HBA-AMW H.B. 676 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 676
By: Lewis, Glenn
Criminal Jurisprudence
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, county law enforcement agencies are allowed to spend proceeds
from forfeited property for law enforcement purposes only.  Law enforcement
agencies and an attorney representing the state are required to submit a
budget to the commissioners court (court) or governing body of a
municipality (governing body), but the budget is not required to be
approved by the court or governing body.  Without the approval of the
budget by the court or governing body, expenditures may be made by some law
enforcement agencies that fall outside the scope of an agency's normal
duties and responsibilities and may expose the county to liability.  House
Bill 676 requires the budget to be approved by the court or governing body. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 676 amends the Code of Criminal Procedure to modify the
procedure by which the proceeds awarded from the forfeiture of contraband
are used.  The bill authorizes the proceeds awarded to a law enforcement
agency or an attorney representing the state to be spent by the agency or
attorney after a budget for the expenditure of the proceeds has been
submitted to and approved by the commissioners court or governing body of
the municipality.  The bill removes the provision that prohibits the head
of a law enforcement agency or attorney representing the state from using
the existence of an award of proceeds to increase a salary, expense, or
allowance for an employee of the attorney or agency who is budgeted by the
commissioners court or governing body of the municipality unless the
commissioners court or governing body first approves the expenditure.  

EFFECTIVE DATE

September 1, 2001.