By: Dale, et al. (Senate Sponsor - Watson) H.B. No. 3647
         (In the Senate - Received from the House May 1, 2017;
  May 4, 2017, read first time and referred to Committee on Criminal
  Justice; May 19, 2017, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 0;
  May 19, 2017, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 3647 By:  Whitmire
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the Texas Peace Officers' Memorial Monument and
  Ceremony.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 3105, Government Code, is
  amended to read as follows:
  CHAPTER 3105. TEXAS PEACE OFFICERS' MEMORIAL MONUMENT AND CEREMONY
         SECTION 2.  Section 3105.002, Government Code, is amended by
  adding Subdivision (2-a) to read as follows:
               (2-a)  "Committee" means the Texas Peace Officers'
  Memorial Ceremony Committee.
         SECTION 3.  Section 3105.003, Government Code, is amended to
  read as follows:
         Sec. 3105.003.  ELIGIBILITY FOR MONUMENT. (a) A person is
  eligible to have the person's name on the monument if the person was
  killed in the line of duty and was:
               (1)  a law enforcement officer or peace officer for
  this state or a political subdivision of this state under Article
  2.12, Code of Criminal Procedure, or other law;
               (2)  a federal law enforcement officer or special agent
  performing duties in this state, including those officers under
  Article 2.122, Code of Criminal Procedure; or
               (3)  a corrections or detention officer or county or
  municipal jailer employed or appointed by a municipal, county, or
  state penal institution in this state.
         (b)  A person described by Subsection (a) is presumed to have
  been killed in the line of duty if the Employees Retirement System
  of Texas makes payments and provides benefits to the eligible
  survivors of the person as provided by Chapter 615.
         SECTION 4.  Chapter 3105, Government Code, is amended by
  adding Section 3105.0035 to read as follows:
         Sec. 3105.0035.  NOMINATIONS; ADDITION OF NAMES TO MONUMENT.
  (a) A peace officer, law enforcement agency, independent
  researcher, or organization that advocates on behalf of the
  survivors of persons described by Section 3105.003 may submit to
  the commission a nomination to have a person's name added to the
  monument. 
         (b)  The executive director of the commission shall make a
  preliminary recommendation to the commission on whether a person
  nominated under Subsection (a) is eligible under Section 3105.003.
         (c)  The commission shall place each nomination, including
  the executive director's preliminary recommendation, on the agenda
  of a scheduled meeting of the commission for consideration by the
  commission. The commission shall allow public testimony and
  consider any evidence presented regarding the eligibility of the
  person nominated. After hearing testimony and considering
  evidence, the commission shall determine by a public vote whether
  the person meets the eligibility requirements under Section
  3105.003.
         (d)  The commission shall add a person's name to the monument
  if the commission determines that the person meets the eligibility
  requirements.
         SECTION 5.  Section 3105.004(b), Government Code, is amended
  to read as follows:
         (b)  The commission shall:
               (1)  establish and maintain historical and archival
  records of the inducted officers and jailers that must be
  accessible to family members and independent researchers; and
               (2)  adopt rules and establish procedures for adding
  names to the monument in accordance with Sections [Section]
  3105.003 and 3105.0035.
         SECTION 6.  Section 3105.005(c), Government Code, is amended
  to read as follows:
         (c)  Money in the account may be used only for the purposes
  prescribed by Section 3105.004 [this chapter].
         SECTION 7.  Chapter 3105, Government Code, is amended by
  adding Sections 3105.006 and 3105.007 to read as follows:
         Sec. 3105.006.  TEXAS PEACE OFFICERS' MEMORIAL CEREMONY
  COMMITTEE. (a)  The committee is established to plan, oversee, and
  facilitate annual ceremonies recognizing and honoring peace
  officers of this state who were killed in the line of duty.
         (b)  The committee consists of the following members:
               (1)  a president, or the president's designee, of any
  law enforcement organization that:
                     (A)  provides full service legal and political
  representation to law enforcement officers of this state;
                     (B)  has at least 10,000 members paying dues, as
  provided by the organization's Internal Revenue Service Form 990
  for the previous reporting period;
                     (C)  has complied with all filing requirements of
  the Internal Revenue Service, the United States Department of
  Labor, and the secretary of state; and
                     (D)  has an elected board of directors;
               (2)  a surviving spouse of a peace officer killed in the
  line of duty selected by the chapters of the Concerns of Police
  Survivors of this state; and
               (3)  the following nonvoting members or designees of
  the members:
                     (A)  the governor;
                     (B)  the lieutenant governor;
                     (C)  the speaker of the house of representatives;
                     (D)  the attorney general;
                     (E)  the director of the Department of Public
  Safety;
                     (F)  the executive director of the board; and
                     (G)  the executive director of the commission.
         Sec. 3105.007.  TEXAS PEACE OFFICERS' MEMORIAL CEREMONY.
  (a)  The committee shall meet as necessary to plan and coordinate
  an annual memorial ceremony on the Capitol grounds to honor Texas
  peace officers who were killed in the line of duty.
         (b)  The committee shall hold the ceremony on a date selected
  by the committee during the week in which May 8 occurs.
         (c)  The ceremony may be funded by public or private money.
         (d)  Each odd-numbered year, the ceremony must include:
               (1)  a parade of law enforcement color guards and
  personnel ending at the Capitol; and
               (2)  a ceremony held during a joint session of the
  legislature on the floor of the house of representatives, if
  possible.
         (e)  During the ceremony under this section, the name of each
  peace officer who is being added to the monument that year must be
  read and the surviving family members of the peace officer must be
  recognized.
         SECTION 8.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
 
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