HBA-PDH, H.B. 855 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 855 By: Capelo Criminal Jurisprudence 4/1/1999 Introduced BACKGROUND AND PURPOSE Currently, if a local agreement exists between an attorney representing the state and certain law enforcement agencies, the attorney may transfer forfeited property and proceeds to law enforcement agencies to maintain, repair, use, or operate for official purposes. If a local agreement exists, all money, securities, negotiable instruments, stocks or bonds, things of value, or the proceeds from the sale of these items must be deposited into one or more funds. These funds may be used for a variety of programs as determined by ordinance, order, or resolution. 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). (h) Includes financial assistance, as described by Subsection (n), among the purposes for which funds received under Subsection (h) may be used. (i) Creates subsection from existing text and makes a conforming change. (j) Creates subsection from existing text. (n) Provides that a governing body of a political subdivision may provide financial assistance under Subsection (h)(4) only to a person 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. Authorizes a governing body of a political subdivision to impose other reasonable criteria related to the provision of financial assistance. 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.