HBA-PDH, H.B. 855 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 855
By: Capelo
Criminal Jurisprudence
4/12/1999
Committee Report (Amended)



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)  Created from existing text and makes a conforming change.

(j)  Created from existing text.

(n) Authorize a governing body of a political subdivision to 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.



 EXPLANATION OF AMENDMENTS

Committee Amendment No.  1.

Amends proposed Article 59.06(n), Code of Criminal Procedure, to add a
local law enforcement agency to those authorized to provide financial
assistance under Subsection (h)(4).