SRC-SLL S.B. 350 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 350
By: Brown
Criminal Justice
2-21-97
As Filed


DIGEST 

The Criminal Justice Policy Council (council) is subject to the sunset act
and will be abolished September 1, 1997, unless continued by the
legislature.  The council provides research to the governor and
legislature on criminal justice issues.  The council operates as an
independent agency, managed by an executive director chosen by the
governor and confirmed by the Senate.  As a result of its review of the
council, the Sunset Advisory Commission recommended continuation and
several statutory modifications that are contained in this legislation. 

PURPOSE

As proposed, S.B. 350 provides for the continuation of the Criminal
Justice Policy Council and makes several statutory modifications. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 413, Government Code, and  redesignates Section
413.014 of that chapter as Sections 413.004 and 413.005, as follows: 

Sec.  413.001.  DEFINITION.  Makes no change.

Sec.  413.002.  CRIMINAL JUSTICE POLICY COUNCIL.  Deletes the provision
that provides the membership of the Criminal Justice Policy Council
(council). 

Sec.  413.003.  SUNSET PROVISION.  Updates the council's sunset date to
September 1, 2009,  which provides for the usual 12-year review.  Deletes
existing Sections 413.004, 413.005, and 413.006 relating to tenure,
service, and compensation of board members made unnecessary by abolishment
of the board. 

Sec.  413.004.  New heading: EXECUTIVE DIRECTOR.  Provides that the
council is under the direction of a executive director.  Adds standard
language developed by the Sunset Commission regarding appointments.  Adds
standard language developed by the Sunset Commission regarding removal.
Makes a conforming change. 

Sec.  413.005.  New heading: STAFF.  Adds standard language developed by
the Sunset Commission regarding employment qualifications. 

Sec.  413.006.  CONFLICT OF INTERESTS.  Adds standard language developed
by the Sunset Commission regarding conflicts of interests. 

Sec.  413.007.  APPOINTMENT OF OTHER ADVISORY BODIES.  Authorizes the
governor, rather than the council, to establish other advisory councils,
task forces, or commissions the governor considers necessary to advise the
council or to accomplish the purposes of this chapter. 

 Sec.  413.008.  GENERAL DUTY OF POLICY COUNCIL.  Makes no change.

Sec.  413.009.  DUTIES OF POLICY COUNCIL.  Authorizes the council, in
addition to the council's other duties under this chapter, rather than
Section 413.008 and Subsection (a) of this section, to perform any
function described in Subsection (a) to promote an effective and cohesive
juvenile justice system.  Makes conforming and nonsubstantive changes. 

Sec.  413.010.  New heading: CONSULTATION WITH LEGISLATIVE OFFICIALS.
Requires the executive director, in setting the priorities for the
research projects of the council, to consult the governor, lieutenant
governor, speaker of the house of representatives, and presiding officer
of each standing committee of the senate and house of representatives
having jurisdiction over criminal justice issues.  Deletes existing text. 

Sec.  413.011.  New heading: CONTRACTUAL AUTHORITY.  Deletes existing
section. Redesignated from Section 413.012. 

Sec.  413.012.  New heading:  FUNDS; GRANTS AND DONATIONS.  Adds standard
language developed by the Sunset Commission regarding the management of
funds.  Makes a conforming change. 

Sec.  413.013.  Redesignated from Section 413.015.

Sec.  413.014.  Redesignated from Section 413.016.

Sec.  413.015.  Redesignated from Section 413.017.

Sec.  413.016.  Redesignated from Section 413.019.

Sec.  413.017.  Redesignated from Section 413.021.

Sec.  413.018.  ACCESS TO PROGRAMS AND FACILITIES.  Adds standard language
developed by the Sunset Commission regarding state and federal
accessability laws. 

Sec.  413.019.  CONSUMER INFORMATION AND COMPLAINTS.  Adds standard
language developed by the Sunset Commission regarding complaints. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.