1-1 By: Brown S.B. No. 327
1-2 (In the Senate - Filed February 11, 1993; February 15, 1993,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 17, 1993, reported favorably by the following vote: Yeas 13,
1-5 Nays 0; March 17, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the Texas Peace Officers' Memorial Advisory Committee.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 415.112, Government Code, is amended to
1-26 read as follows:
1-27 Sec. 415.112. Establishment of Advisory Committee. The
1-28 advisory committee is established to fund, design, <and> construct,
1-29 update, maintain, and manage a Texas peace officers' memorial on
1-30 the grounds of the Capitol Complex in honor of those Texas peace
1-31 officers who have died in the line of duty.
1-32 SECTION 2. Section 415.113, Government Code, is amended to
1-33 read as follows:
1-34 Sec. 415.113. Composition of Advisory Committee. The
1-35 advisory committee is composed of:
1-36 (1) <the attorney general;>
1-37 <(2) the director of the Department of Public Safety;>
1-38 <(3)> three licensed peace officers appointed by the
1-39 governor;
1-40 (2) <(4)> a surviving spouse of a Texas peace officer
1-41 who died in the line of duty, appointed by the governor;
1-42 (3) <(5)> nine individuals, each appointed by a member
1-43 of the commission; and
1-44 (4) the following nonvoting ex officio members:
1-45 (A) the director of the Department of Public
1-46 Safety;
1-47 (B) the executive director of the State
1-48 Preservation Board; and
1-49 (C) the director and librarian of the Texas
1-50 State Library and Archives Commission
1-51 <(6) the architect of the capitol>.
1-52 SECTION 3. Section 415.114, Government Code, is amended to
1-53 read as follows:
1-54 Sec. 415.114. Eligibility for Appointment. To be eligible
1-55 for appointment to the advisory committee, a person must be at
1-56 least 21 years of age and a resident of this state. Each appointee
1-57 must be of good character and may not have been convicted of a
1-58 felony or a misdemeanor involving moral turpitude. Each appointee
1-59 other than the appointee described by Section <Sections>
1-60 415.113(2)<(4) and (6)> must meet the experience requirements
1-61 prescribed for commissioners under Section 415.004. Appointments
1-62 to the advisory committee shall be made without regard to the race,
1-63 color, religion, sex, handicap, or national origin of the
1-64 appointee. A person is not eligible for appointment to the
1-65 advisory committee if the person is a commissioner, an employee of
1-66 the commission, or a person who is related within the second degree
1-67 by affinity or consanguinity, as determined under Article 5996h,
1-68 Revised Statutes, to a member of the commission or commission
2-1 employee.
2-2 SECTION 4. Section 415.115, Government Code, is amended to
2-3 read as follows:
2-4 Sec. 415.115. Terms of Office; Removal. (a) Appointed
2-5 members <Members> of the advisory committee hold office for
2-6 two-year terms that expire February 1 of each odd-numbered year <at
2-7 the pleasure of the person having the authority to appoint them>.
2-8 In the event of a vacancy during a term, the member of the
2-9 commission or the public official who appointed the member who has
2-10 vacated the advisory committee position shall appoint a replacement
2-11 who meets the qualifications of the vacated office. <The term of a
2-12 member on the advisory committee expires when replaced by the
2-13 appointing person or when the appointing person is no longer
2-14 authorized to appoint a member of the advisory committee under
2-15 Section 415.113.>
2-16 (b) <The commission may remove an advisory committee member
2-17 at any time at a regular or specially called meeting of the
2-18 commission by a two-thirds vote of the members of the commission
2-19 present and voting.> It is a ground for removal from the advisory
2-20 committee if a member does not have at the time of appointment the
2-21 qualifications required for appointment to the advisory committee
2-22 or does not maintain during service on the advisory committee the
2-23 qualifications required for appointment to the advisory committee.
2-24 The validity of an action of the advisory committee is not affected
2-25 by the fact that it was taken while a ground for removal of a
2-26 member of the advisory committee existed.
2-27 SECTION 5. Section 415.116, Government Code, is amended to
2-28 read as follows:
2-29 Sec. 415.116. Meetings; Organization of Advisory Committee.
2-30 (a) Until dedication of the memorial, the <The> advisory committee
2-31 shall meet at least once in each quarter of the calendar year and
2-32 may meet at other times as necessary to perform its duties. On
2-33 completion of construction and after dedication of the memorial,
2-34 the advisory committee shall meet as necessary to perform its
2-35 duties, but at least once in each calendar year.
2-36 (b) <The attorney general shall serve as permanent
2-37 chairman.> The <remaining> advisory committee members shall elect
2-38 from among themselves the chairman, vice-chairman, and secretary.
2-39 Seven <Nine> of the appointed members constitute a quorum for the
2-40 transaction of business.
2-41 SECTION 6. Section 415.117, Government Code, is amended to
2-42 read as follows:
2-43 Sec. 415.117. Duties. The advisory committee shall advise
2-44 the commission on issues related to the funding, design, <and>
2-45 construction, maintenance, and management of the Texas peace
2-46 officers' memorial and shall develop goals, tasks, purposes,
2-47 assignments, policies, rules, programs, standards, and criteria.
2-48 The advisory committee's duties include:
2-49 (1) actual site selection on the grounds of the
2-50 Capitol Complex, with the approval of the Architect of the Capitol
2-51 and the State Preservation Board;
2-52 (2) raising of funds from private or public
2-53 contributions;
2-54 (3) establishing a schedule for the design,
2-55 construction, and dedication of the memorial, with the approval of
2-56 the State Preservation Board;
2-57 (4) implementing procedures to solicit designs for the
2-58 memorial which must be compatible in scale, proportion, materials,
2-59 and feeling with the early monuments erected on the Capitol Grounds
2-60 and devising a selection process and choice of the final design,
2-61 with the approval of the State Preservation Board;
2-62 (5) selecting individuals or organizations to provide
2-63 fund-raising services;
2-64 (6) selecting individuals or firms to construct the
2-65 memorial with the approval of the State Preservation Board and the
2-66 <State Purchasing and> General Services Commission before any
2-67 contracts for the construction are executed; <and>
2-68 (7) reviewing and monitoring the design and
2-69 construction of the memorial, with the approval of the State
2-70 Preservation Board;
3-1 (8) establishing rules and procedures for adding names
3-2 to the memorial; and
3-3 (9) establishing guidelines for conducting memorial
3-4 services at the memorial site.
3-5 SECTION 7. Section 415.120, Government Code, is amended to
3-6 read as follows:
3-7 Sec. 415.120. Funds. (a) All funds contributed for the
3-8 Texas peace officers' memorial shall be deposited in the state
3-9 treasury to the credit of a separate interest-bearing fund
3-10 established for the peace officers' memorial <account>.
3-11 Notwithstanding other law, income from investments of the fund is
3-12 deposited to the credit of the fund.
3-13 (b) Money in the fund may be used only by the <The> advisory
3-14 committee for the purpose of <may use funds credited to the account
3-15 only in> administering this subchapter and performing other duties
3-16 of the advisory committee established by law.
3-17 SECTION 8. Section 415.122, Government Code, is amended to
3-18 read as follows:
3-19 Sec. 415.122. Ceremonies. (a) The dedication of the
3-20 memorial on the Capitol Complex grounds shall be conducted by the
3-21 Combined Law Enforcement Associations of Texas within the
3-22 guidelines established by the Texas Peace Officers' Memorial
3-23 Advisory Committee <State Preservation Board>. All subsequent
3-24 ceremonies shall be conducted according to guidelines established
3-25 by the advisory committee <State Preservation Board>.
3-26 (b) The secretary of state shall publish the date of the
3-27 dedication ceremonies and of subsequent ceremonies in the Texas
3-28 Register before the 30th day preceding the date of the ceremonies.
3-29 The advisory committee shall timely inform the secretary of the
3-30 dates.
3-31 SECTION 9. (a) Sections 415.123 and 443.015, Government
3-32 Code, are repealed.
3-33 (b) Subsection (b), Section 2, Chapter 131, Acts of the 71st
3-34 Legislature, Regular Session, 1989, is repealed.
3-35 SECTION 10. The appointed members of the Texas Peace
3-36 Officers' Memorial Advisory Committee serving on the committee on
3-37 the effective date of this Act remain on the committee and serve
3-38 for terms that expire February 1, 1995.
3-39 SECTION 11. This Act takes effect September 1, 1993.
3-40 SECTION 12. The importance of this legislation and the
3-41 crowded condition of the calendars in both houses create an
3-42 emergency and an imperative public necessity that the
3-43 constitutional rule requiring bills to be read on three several
3-44 days in each house be suspended, and this rule is hereby suspended.
3-45 * * * * *
3-46 Austin,
3-47 Texas
3-48 March 17, 1993
3-49 Hon. Bob Bullock
3-50 President of the Senate
3-51 Sir:
3-52 We, your Committee on State Affairs to which was referred S.B.
3-53 No. 327, have had the same under consideration, and I am instructed
3-54 to report it back to the Senate with the recommendation that it do
3-55 pass and be printed.
3-56 Harris of
3-57 Dallas, Chairman
3-58 * * * * *
3-59 WITNESSES
3-60 FOR AGAINST ON
3-61 ___________________________________________________________________
3-62 Name: Edward Laine x
3-63 Representing: Tx Comm on Law Enforcement
3-64 City: Austin
3-65 -------------------------------------------------------------------
3-66 Name: Ellen Stone x
3-67 Representing: Tx Peace Off Memorial Adv Com
3-68 City: Austin
3-69 -------------------------------------------------------------------
3-70 Name: Linda Bolyard x
4-1 Representing: Self
4-2 City: Sugarland
4-3 -------------------------------------------------------------------
4-4 Name: Dale Fletcher x
4-5 Representing: P.O.M.
4-6 City: Austin
4-7 -------------------------------------------------------------------
4-8 Name: Ronald Delord x
4-9 Representing: CLEAT
4-10 City: Austin
4-11 -------------------------------------------------------------------
4-12 Name: Terry Bratton x
4-13 Representing: Tx Peace Off Memorial Comm
4-14 City: Austin
4-15 -------------------------------------------------------------------