SRC-LBB, TAG S.B. 1245 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1245
By: Armbrister
Criminal Justice
8/24/2003
Enrolled


DIGEST AND PURPOSE 

Currently, the Office of the Attorney General (OAG) houses the Crime
Victims' Institute and Sam Houston State University houses the National
Institute of Victim Studies (NIVS), whose function is to conduct
professional education, conduct research on crime victim issues, and
educate the next generation of victim services advocates.  S.B. 1245
transfers the Crime Victims' Institute (CVI) from OAG to Sam Houston State
University. 

RULEMAKING AUTHORITY

SECTION 5 provides that all rules, standards, and specifications of the
attorney general relating to the operation of the Crime Victims' Institute
remain in effect as rules, standards, and specifications of Sam Houston
State University unless superseded by the president of the university. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Transfers Chapter 412, Government Code, to Subchapter D,
Chapter 96, Education Code,  redesignates it as Sections 96.65, 96.651,
and 96.652, and amends it as follows: 

Sec.  96.65  Redesignated from Section  412.001.  New heading: CRIME
VICTIMS' INSTITUTE.  (a)  Deletes the definitions of  "advisory council"
and "service provider." Makes conforming changes. 

 (b)  Redesignated from Section   412.002 (Legislative Intent).  Deletes
heading.  No other changes made to this Subsection. 

(c)  Redesignated from Section  412.011 (General Provision).  Deletes
heading. Provides that the headquarters of the crime victims' institute
(institute) are at Sam Houston State University (SHSU) in Huntsville,
Texas.  Specifies that the institute is under the supervision and
direction of the president of SHSU, rather than in the office of the
attorney general.   

(d)  Redesignated from Section 412.012 (Duties of Institute).  Deletes
heading.  No other changes made to this Subsection. 

(e)  Redesignated from Section 412.013 (Interagency Coorperation).
Deletes heading.  No other changes made to this Subsection. 

  (f)  Redesignated from Section 412.013(b).  

  (g)  Redesignated from Section 412.013(c).

(h)  Redesignated from Section 412.014 (Personnel).  Deletes heading.
Authorizes the president of SHSU, rather than the attorney general, to
employ personnel as necessary to perform the duties of the institute. 

(i)  Redesignated from Section 412.015 (Contractual Authority).  Deletes
heading. Deletes text of Subsection (a) authorizing the attorney general
to contract with  certain entities in order for the  institute to perform
its duties.  

(j)  Redesignated from Section 412.016 (Gifs, Grants, Donations,
Appropriations). Deletes heading.  Authorizes the institute to accept
gifts, grants, donations, or matching funds from a public or private
source for the performance of the duties of the institute.  Requires that
the money and appropriations received by the institute under this
subsection, rather than section, to be deposited as provided by Section
96.652, rather than 412.081.  Makes conforming changes. 

Sec.  96.651 Redesignated from Section 412.051.  New heading: CRIME
VICTIMS' INSTITUTE ADVISORY COUNCIL.  (a)   Defines "advisory council" and
"victim." 
          
(b)  Establishes that the Crime Victims' Institute Advisory Council
(advisory council) is created as an advisory council to the Crime Victims'
Institute." 

(c)  Provides that the advisory council is composed of the attorney
general and certain individuals, each of whom is appointed by the
governor, rather than the attorney general.  Redesignates Subsection (b)
as (c). 

(d)  Redesignated from Section 412.051(c).  No other changes made to this
Subsection. 

(e)  Redesignated from Section 412.052 (Meetings).  Deletes heading.   No
other changes made to this Subsection. 

(f)  Redesignated from Section  412.053 (Tenure of Members).  Deletes
heading. Provides that members of the advisory council serve for staggered
two-year terms, with the terms of eight of the members expiring on January
31 of each evennumbered year and the terms of eight, rather than seven,
members, expiring on January 31 of each odd-numbered year. 

(g)  Redesignated from Section  412.054 (Service  Additional Duty of
Office). Deletes heading.  No other changes made to this Subsection. 

(h)  Redesignated from Section  412.055 (Compensation and Reimbursement).
Deletes heading.  No other changes made to this Subsection. 

(i)  Redesignated from Section   412.056 (Appointment of Other Advisory
Bodies).  Deletes heading.  Authorizes the advisory council to establish
advisory task forces or committees that the council considers necessary to
accomplish the purposes of this section and Sections 96.65 and 96.652,
rather than chapter. 

(j)  Redesignated from Section  412.057 (Duties of Advisory Council).
Deletes heading.  Requires the advisory council to advise the Crime
Victims' Institute on issues relating directly to the duties of the
institute as set forth under Section 96.65(d), rather than Section
412.012. 

Sec.  96.652.  Redesignated from Section  412.081.  Deletes heading.  New
heading: CRIME VICTIMS' INSTITUTE ACCOUNT; AUDIT; REPORT.  (a)  No other
changes made in this Subsection. 

(b) Authorizes the Crime Victims' Institute, rather than the attorney
general, to use funds from the Crime Victims' Institute account to carry
out the purposes of this section and Sections 96.65 and 96.651, rather
than chapter.  

(c)  Requires the comptroller to deposit the funds received under Section
96.65, rather than this chapter, to the credit of the Crime Victims'
Institute account.  

  (d)  No other changes made to this Subsection.
 
(e)  Redesignated from Section 412.082 (Annual Report).  Deletes heading.
Makes conforming changes. 

SECTION 2. Amends Article 56.54(b), Code of Criminal Procedure, to provide
that for purposes of this subsection, compensation to claimants or victims
includes money allocated from the fund to  the Crime Victims' Institute
created by Section 96.65, Education Code, for the operation of the
institute and for other expenses in administering this subchapter.
Requires the institute to use money allocated from the fund only for the
purposes of Sections 95.65, 95.651, and 95.652, Education Code. 

SECTION 3.  Amends Section 411.130, Government Code, to make a conforming
change. 

SECTION 4.  (a)  Provides that the terms of the current members of the
Crime Victims' Institute Advisory Council expire on the effective date of
this Act. 

(b)  Requires the governor, as soon as practicable after the effective
date of this Act, to appoint new members to the Crime Victims' Institute
Advisory Council, as provided by Section 96.651, Education Code, as added
by this Act.  Provides that the terms of eight members, determined by lot,
expire January 31, 2005.  Provides that the terms of eight members,
determined by lot, expire January 31, 2006.   

SECTION 5.  Establishes that on the effective date of this Act all
powers, duties, and obligations relating to the Crime Victims' Institute
are transferred from the attorney general to SHSU;  all property in the
custody of the attorney general and the original or a copy of any record
that relates to the Crime Victims' Institute are transferred to SHSU;  all
unexpended appropriations to the attorney general for the operation of the
Crime Victims' Institute are transferred to SHSU; and all rules,
standards, and specifications of the attorney general relating to the
operation of the Crime Victims' Institute remain in effect as rules,
standards, and specifications of SHSU unless superseded by the president
of the university. 

SECTION 6.  Effective date: September 1, 2003.