74(R) HB 1271 House Committee Report

BILL ANALYSIS

H.B. 1271
By: Brimer
4-5-95
Committee Report (Amended)

BACKGROUND

Enactment of S.B. 892, 71st Legislature, Regular Session, created
the Texas Peace Officers' Memorial Advisory Committee (advisory
committee) which is mandated to provide for the design,
construction, and funding for the Texas Peace Officer Memorial.
The advisory committee reports periodically to the Texas Commission
on Law Enforcement Officer Standards and Education (the Commission)
on its progress.

Enactment of S.B. 180, 72nd Legislature, Regular Session,
authorized the State Preservation Board to establish guidelines
relating to peace officer memorial ceremonies within the Capitol
complex.

Enactment of S.B. 327, 73rd Legislature, Regular Session,
authorized a change in the Texas Peace Officer's Memorial Advisory
Committee's composition, meeting schedule, funding, and duties.

A number of problems have arisen concerning the current rules
affecting the advisory committee. First: a definite question
has been raised on what the Committee's actual duties are, and what
they may and may not do. A question has also been raised over
precisely what jurisdiction the Commission has over the Advisory
Committee. The Commission has requested an Attorney General's
Opinion to clarify what authority the Commission has over the
Advisory Committee. Second: while the Commission appoints the
majority of the members of the Advisory Committee, there is no way
by statute to remove persons from the Advisory Committee if they
fail to attend meetings or in any other way fail to fulfill their
duties as a member of the Advisory Commission.
Third: there has been a discrepancy over whose names could
actually be placed upon the Memorial.
Fourth: private entities have been collecting funds in the
name of the Memorial, but not turning the money over to the State
to be placed in the Memorial Account at the Texas State Treasury.

Fifth: complaints have surfaced regarding the placement in the
statutes of a non-governmental entity as the sponsor of the initial
dedication of the Memorial. Concerns have been raised that with
the placement of this non-governmental entity in the statutes, this
non-governmental entity has proclaimed ownership of the Memorial.

The point has been raised that Commission, as the chief law
enforcement agency in the state, would best be the sponsor of this
event. It has also been a contention that in the past, the
Commission used funds raised for the Memorial to pay in-house
expenses dealing with the memorial.

PURPOSE

As proposed, H.B. 1271 amends the government code as it relates to
the composition, funding, duties and ceremonies of the Texas Peace
Officers' Memorial Advisory Committee.

RULEMAKING AUTHORITY

It is the opinion of this committee that this bill delegates
rulemaking authority to the Texas Commission on Law Enforcement
Standards and Education under Section 2 (Sec. 415.115(b).
Government Code)., Section 4 (Sec. 415.118, Government Code),
Section 6 (Sec. 415.121, Government Code) and Section 7 (Sec.
415.122, Government Code).
SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 415.112, Government Code, to stipulate
that the Advisory Committee was created to advise the Commission on
funding, design, construction, updating, maintenance and management
of the Memorial.

SECTION 2. Amends Section 415.115(b), Government Code, to stipulate
that the Commission may remove a member of the Advisory Committee
(who is not an ex officio member) if the member misses more than
one-half of the scheduled committee meetings in one calendar year.

SECTION 3. Amends Section 415.117, Government Code, to stipulate
that the Advisory Committee shall recommend (instead of develop)
and advise the Commission on matters including but not limited to:
goals, tasks, purposes, assignments, policies, rules, programs,
standards, criteria, site selection, fund raising, design and
construction of the Memorial. It also stipulates in what areas the
Commission must receive approval from the State Preservation Board
and whose name may appear on the Memorial.

SECTION 4. Amends Section 415.118, Government Code, to require the
Advisory Committee to submits reports, as required by the
Commission, to the Commission.

SECTION 5. Amends Section 415.120, Government Code, to require that
all monies raised for the Memorial (whether it be by governmental
or non-governmental entities) be turned over to the State Treasury
to the credit of the account established for the peace officers'
memorial. This section goes on to stipulate that the money may
only be used by the commission with the advice of the advisory
committee and that and that the money raised for the Memorial may
not be used to pay any Commission expenses.

SECTION 6. Amends Section 415.121, Government Code to stipulate
that the commission (and no longer the advisory committee) shall
issue a report of its progress in funding, designing, and
constructing the Memorial.

SECTION 7. Amends Section 415.122, Government Code, by removing the
Combined Law Enforcement Association of Texas (CLEAT), (a non-governmental entity that does not represent the entire law
enforcement community) as the entity who will hold the dedication
ceremony of the Memorial, and replaces them with the Commission,
the state agency responsible for the training and licensing of all
Texas Peace Officers. Furthermore, this section stipulates that
the dedication and subsequent ceremonies will be conducted within
reasonable guidelines established by the Commission with the advice
of the Advisory Committee and that the Commission shall timely
notify the Secretary of State of the dates of the ceremonies.

SECTION 8. Stipulates that out of the first money available to the
Commission that may be legally used for this purpose, the
Commission shall reimburse the texas Peace Officers' Memorial Fund
Account for any money the Commission used for purposes not allowed
by Section 415.120, Government Code, as that law existed on the
date the money was used.

SECTION 9. Specifies the effective date of this act as September
1, 1995.

SECTION 10. Emergency Clause

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 strikes SECTION 6 and adds a new SECTION
6 (amending Section 415.121, Government Code), and seeks to
increase accountability by requiring an annual progress report to
the Governor, Lt. Governor, Speaker, and the oversight committees
in the House and Senate.

Committee Amendment No.2 strikes SECTION 7 and adds a new SECTION
7 (amending Section 415.122, Government Code), directing the
commission to coordinate the dedication ceremony with the oversight
committees of the House of Representatives and Senate in order to
assure the participation of all interested peace officer groups and
law enforcement associations of the state.

SUMMARY OF COMMITTEE ACTION

HB 1271 was considered by the House Committee on State, Federal,
and International Relations in a public hearing on 22 March 1995.

The following persons testified in favor of the bill:

Mr. Jack Means, President
Texas Conference of Police and Sheriffs

Mr. Jim Lyde, Executive Director
Texas Municipal Police Association

Ms. Barbara Childress, Richland Hills Chief of Police
Chairwoman, TCLEOSE

Mr. Jim Fawcett
Texas Police Chiefs Association

Ms. Sayra Hearn Hesselsweet

Mr. Terry Bratton

The following person did not testify but wished the record to show
his support of the bill:

Mr. B.J. Browning
Irving Police Patrolmen's Union Local 323

The following person testified neutrally on the measure:

Mr. Ronald G. DeLord
CLEAT

The bill was left pending.

HB 1271 was again taken up and considered by the committee in a
public hearing on 5 April 1995. The committee considered two
amendments to the bill.

Committee Amendment No. 1 was adopted by a record vote of 7 ayes,
0 nays, 0 pnv and
2 absent.

Committee Amendment No. 2 was adopted by a record vote of 7 ayes,
0 nays, 0 pnv and
2 absent.

The bill was reported favorably as amended with the recommendation
that it do pass and be printed, by a record vote of 7 ayes, 0 nays,
0 pnv, and 2 absent.