HBA-NMO H.B. 424 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 424
By: Turner, Bob
Criminal Jurisprudence
7/29/1999
Enrolled


BACKGROUND AND PURPOSE 

A capital murder trial in Texas costs on average between $200,000 and
300,000 to prosecute. In rural counties, a capital murder trial and the
automatic appeal that a conviction triggers can put a significant strain on
the county budget and perhaps even lead a county to seek a lesser charge
against the defendant despite the prosecutor's belief that a charge of
capital murder is warranted. H.B. 424 authorizes the criminal justice
division of the governor's office to distribute money to eligible counties
for the reimbursement of extraordinary costs incurred by a county for the
investigation or prosecution of a capital murder.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the criminal justice division of the
governor's office in SECTION 1 (Section 104.004(f), Code of Criminal
Procedure) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 104, Code of Criminal Procedure, by adding
Article 104.004, as follows:  

Art.104.004.  EXTRAORDINARY COSTS OF PROSECUTION.  Authorizes the criminal
justice division of the governor's office (division) to distribute money
appropriated by the legislature for this purpose.  Provides that a county
is eligible to apply to the division for a distribution of money under this
article if during the preceding fiscal year certain financial conditions
existed.  Provides that the commissioners court of a county must submit
with an application a financial statement of the county revealing certain
amounts of funds received and expended.  Authorizes the division to
distribute money to eligible counties for the reimbursement of expenses
incurred by a county for the year for which application is made for the
investigation or prosecution under Section 19.03 (Capital Murder), Penal
Code. Specifies limitations on the reimbursement amount.  Sets forth
procedures for the distribution of money.  Authorizes the division to adopt
a budget and rules for the distribution of money under this article.
Provides that all money distributed to a county and its expenditure by the
county are subject to audit by the state auditor.  

SECTION 2. Authorizes a commissioners court of a county to apply to the
criminal justice division of the governor's office for a distribution of
money, as provided by Article 104.004, Code of Criminal Procedure, on or
after January 1, 2000. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.