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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Peace Officers' Memorial Monument. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3105.003, Government Code, is amended to |
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read as follows: |
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Sec. 3105.003. ELIGIBILITY FOR MONUMENT. (a) A person is |
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eligible to have the person's name on the monument if the person was |
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killed in the line of duty and was: |
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(1) a law enforcement officer or peace officer for |
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this state or a political subdivision of this state under Article |
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2.12, Code of Criminal Procedure, or other law; |
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(2) a federal law enforcement officer or special agent |
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performing duties in this state, including those officers under |
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Article 2.122, Code of Criminal Procedure; or |
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(3) a corrections or detention officer or county or |
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municipal jailer employed or appointed by a municipal, county, or |
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state penal institution in this state. |
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(b) A person described by Subsection (a) is presumed to have |
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been killed in the line of duty if the Employees Retirement System |
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of Texas makes payments and provides benefits to the eligible |
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survivors of the person as provided by Chapter 615. |
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SECTION 2. Chapter 3105, Government Code, is amended by |
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adding Section 3105.0035 to read as follows: |
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Sec. 3105.0035. NOMINATIONS; ADDITION OF NAMES TO MONUMENT. |
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(a) A peace officer, law enforcement agency, independent |
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researcher, or organization that advocates on behalf of the |
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survivors of persons described by Section 3105.003 may submit to |
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the commission a nomination to have a person's name added to the |
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monument. |
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(b) The executive director of the commission shall make a |
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preliminary recommendation to the commission on whether a person |
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nominated under Subsection (a) is eligible under Section 3105.003. |
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(c) The commission shall place each nomination, including |
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the executive director's preliminary recommendation, on the agenda |
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of a scheduled meeting of the commission for consideration by the |
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commission. The commission shall allow public testimony and |
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consider any evidence presented regarding the eligibility of the |
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person nominated. After hearing testimony and considering |
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evidence, the commission shall determine by a public vote whether |
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the person meets the eligibility requirements under Section |
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3105.003. |
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(d) The commission shall add a person's name to the monument |
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if the commission determines that the person meets the eligibility |
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requirements. |
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SECTION 3. Section 3105.004(b), Government Code, is amended |
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to read as follows: |
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(b) The commission shall: |
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(1) establish and maintain historical and archival |
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records of the inducted officers and jailers that must be |
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accessible to family members and independent researchers; and |
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(2) adopt rules and establish procedures for adding |
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names to the monument in accordance with Sections [Section] |
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3105.003 and 3105.0035. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |