H.B. No. 1271
    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 advise the commission on
    1-8  funding <fund>, design, construction, updating, maintenance, and
    1-9  management of <construct, update, maintain, and manage> a Texas
   1-10  peace officers' memorial on the grounds of the Capitol Complex in
   1-11  honor of those Texas peace officers who have died in the line of
   1-12  duty.
   1-13        SECTION 2.  Section 415.115(b), Government Code, is amended
   1-14  to read as follows:
   1-15        (b)  The commission may remove a member <It is a ground for
   1-16  removal> from the advisory committee if a member does not have at
   1-17  the time of appointment the qualifications required for appointment
   1-18  to the advisory committee, <or> does not maintain during service on
   1-19  the advisory committee the qualifications required for appointment
   1-20  to the advisory committee, or, if the member is not an ex officio
   1-21  member, misses more than one-half of the scheduled committee
   1-22  meetings in one calendar year.  <The validity of an action of the
   1-23  advisory committee is not affected by the fact that it was taken
   1-24  while a ground for removal of a member of the advisory committee
    2-1  existed.>
    2-2        SECTION 3.  Section 415.117, Government Code, is amended to
    2-3  read as follows:
    2-4        Sec. 415.117.  DUTIES.  (a)  The advisory committee shall
    2-5  advise the commission on issues related to the funding, design,
    2-6  construction, maintenance, and management of the Texas peace
    2-7  officers' memorial and shall recommend <develop> goals, tasks,
    2-8  purposes, assignments, policies, rules, programs, standards, and
    2-9  criteria.  The advisory committee's duties include advising the
   2-10  commission on:
   2-11              (1)  actual site selection on the grounds of the
   2-12  Capitol Complex<, with the approval of the Architect of the Capitol
   2-13  and the State Preservation Board>;
   2-14              (2)  raising of funds from private or public
   2-15  contributions;
   2-16              (3)  establishing a schedule for the design,
   2-17  construction, and dedication of the memorial<, with the approval of
   2-18  the State Preservation Board>;
   2-19              (4)  implementing procedures to solicit designs for the
   2-20  memorial which must be compatible in scale, proportion, materials,
   2-21  and feeling with the early monuments erected on the Capitol Grounds
   2-22  and devising a selection process and choice of the final design<,
   2-23  with the approval of the State Preservation Board>;
   2-24              (5)  selecting individuals or organizations to provide
   2-25  fund-raising services;
   2-26              (6)  selecting individuals or firms to construct the
   2-27  memorial <with the approval of the State Preservation Board and the
    3-1  General Services Commission before any contracts for the
    3-2  construction are executed>;
    3-3              (7)  reviewing and monitoring the design and
    3-4  construction of the memorial<, with the approval of the State
    3-5  Preservation Board>;
    3-6              (8)  establishing rules and procedures for adding names
    3-7  to the memorial in accordance with Subsection (c); and
    3-8              (9)  establishing guidelines for conducting
    3-9  <advisory-committee-sponsored> memorial services at the memorial
   3-10  site.
   3-11        (b)  A commission decision described by Subsection (a)(3),
   3-12  (4), or (7) must have the approval of the State Preservation Board;
   3-13  a commission decision described by Subsection (a)(1) must have the
   3-14  approval of the State Preservation Board and the architect of the
   3-15  Capitol; and a commission decision described by Subsection (a)(6)
   3-16  must have the approval of the State Preservation Board and the
   3-17  General Services Commission.
   3-18        (c)  A person's name is eligible to be on the memorial if the
   3-19  person was killed in the line of duty and was a:
   3-20              (1)  Texas law enforcement officer;
   3-21              (2)  commissioned deputy game warden; or
   3-22              (3)  corrections officer in a municipal, county, or
   3-23  state penal institution in this state.
   3-24        SECTION 4.  Section 415.118, Government Code, is amended to
   3-25  read as follows:
   3-26        Sec. 415.118.  REPORTS. The advisory committee shall submit
   3-27  reports to the commission relating to the operation of the advisory
    4-1  committee as required by the commission.  <The commission may not
    4-2  adopt a rule relating to the advisory committee, but the commission
    4-3  shall submit an oversight report on the activities of the advisory
    4-4  committee to the legislature immediately before the commencement of
    4-5  each regularly scheduled session of the legislature.>
    4-6        SECTION 5.  Section 415.120, Government Code, is amended to
    4-7  read as follows:
    4-8        Sec. 415.120.  FUNDS.  (a)  All funds contributed for the
    4-9  Texas peace officers' memorial shall be deposited in the state
   4-10  treasury to the credit of a separate interest-bearing fund account
   4-11  established for the peace officers' memorial.  Any entity that
   4-12  collects funds for the Texas peace officers' memorial or solicits
   4-13  funds in any way giving the impression that the proceeds or funds
   4-14  are for the benefit of the Texas peace officers' memorial shall
   4-15  send that money to the comptroller to be deposited in the fund
   4-16  account not later than the 30th day after the date on which the
   4-17  money was collected.  Notwithstanding other law, income from
   4-18  investments of the fund is deposited to the credit of the fund.
   4-19        (b)  Money in the fund may be used only by the commission
   4-20  with the advice of the advisory committee for the purposes
   4-21  specified in Section 415.112 and may not be used by the commission
   4-22  for any commission expenses <purpose of administering this
   4-23  subchapter and performing other duties of the advisory committee
   4-24  established by law>.
   4-25        SECTION 6.  Section 415.121, Government Code, is amended to
   4-26  read as follows:
   4-27        Sec. 415.121.  STATEMENT OF PROGRESS.  The commission
    5-1  <advisory committee> shall issue to the governor, lieutenant
    5-2  governor, and speaker of the house as well as the respective
    5-3  oversight committees in the house and the senate an annual <a>
    5-4  report of its progress in funding, designing, and constructing the
    5-5  Texas peace officers' memorial.
    5-6        SECTION 7.  Section 415.122, Government Code, is amended to
    5-7  read as follows:
    5-8        Sec. 415.122.  CEREMONIES.  (a)  The dedication of the
    5-9  memorial on the Capitol Complex grounds shall be under the
   5-10  supervision of <conducted by> the lieutenant governor and the
   5-11  speaker of the house of representatives <Combined Law Enforcement
   5-12  Association within reasonable guidelines established by the Texas
   5-13  Peace Officers' Memorial Advisory Committee, provided that the
   5-14  guidelines do not exceed the guidelines established by the State
   5-15  Preservation Board for other ceremonies held on the Capitol Complex
   5-16  grounds>.  All subsequent ceremonies shall be conducted according
   5-17  to reasonable guidelines established by the commission with the
   5-18  advice of the advisory committee, provided that the guidelines do
   5-19  not exceed the guidelines established by the State Preservation
   5-20  Board for other ceremonies held on the Capitol Complex grounds.
   5-21        (b)  The secretary of state shall publish the date of the
   5-22  dedication ceremonies and of subsequent ceremonies in the Texas
   5-23  Register before the 30th day preceding the date of the ceremonies.
   5-24  The commission <advisory committee> shall timely inform the
   5-25  secretary of the dates.
   5-26        SECTION 8.  Out of the first money available to the
   5-27  Commission on Law Enforcement Officer Standards and Education that
    6-1  may be legally used for this purpose, the commission shall
    6-2  reimburse the Texas peace officers' memorial fund account for any
    6-3  money the commission withdrew from the fund and used for purposes
    6-4  not allowed by Section 415.120, Government Code, as that law
    6-5  existed on the date the money was withdrawn.  Reimbursement under
    6-6  this section includes any interest that the fund would have accrued
    6-7  on that money.
    6-8        SECTION 9.  This Act takes effect September 1, 1995.
    6-9        SECTION 10.  The importance of this legislation and the
   6-10  crowded condition of the calendars in both houses create an
   6-11  emergency and an imperative public necessity that the
   6-12  constitutional rule requiring bills to be read on three several
   6-13  days in each house be suspended, and this rule is hereby suspended.