(1)] or fails
47	47	to deliver a copy of an audit within the extension period, the
48	48	attorney general shall notify the comptroller of that fact.
49	49	(4) [(3)] On notice under Subdivision (3) [(2)], the
50	50	comptroller shall perform the audit otherwise required by
51	51	Subdivision (1). At the conclusion of the audit, the comptroller
52	52	shall forward a copy of the audit to the attorney general. The law
53	53	enforcement agency or attorney representing the state is liable to
54	54	the comptroller for the costs of the comptroller in performing the
55	55	audit.
56	56	SECTION 2. The changes in law made by this Act in amending
57	57	Article 59.06(g), Code of Criminal Procedure, apply to any audit
58	58	performed under that subsection on or after the effective date of
59	59	this Act.
60	60	SECTION 3. This Act takes effect September 1, 2015.