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.