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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment by the governor of a conservator of |
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certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Government Code, is amended |
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by adding Chapter 426 to read as follows: |
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CHAPTER 426. CONSERVATORSHIP OF COUNTIES |
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Sec. 426.001. DEFINITIONS. In this chapter: |
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(1) "County law enforcement agency" means the |
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sheriff's office or constable's office of a county. |
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(2) "Criminal justice information system" has the |
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meaning assigned by Article 66.001, Code of Criminal Procedure. |
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(3) "Department" means the Department of Public Safety |
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of the State of Texas. |
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Sec. 426.002. REVIEW OF CRIMINAL ACTIVITY IN COUNTY; |
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ACTION. The department shall review the information in the criminal |
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justice information system to determine whether there has been a |
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significant increase in criminal activity in a county of this |
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state. If the department determines that a significant increase in |
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criminal activity in a county poses a threat to public safety for |
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residents of this state, the department shall: |
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(1) notify the governor of the threat to public safety |
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for residents of this state; |
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(2) work with the county commissioners court and |
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county law enforcement agencies to reduce the criminal activity in |
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the county, including increasing the number of department personnel |
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in the county; and |
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(3) notify the county commissioners court and county |
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law enforcement agencies that failure to reduce criminal activity |
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in the county may result in a law enforcement agency being placed in |
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state conservatorship. |
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Sec. 426.003. APPOINTMENT OF CONSERVATOR. (a) If the |
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county commissioners court or any county law enforcement agency |
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does not cooperate with the department to implement measures to |
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reduce criminal activity in the county, the department shall notify |
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the governor of the failure to cooperate and may recommend that the |
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governor appoint a conservator for the county law enforcement |
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agency. |
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(b) After receipt of a notice under Subsection (a), the |
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governor by proclamation may appoint a conservator, in accordance |
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with the recommendation, to act as conservator of the county law |
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enforcement agency. |
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(c) To be eligible for appointment as a conservator, a |
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person must be qualified, by experience or education, in law |
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enforcement. |
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(d) Except as otherwise provided by this chapter, a |
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conservator shall act as conservator of a county law enforcement |
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agency in the manner provided by Chapter 2104 for conservatorship |
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of state agencies by a conservator. |
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Sec. 426.004. ASSUMPTION OF POLICY FUNCTIONS. The |
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conservator appointed by the governor under Section 426.003 shall |
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assume all the powers and duties of the officers responsible for |
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policy direction of the county law enforcement agency that is the |
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subject of the proclamation, and those officers may not act unless |
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authorized by the conservator. |
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Sec. 426.005. DURATION OF CONSERVATORSHIP. A |
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conservatorship of a county law enforcement agency under this |
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chapter continues until the earlier of: |
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(1) the governor's issuing of a proclamation declaring |
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that criminal activity in the county no longer justifies the need |
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for a conservatorship and that the conservatorship is dissolved; or |
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(2) the department's finding and certifying to the |
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governor that the criminal activity in the county no longer |
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requires the conservatorship, in which case the conservatorship is |
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dissolved. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |