1-1 By: Brimer (Senate Sponsor - Brown) H.B. No. 1271
1-2 (In the Senate - Received from the House May 1, 1995;
1-3 May 4, 1995, read first time and referred to Committee on
1-4 Administration; May 10, 1995, reported favorably, as amended, by
1-5 the following vote: Yeas 7, Nays 0; May 10, 1995, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Patterson
1-8 Amend H.B. 1271 as follows:
1-9 (1) In SECTION 5, proposed Sec. 415.120(a), Government Code,
1-10 strike the second sentence (the underlined portion of subsection
1-11 (a)) and replace it with the following:
1-12 "Any entity that collects funds for the Texas peace officers'
1-13 memorial or solicits funds in any way giving the impression that
1-14 the proceeds or funds is for the benefit of the Texas peace
1-15 officers' memorial shall send that money to the comptroller to be
1-16 deposited in the fund account not later than the 30th day after the
1-17 date on which the money was collected."
1-18 (2) In SECTION 7, proposed Sec. 415.122, Government Code,
1-19 strike the first sentence in subsection (a) and replace it with the
1-20 following:
1-21 "The dedication of the memorial on the Capitol Complex
1-22 grounds shall be under the supervision of <conducted by> the
1-23 lieutenant governor and the speaker of the house of
1-24 representatives. <Combined Law Enforcement Association within
1-25 reasonable guidelines established by the Texas Peace Officers'
1-26 Memorial Advisory Committee, provided that the guidelines do not
1-27 exceed the guidelines established by the State Preservation Board
1-28 for other ceremonies held on the Capitol Complex grounds.>"
1-29 A BILL TO BE ENTITLED
1-30 AN ACT
1-31 relating to the Texas Peace Officers' Memorial Advisory Committee.
1-32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-33 SECTION 1. Section 415.112, Government Code, is amended to
1-34 read as follows:
1-35 Sec. 415.112. ESTABLISHMENT OF ADVISORY COMMITTEE. The
1-36 advisory committee is established to advise the commission on
1-37 funding <fund>, design, construction, updating, maintenance, and
1-38 management of <construct, update, maintain, and manage> a Texas
1-39 peace officers' memorial on the grounds of the Capitol Complex in
1-40 honor of those Texas peace officers who have died in the line of
1-41 duty.
1-42 SECTION 2. Section 415.115(b), Government Code, is amended
1-43 to read as follows:
1-44 (b) The commission may remove a member <It is a ground for
1-45 removal> from the advisory committee if a member does not have at
1-46 the time of appointment the qualifications required for appointment
1-47 to the advisory committee, <or> does not maintain during service on
1-48 the advisory committee the qualifications required for appointment
1-49 to the advisory committee, or, if the member is not an ex officio
1-50 member, misses more than one-half of the scheduled committee
1-51 meetings in one calendar year. <The validity of an action of the
1-52 advisory committee is not affected by the fact that it was taken
1-53 while a ground for removal of a member of the advisory committee
1-54 existed.>
1-55 SECTION 3. Section 415.117, Government Code, is amended to
1-56 read as follows:
1-57 Sec. 415.117. DUTIES. (a) The advisory committee shall
1-58 advise the commission on issues related to the funding, design,
1-59 construction, maintenance, and management of the Texas peace
1-60 officers' memorial and shall recommend <develop> goals, tasks,
1-61 purposes, assignments, policies, rules, programs, standards, and
1-62 criteria. The advisory committee's duties include advising the
1-63 commission on:
1-64 (1) actual site selection on the grounds of the
1-65 Capitol Complex<, with the approval of the Architect of the Capitol
1-66 and the State Preservation Board>;
1-67 (2) raising of funds from private or public
1-68 contributions;
2-1 (3) establishing a schedule for the design,
2-2 construction, and dedication of the memorial<, with the approval of
2-3 the State Preservation Board>;
2-4 (4) implementing procedures to solicit designs for the
2-5 memorial which must be compatible in scale, proportion, materials,
2-6 and feeling with the early monuments erected on the Capitol Grounds
2-7 and devising a selection process and choice of the final design<,
2-8 with the approval of the State Preservation Board>;
2-9 (5) selecting individuals or organizations to provide
2-10 fund-raising services;
2-11 (6) selecting individuals or firms to construct the
2-12 memorial <with the approval of the State Preservation Board and the
2-13 General Services Commission before any contracts for the
2-14 construction are executed>;
2-15 (7) reviewing and monitoring the design and
2-16 construction of the memorial<, with the approval of the State
2-17 Preservation Board>;
2-18 (8) establishing rules and procedures for adding names
2-19 to the memorial in accordance with Subsection (c); and
2-20 (9) establishing guidelines for conducting
2-21 <advisory-committee-sponsored> memorial services at the memorial
2-22 site.
2-23 (b) A commission decision described by Subsection (a)(3),
2-24 (4), or (7) must have the approval of the State Preservation Board;
2-25 a commission decision described by Subsection (a)(1) must have the
2-26 approval of the State Preservation Board and the architect of the
2-27 Capitol; and a commission decision described by Subsection (a)(6)
2-28 must have the approval of the State Preservation Board and the
2-29 General Services Commission.
2-30 (c) A person's name is eligible to be on the memorial if the
2-31 person was killed in the line of duty and was a:
2-32 (1) Texas law enforcement officer;
2-33 (2) commissioned deputy game warden; or
2-34 (3) corrections officer in a municipal, county, or
2-35 state penal institution in this state.
2-36 SECTION 4. Section 415.118, Government Code, is amended to
2-37 read as follows:
2-38 Sec. 415.118. REPORTS. The advisory committee shall submit
2-39 reports to the commission relating to the operation of the advisory
2-40 committee as required by the commission. <The commission may not
2-41 adopt a rule relating to the advisory committee, but the commission
2-42 shall submit an oversight report on the activities of the advisory
2-43 committee to the legislature immediately before the commencement of
2-44 each regularly scheduled session of the legislature.>
2-45 SECTION 5. Section 415.120, Government Code, is amended to
2-46 read as follows:
2-47 Sec. 415.120. FUNDS. (a) All funds contributed for the
2-48 Texas peace officers' memorial shall be deposited in the state
2-49 treasury to the credit of a separate interest-bearing fund account
2-50 established for the peace officers' memorial. Any entity that
2-51 collects funds for the peace officers' memorial shall send that
2-52 money to the comptroller to be deposited in the fund account not
2-53 later than the 30th day after the date on which the money was
2-54 collected. Notwithstanding other law, income from investments of
2-55 the fund is deposited to the credit of the fund.
2-56 (b) Money in the fund may be used only by the commission
2-57 with the advice of the advisory committee for the purposes
2-58 specified in Section 415.112 and may not be used by the commission
2-59 for any commission expenses <purpose of administering this
2-60 subchapter and performing other duties of the advisory committee
2-61 established by law>.
2-62 SECTION 6. Section 415.121, Government Code, is amended to
2-63 read as follows:
2-64 Sec. 415.121. STATEMENT OF PROGRESS. The commission
2-65 <advisory committee> shall issue to the governor, lieutenant
2-66 governor, and speaker of the house as well as the respective
2-67 oversight committees in the house and the senate an annual <a>
2-68 report of its progress in funding, designing, and constructing the
2-69 Texas peace officers' memorial.
2-70 SECTION 7. Section 415.122, Government Code, is amended to
3-1 read as follows:
3-2 Sec. 415.122. CEREMONIES. (a) The dedication of the
3-3 memorial on the Capitol Complex grounds shall be conducted by the
3-4 commission in coordination with the respective oversight committees
3-5 of the house of representatives and the senate in order to assure
3-6 the participation of all peace officer groups and law enforcement
3-7 associations of the state. In addition, the dedication shall be
3-8 conducted <Combined Law Enforcement Association> within reasonable
3-9 guidelines established by the commission with the advice of the
3-10 Texas Peace Officers' Memorial Advisory Committee, provided that
3-11 the guidelines do not exceed the guidelines established by the
3-12 State Preservation Board for other ceremonies held on the Capitol
3-13 Complex grounds. All subsequent ceremonies shall be conducted
3-14 according to reasonable guidelines established by the commission
3-15 with the advice of the advisory committee, provided that the
3-16 guidelines do not exceed the guidelines established by the State
3-17 Preservation Board for other ceremonies held on the Capitol Complex
3-18 grounds.
3-19 (b) The secretary of state shall publish the date of the
3-20 dedication ceremonies and of subsequent ceremonies in the Texas
3-21 Register before the 30th day preceding the date of the ceremonies.
3-22 The commission <advisory committee> shall timely inform the
3-23 secretary of the dates.
3-24 SECTION 8. Out of the first money available to the
3-25 Commission on Law Enforcement Officer Standards and Education that
3-26 may be legally used for this purpose, the commission shall
3-27 reimburse the Texas peace officers' memorial fund account for any
3-28 money the commission withdrew from the fund and used for purposes
3-29 not allowed by Section 415.120, Government Code, as that law
3-30 existed on the date the money was withdrawn. Reimbursement under
3-31 this section includes any interest that the fund would have accrued
3-32 on that money.
3-33 SECTION 9. This Act takes effect September 1, 1995.
3-34 SECTION 10. The importance of this legislation and the
3-35 crowded condition of the calendars in both houses create an
3-36 emergency and an imperative public necessity that the
3-37 constitutional rule requiring bills to be read on three several
3-38 days in each house be suspended, and this rule is hereby suspended.
3-39 * * * * *