SRC-TJG S.B. 1567 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1567
By: Madla
Administration
7/8/2003
Enrolled


DIGEST AND PURPOSE 

Currently, provisions governing the Texas Peace Officers' Memorial are
located in Subchapter Z, Chapter 1701, Occupations Code.  The initial
reason for the creation of the chapter was to establish an advisory
committee to design and build the memorial.  However, the memorial has
been completed for a number of years and the advisory committee has ceased
to exist.  S.B. 1567 moves the Texas Peace Officers' Memorial to the
Government Code and places it under Title 11 (State Symbols and Honors;
Preservation), since the maintenance of the memorial is part of the
Capitol Complex and is under the supervision of the State Preservation
Board.  This bill also removes outdated language and makes necessary
updates. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Commission on Law
Enforcement Officer Standards and Education in SECTION 1 (Section
3105.004, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle A, Title 11, Government Code, by adding
Chapter 3105, as follows: 

CHAPTER 3105.  TEXAS PEACE OFFICERS' MEMORIAL

Sec. 3105.001.  PURPOSE OF MEMORIAL.  Provides that the Texas Peace
Officers' Memorial is a monument erected on the grounds of the Capitol
Complex to recognize and honor the ultimate sacrifice made by law
enforcement and corrections officers in this state who were killed in the
line of duty. 

Sec. 3105.002.  DEFINITIONS.  Defines "board," "commission," and
"memorial." 

Sec. 3105.003.  ELIGIBILITY FOR MEMORIAL.  Provides that a person is
eligible to have the person's name on the memorial if the person was
killed in the line of duty and met certain qualifications. 

Sec. 3105.004.  MAINTENANCE OF MEMORIAL.  (a) Provides that the State
Preservation Board (SPB) is responsible for the maintenance of the
memorial.  Requires SPB to establish a schedule for the maintenance of the
memorial and select persons to maintain the memorial. 

(b) Requires the Commission on Law Enforcement Officer Standards and
Education (TCLEOSE) to take certain actions, including adopting rules and
establishing procedures for adding names to the memorial in accordance
with Section 3105.003. 

(c) Authorizes TCLEOSE  to contract with public or private entities to
facilitate research, establish and maintain historical and archival
records, and store records in a place accessible to the public. 

Sec. 3105.005.  ACCOUNT.  (a) Requires money contributed to the state for
a purpose  related to the memorial to be deposited by SPB in the Capitol
fund to the credit of a separate interest-bearing account in the general
revenue fund established for the memorial. 

(b) Requires income from investment of money in the account to be
deposited to the credit of the account, notwithstanding other law. 

(c) Authorizes money in the account to only be used for the purposes
prescribed by this chapter. 

SECTION 2.  Repealer: Subchapter Z, Chapter 1701, Occupations Code (TEXAS
PEACE OFFICERS' MEMORIAL; ADVISORY COMMITTEE). 

SECTION 3.  Provides that the advisory committee created under Subchapter
Z, Chapter 1701, Occupations Code, which is repealed by this Act, is
abolished. 

SECTION 4.  Effective date: upon passage or September 1, 2003.