By: Brimer H.B. No. 2200
73R2060 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Peace Officers' Memorial Advisory Committee.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 415.112, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 415.112. Establishment of Advisory Committee. The
1-7 advisory committee is established to fund, design, <and> construct,
1-8 update, maintain, and manage a Texas peace officers' memorial on
1-9 the grounds of the Capitol Complex in honor of those Texas peace
1-10 officers who have died in the line of duty.
1-11 SECTION 2. Section 415.113, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 415.113. Composition of Advisory Committee. The
1-14 advisory committee is composed of:
1-15 (1) <the attorney general;>
1-16 <(2) the director of the Department of Public Safety;>
1-17 <(3)> three licensed peace officers appointed by the
1-18 governor;
1-19 (2) <(4)> a surviving spouse of a Texas peace officer
1-20 who died in the line of duty, appointed by the governor;
1-21 (3) <(5)> nine individuals, each appointed by a member
1-22 of the commission; and
1-23 (4) the following nonvoting ex officio members:
1-24 (A) the director of the Department of Public
2-1 Safety;
2-2 (B) the executive director of the State
2-3 Preservation Board; and
2-4 (C) the director and librarian of the Texas
2-5 State Library and Archives Commission
2-6 <(6) the architect of the capitol>.
2-7 SECTION 3. Section 415.114, Government Code, is amended to
2-8 read as follows:
2-9 Sec. 415.114. Eligibility for Appointment. To be eligible
2-10 for appointment to the advisory committee, a person must be at
2-11 least 21 years of age and a resident of this state. Each appointee
2-12 must be of good character and may not have been convicted of a
2-13 felony or a misdemeanor involving moral turpitude. Each appointee
2-14 other than the appointee described by Section <Sections>
2-15 415.113(2)<(4) and (6)> must meet the experience requirements
2-16 prescribed for commissioners under Section 415.004. Appointments
2-17 to the advisory committee shall be made without regard to the race,
2-18 color, religion, sex, handicap, or national origin of the
2-19 appointee. A person is not eligible for appointment to the
2-20 advisory committee if the person is a commissioner, an employee of
2-21 the commission, or a person who is related within the second degree
2-22 by affinity or consanguinity, as determined under Article 5996h,
2-23 Revised Statutes, to a member of the commission or commission
2-24 employee.
2-25 SECTION 4. Section 415.115, Government Code, is amended to
2-26 read as follows:
2-27 Sec. 415.115. Terms of Office; Removal. (a) Appointed
3-1 members <Members> of the advisory committee hold office for
3-2 two-year terms that expire February 1 of each odd-numbered year <at
3-3 the pleasure of the person having the authority to appoint them>.
3-4 In the event of a vacancy during a term, the member of the
3-5 commission or the public official who appointed the member who has
3-6 vacated the advisory committee position shall appoint a replacement
3-7 who meets the qualifications of the vacated office. <The term of a
3-8 member on the advisory committee expires when replaced by the
3-9 appointing person or when the appointing person is no longer
3-10 authorized to appoint a member of the advisory committee under
3-11 Section 415.113.>
3-12 (b) <The commission may remove an advisory committee member
3-13 at any time at a regular or specially called meeting of the
3-14 commission by a two-thirds vote of the members of the commission
3-15 present and voting.> It is a ground for removal from the advisory
3-16 committee if a member does not have at the time of appointment the
3-17 qualifications required for appointment to the advisory committee
3-18 or does not maintain during service on the advisory committee the
3-19 qualifications required for appointment to the advisory committee.
3-20 The validity of an action of the advisory committee is not affected
3-21 by the fact that it was taken while a ground for removal of a
3-22 member of the advisory committee existed.
3-23 SECTION 5. Section 415.116, Government Code, is amended to
3-24 read as follows:
3-25 Sec. 415.116. Meetings; Organization of Advisory Committee.
3-26 (a) Until dedication of the memorial, the <The> advisory committee
3-27 shall meet at least once in each quarter of the calendar year and
4-1 may meet at other times as necessary to perform its duties. On
4-2 completion of construction and after dedication of the memorial,
4-3 the advisory committee shall meet as necessary to perform its
4-4 duties, but at least once in each calendar year.
4-5 (b) <The attorney general shall serve as permanent
4-6 chairman.> The <remaining> advisory committee members shall elect
4-7 from among themselves the chairman, vice-chairman, and secretary.
4-8 Seven <Nine> of the appointed members constitute a quorum for the
4-9 transaction of business.
4-10 SECTION 6. Section 415.117, Government Code, is amended to
4-11 read as follows:
4-12 Sec. 415.117. Duties. The advisory committee shall advise
4-13 the commission on issues related to the funding, design, <and>
4-14 construction, maintenance, and management of the Texas peace
4-15 officers' memorial and shall develop goals, tasks, purposes,
4-16 assignments, policies, rules, programs, standards, and criteria.
4-17 The advisory committee's duties include:
4-18 (1) actual site selection on the grounds of the
4-19 Capitol Complex, with the approval of the Architect of the Capitol
4-20 and the State Preservation Board;
4-21 (2) raising of funds from private or public
4-22 contributions;
4-23 (3) establishing a schedule for the design,
4-24 construction, and dedication of the memorial, with the approval of
4-25 the State Preservation Board;
4-26 (4) implementing procedures to solicit designs for the
4-27 memorial which must be compatible in scale, proportion, materials,
5-1 and feeling with the early monuments erected on the Capitol Grounds
5-2 and devising a selection process and choice of the final design,
5-3 with the approval of the State Preservation Board;
5-4 (5) selecting individuals or organizations to provide
5-5 fund-raising services;
5-6 (6) selecting individuals or firms to construct the
5-7 memorial with the approval of the State Preservation Board and the
5-8 <State Purchasing and> General Services Commission before any
5-9 contracts for the construction are executed; <and>
5-10 (7) reviewing and monitoring the design and
5-11 construction of the memorial, with the approval of the State
5-12 Preservation Board;
5-13 (8) establishing rules and procedures for adding names
5-14 to the memorial; and
5-15 (9) establishing guidelines for conducting memorial
5-16 services at the memorial site.
5-17 SECTION 7. Section 415.120, Government Code, is amended to
5-18 read as follows:
5-19 Sec. 415.120. Funds. (a) All funds contributed for the
5-20 Texas peace officers' memorial shall be deposited in the state
5-21 treasury to the credit of a separate interest-bearing fund
5-22 established for the peace officers' memorial <account>.
5-23 Notwithstanding other law, income from investments of the fund is
5-24 deposited to the credit of the fund.
5-25 (b) Money in the fund may be used only by the <The> advisory
5-26 committee for the purpose of <may use funds credited to the account
5-27 only in> administering this subchapter and performing other duties
6-1 of the advisory committee established by law.
6-2 SECTION 8. Section 415.122, Government Code, is amended to
6-3 read as follows:
6-4 Sec. 415.122. Ceremonies. (a) The dedication of the
6-5 memorial on the Capitol Complex grounds shall be conducted by the
6-6 Combined Law Enforcement Associations of Texas within the
6-7 guidelines established by the Texas Peace Officers' Memorial
6-8 Advisory Committee <State Preservation Board>. All subsequent
6-9 ceremonies shall be conducted according to guidelines established
6-10 by the advisory committee <State Preservation Board>.
6-11 (b) The secretary of state shall publish the date of the
6-12 dedication ceremonies and of subsequent ceremonies in the Texas
6-13 Register before the 30th day preceding the date of the ceremonies.
6-14 The advisory committee shall timely inform the secretary of the
6-15 dates.
6-16 SECTION 9. (a) Sections 415.123 and 443.015, Government
6-17 Code, are repealed.
6-18 (b) Section 2(b), Chapter 131, Acts of the 71st Legislature,
6-19 Regular Session, 1989, is repealed.
6-20 SECTION 10. The appointed members of the Texas Peace
6-21 Officers' Memorial Advisory Committee serving on the committee on
6-22 the effective date of this Act remain on the committee and serve
6-23 for terms that expire February 1, 1995.
6-24 SECTION 11. This Act takes effect September 1, 1993.
6-25 SECTION 12. The importance of this legislation and the
6-26 crowded condition of the calendars in both houses create an
6-27 emergency and an imperative public necessity that the
7-1 constitutional rule requiring bills to be read on three several
7-2 days in each house be suspended, and this rule is hereby suspended.