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.