BILL ANALYSIS

C.S.H.B. 4185

By: Guillen

Border & Intergovernmental Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Gang-related crime is becoming more prevalent in Texas as criminal street gangs from Mexico cross the border, recruit individuals, and commit criminal offenses.  Gang-related crime is not restricted to the border region and continues to spread into large urban areas in central Texas.  Without in-depth reports from entities that deal with gang-related crime, efficiently addressing the problems associated with gang violence proves difficult.

C.S.H.B. 4185 requires the Texas Fusion Center to submit an annual report to the governor and the legislature evaluating the threat of criminal street gangs and gang-related crime and recommending actions to address the problems associated with criminal street gangs and gang-related crime.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4185 amends the Government Code to require the Texas Fusion Center to annually submit to the governor and the legislature a report regarding criminal street gangs and gang-related crime.  The bill requires the report to include an evaluation of the threat that criminal street gangs and gang-related crime pose to the infrastructure of Texas, and recommendations on actions that may be taken to prevent criminal street gangs from committing human trafficking offenses, reduce criminal street gang violence, prevent the growth and proliferation of criminal street gangs, and ensure that law enforcement personnel receive the necessary training and education to effectively deal with the problems created by criminal street gangs and gang-related crime.  The bill requires the office of the attorney general, the Department of Public Safety, the Texas Violent Gang Task Force, the Gang Resource System, the Texas Department of Criminal Justice, and state criminal justice and juvenile justice agencies to provide information relating to criminal street gangs and gang-related crime to the Texas Fusion Center on request.  The bill requires the Texas Fusion Center to publish the annual report on the center's Internet website as soon as possible after submitting the report to the governor and the legislature.  The bill requires the Texas Fusion Center to submit the first annual report regarding criminal street gangs and gang-related crime not later than September 1, 2010.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 4185 differs from the original by  requiring the Texas Fusion Center to annually submit to the governor and the legislature a report regarding criminal street gangs and gang-related crime, whereas the original requires the Border Security Council to annually submit the report to the governor.  The substitute removes provisions from the original requiring the report to be approved by a majority of the Border Security Council members, and include an evaluation of the threat of gangs and gang-related crime on the infrastructure of each county and each municipality with a population of more than 100,000.  The substitute adds a provision not in the original requiring the Texas Department of Criminal Justice to provide information relating to criminal street gangs and gang-related crime to the Texas Fusion Center.  The substitute adds a provision not in the original requiring the Texas Fusion Center to publish the annual report on the center's Internet website as soon as possible after it is submitted.  The substitute differs from the original by requiring the first annual report to be submitted not later than September 1, 2010.