BILL ANALYSIS
H.B. 1271
By: Brimer (Brown)
Administration
05-11-95
Senate Committee Report (Amended)
BACKGROUND
The Texas Peace Officers' Memorial Advisory Committee is mandated
to provide for the design, construction, and funding for the Texas
Peace Officers' Memorial. The advisory committee reports
periodically to the Commission on Law Enforcement Officer Standards
and Education regarding its progress. Current law governing the
committee is unclear.
PURPOSE
As proposed, H.B. 1271 reorganizes the operations of the Texas
Peace Officers' Memorial Advisory Committee.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 415.112, Government Code, as follows:
Sec. 415.112. ESTABLISHMENT OF ADVISORY COMMITTEE. Provides
that the advisory committee is established to advise the
Commission on Law Enforcement Officer Standards and Education
(commission) on funding, design, construction, updating,
maintenance, and management of a Texas peace officers'
memorial on the grounds of the Capitol Complex in honor of
those Texas peace officers who have died in the line of duty.
SECTION 2. Amends Section 415.115(b), Government Code, to authorize
the commission to remove a member from the advisory committee, or
if a member is not an ex officio member, misses more than one-half
of the scheduled committee meetings in one calendar year. Deletes
the provision that the validity of an action of the advisory
committee is not affected by the fact that it was taken while a
ground for removal of a member of the advisory committee existed.
SECTION 3. Amends Section 415.117, Government Code, as follows:
Sec. 415.117. DUTIES. (a) Requires the advisory committee to
recommend, rather than develop, goals, tasks, purposes,
assignments, policies, rules, programs, standards, and
criteria.
(1) Provides that the advisory committee's duties include
advising the commission on the site selection on the grounds
of the Capitol Complex. Deletes the provision that the
architect of the Capitol and the State Preservation Board
approve the site selection.
(2) Makes no changes.
(3)-(4) Delete the provision that the advisory committee
have the approval of the State Preservation Board in
advising the commission in certain matters.
(5) Makes no changes.
(6) Provides that the advisory committee's duties include
advising the commission on selecting individuals or firms to
construct the memorial. Deletes the provision that the
advisory committee advise the commission with the approval
of the State Preservation Board and the General Services
Commission before any contracts for the construction of the
memorial are executed.
(7) Deletes the provision that the advisory committee have
the approval of the State Preservation Board in advising the
commission on certain matters.
(8) Provides that the advisory committee's duties include
advising the commission on establishing rules and procedures
for adding names to the memorial in accordance with
Subsection (c).
(9) Deletes the provision that guidelines for conducting
memorial services at the memorial site are sponsored by the
advisory committee.
(b) Requires a commission decision described by Subsection
(a)(3), (4), or (7), to have the approval of the State
Preservation Board. Requires a commission decision described
by Subsection (a)(1) to have the approval of the State
Preservation Board and the architect of the Capitol. Requires
a commission decision described by Subsection (a)(6) to have
the approval of the State Preservation Board and the General
Services Commission.
(c) Sets forth provisions under which a person's name is
eligible to be on the memorial.
SECTION 4. Amends Section 415.118, Government Code, to delete the
provision that prohibits the commission from adopting a rule
relating to the advisory committee. Deletes the requirement that
the commission submit an oversight report on the activities of the
advisory committee to the legislature immediately before the
commencement of each regularly scheduled session of the
legislature.
SECTION 5. Amends Section 415.120, Government Code, as follows:
Sec. 415.120. FUNDS. (a) Requires all funds contributed for
the Texas peace officers' memorial to be deposited in the
state treasury to the credit of a separate interest-bearing
fund account established for the peace officers' memorial.
Requires any entity that collects funds for the Texas peace
officers' memorial or solicits funds in any way giving the
impression that the proceeds or funds are for the benefit of
the Texas peace officers' memorial to send that money to the
comptroller to be deposited in the fund account not later than
30 days after the money was collected.
(b) Provides that money in the fund may be used only by the
commission with the advice of the advisory committee for the
purposes specified in Section 415.112 and may not be used by
the commission for any commission expenses. Deletes the
provision that money in the fund may be used only by the
advisory committee for the purpose of administering this
subchapter and performing other duties of the advisory
committee established by law.
SECTION 6. Amends Section 415.121, Government Code, to require the
commission, rather than the advisory committee, to issue to the
governor, lieutenant governor, and speaker of the house as well as
the respective oversight committees in the house and the senate an
annual report of its progress in funding, designing, and
constructing the Texas peace officers' memorial.
SECTION 7. Amends Section 415.122, Government Code, as follows:
Sec. 415.122. CEREMONIES. (a) Requires the dedication of the
memorial on the Capitol Complex grounds to be under the
supervision of the lieutenant governor and the speaker of the
house of representatives, rather than conducted by the
Combined Law Enforcement Association. Requires the dedication
to be conducted within guidelines established by the
commission with the advice of the Texas Peace Officers'
Memorial Advisory Committee. Requires all subsequent
ceremonies to be conducted according to guidelines established
by the commission with the advice of the advisory committee.
(b) Requires the commission, rather than the advisory
committee, to timely inform the secretary of the dates of
publication in the Texas Register for the dedication
ceremonies.
SECTION 8. Requires the commission, out of the first money
available to the Commission on Law Enforcement Officer Standards
and Education that may be legally used for this purpose, to
reimburse the Texas peace officers' memorial fund account for any
money the commission withdrew from the fund and used for purposes
not allowed by Section 415.120, Government Code, as that law
existed on the date the money was withdrawn. Provides that
reimbursement under this section includes any interest that the
fund would have accrued on that money.
SECTION 9. Effective date: September 1, 1995.
SECTION 10. Emergency clause.