HBA-GUM, PDH, H.B. 855 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 855 By: Capelo Criminal Jurisprudence 7/7/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Texas Legislature, if a local agreement existed between an attorney representing the state and certain law enforcement agencies, the attorney could transfer forfeited property and proceeds to law enforcement agencies to maintain, repair, use, or operate for official purposes. H.B. 855 expands the use of forfeited proceeds by authorizing the governing body of a political subdivision to offer financial assistance to a person who plans to enroll or is presently enrolled at an institution of higher education in a field related to law enforcement. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 59.06, Code of Criminal Procedure, as follows: Art. 59.06. DISPOSITION OF FORFEITED PROPERTY. (a) Makes a change conforming to the redesignation of Subsection (i) to Subsection (k). (g) Includes the comptroller's office among the entities to which a law enforcement agency or attorney representing the state is required to deliver certified copies of the audit. (h) Includes financial assistance, as described by Subsection (o), among the purposes for which funds received under Subsection (h) may be used. (i) Created from existing text and makes a conforming change. (j) Created from existing text. (k) Redesignated from existing Subsection (i). (l) Redesignated from existing Subsection (j). (m) Redesignated from existing Subsection (k). (n) Authorizes a local law enforcement agency, as a specific exception to Subsection (c)(2) or (3), to transfer not more than a total of 10 percent of the gross amount credited to the agency's fund to a separate special fund in the treasury of the political subdivision. Requires the agency to administer the separate special fund. Provides that expenditures from the fund are at the sole discretion of the agency, and may be used only for financial assistance as described by Subsection (o). (o) Authorizes a governing body of a political subdivision or a local law enforcement agency to provide financial assistance under Subsection (h)(4) or (n) only to a person who is a Texas resident, who plans to enroll or is enrolled at an institution of higher education in an undergraduate degree or certificate program in a field related to law enforcement, and who plans to return to that locality to work for the political subdivision or the agency in a field related to law enforcement. Requires a governing body of a political subdivision or the agency to impose other reasonable criteria related to the provision of financial assistance, including a requirement that the financial aid recipient work for the political subdivision or agency in a field related to law enforcement for a period of time. Defines "institute of higher education" according to the meaning assigned by Section 61.003 (Definitions), Education Code. Redesignates existing Subsections (i) - (k) to Subsections (k) - (m). SECTION 2.Effective date: September 1, 1999. SECTION 3.Emergency clause.