By Brimer H.B. No. 1271
74R3602 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 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 peace officers' memorial shall send that
4-13 money to the comptroller to be deposited in the fund account not
4-14 later than the 30th day after the date on which the money was
4-15 collected. Notwithstanding other law, income from investments of
4-16 the fund is deposited to the credit of the fund.
4-17 (b) Money in the fund may be used only by the commission
4-18 with the advice of the advisory committee for the purposes
4-19 specified in Section 415.112 and may not be used by the commission
4-20 for any commission expenses <purpose of administering this
4-21 subchapter and performing other duties of the advisory committee
4-22 established by law>.
4-23 SECTION 6. Section 415.121, Government Code, is amended to
4-24 read as follows:
4-25 Sec. 415.121. STATEMENT OF PROGRESS. The commission
4-26 <advisory committee> shall issue a report of its progress in
4-27 funding, designing, and constructing the Texas peace officers'
5-1 memorial.
5-2 SECTION 7. Section 415.122, Government Code, is amended to
5-3 read as follows:
5-4 Sec. 415.122. CEREMONIES. (a) The dedication of the
5-5 memorial on the Capitol Complex grounds shall be conducted by the
5-6 commission <Combined Law Enforcement Associations of Texas> within
5-7 reasonable guidelines established by the commission with the advice
5-8 of the Texas Peace Officers' Memorial Advisory Committee, provided
5-9 that the guidelines do not exceed the guidelines established by the
5-10 State Preservation Board for other ceremonies held on the Capitol
5-11 Complex grounds. All subsequent ceremonies shall be conducted
5-12 according to reasonable guidelines established by the commission
5-13 with the advice of the 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.
5-17 (b) The secretary of state shall publish the date of the
5-18 dedication ceremonies and of subsequent ceremonies in the Texas
5-19 Register before the 30th day preceding the date of the ceremonies.
5-20 The commission <advisory committee> shall timely inform the
5-21 secretary of the dates.
5-22 SECTION 8. Out of the first money available to the
5-23 Commission on Law Enforcement Officer Standards and Education that
5-24 may be legally used for this purpose, the commission shall
5-25 reimburse the Texas peace officers' memorial fund account for any
5-26 money the commission withdrew from the fund and used for purposes
5-27 not allowed by Section 415.120, Government Code, as that law
6-1 existed on the date the money was withdrawn. Reimbursement under
6-2 this section includes any interest that the fund would have accrued
6-3 on that money.
6-4 SECTION 9. This Act takes effect September 1, 1995.
6-5 SECTION 10. The importance of this legislation and the
6-6 crowded condition of the calendars in both houses create an
6-7 emergency and an imperative public necessity that the
6-8 constitutional rule requiring bills to be read on three several
6-9 days in each house be suspended, and this rule is hereby suspended.
6-10 COMMITTEE AMENDMENT NO. 1
6-11 Amend H.B. 1271 by striking SECTION 6 and adding a new
6-12 SECTION 6 to read as follows:
6-13 SECTION 6. Section 415.121, Government Code, is amended to
6-14 read as follows:
6-15 Sec. 415.121. STATEMENT OF PROGRESS. The commission
6-16 <advisory committee> shall issue to the Governor, Lt. Governor and
6-17 Speaker of the House as well as the respective oversight committees
6-18 in the House and the Senate an annual <a> report of its progress in
6-19 funding, designing, and constructing the Texas peace officers'
6-20 memorial.
6-21 Hunter of Taylor
6-22 COMMITTEE AMENDMENT NO. 2
6-23 Amend H.B. 1271 by striking SECTION 7 and adding a new
6-24 SECTION 7 to read as follows:
6-25 SECTION 7. Section 415.122, Government Code, is amended to
6-26 read as follows:
6-27 Sec. 415.122. CEREMONIES. (a) The dedication of the
7-1 memorial on the Capitol Complex grounds shall be conducted by the
7-2 commission <Combined Law Enforcement Association> in coordination
7-3 with the respective oversight committees of the House of
7-4 Representatives and the Senate in order to assure the participation
7-5 of all peace officer groups and law enforcement associations of the
7-6 state. In addition, the dedication shall be conducted within
7-7 reasonable guidelines established by the commission with the advice
7-8 of the Texas Peace Officers' Memorial Advisory Committee, provided
7-9 that the guidelines do not exceed the guidelines established by the
7-10 State Preservation Board for other ceremonies held on the Capitol
7-11 Complex grounds. All subsequent ceremonies shall be conducted
7-12 according to reasonable guidelines established by the commission
7-13 with the advice of the advisory committee, provided that the
7-14 guidelines do not exceed the guidelines established by the State
7-15 Preservation Board for other ceremonies held on the Capitol Complex
7-16 grounds.
7-17 (b) The secretary of state shall publish the date of the
7-18 dedication ceremonies and of subsequent ceremonies in the Texas
7-19 Register before the 30th day preceding the date of the ceremonies.
7-20 The commission <advisory committee> shall timely inform the
7-21 secretary of the dates.
7-22 Hunter of Taylor