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A BILL TO BE ENTITLED
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AN ACT
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relating to the operations of the Texas Crime Stoppers Council and |
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crime stoppers organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 414.001, Government Code, is amended by |
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amending Subdivision (2) and adding Subdivisions (3), (4), and (5) |
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to read as follows: |
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(2) "Crime stoppers organization" means: |
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(A) a private, nonprofit organization that is |
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operated on a local or statewide level, that accepts [and expends] |
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donations and expends funds for rewards to persons who report to the |
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organization public safety tips [information about criminal
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activity] and that forwards the information to the appropriate law |
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enforcement agency, school district, or open-enrollment charter |
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school; or |
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(B) a public organization that is operated on a |
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local or statewide level, that pays rewards to persons who report to |
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the organization public safety tips [information about criminal
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activity], and that forwards the information to the appropriate law |
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enforcement agency, school district, or open-enrollment charter |
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school. |
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(3) "Open-enrollment charter school" means a school |
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that has been granted a charter under Subchapter D, Chapter 12, |
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Education Code. |
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(4) "School district" means a public school district |
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created under the laws of this state. |
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(5) "Public safety tip" means a report submitted to |
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the council, a crime stoppers organization, or a person accepting |
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the information on behalf of the council or crime stoppers |
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organization regarding criminal activity, conduct or threatened |
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conduct that constitutes a danger to public safety or an |
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individual, conduct or threatened conduct that would disrupt the |
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efficient and effective operations of a school district or |
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open-enrollment charter school, or other activity of interest to |
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law enforcement agencies, school districts, or open-enrollment |
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charter schools, including truancy and school rule violations. |
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SECTION 2. Section 414.005, Government Code, is amended to |
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read as follows: |
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Sec. 414.005. DUTIES. The council shall: |
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(1) encourage, advise, and assist in the creation of |
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crime stoppers organizations; |
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(2) foster the detection of crime and encourage |
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persons to report public safety tips [information about criminal
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acts]; |
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(3) encourage news and other media to [broadcast
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reenactments and to] inform the public of the functions of crime |
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stoppers organizations' operations and programs; |
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(4) promote the process of crime stoppers |
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organizations to forward public safety tips [information about
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criminal acts] to the appropriate law enforcement agencies, school |
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districts, and open-enrollment charter schools; |
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(5) help law enforcement agencies detect and combat |
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crime by increasing the flow of information to and between law |
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enforcement agencies; |
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(6) create specialized programs targeted at detecting |
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specific crimes or types of crimes identified as priorities by the |
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council, including at least one program that: |
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(A) encourages individuals to report sex |
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offenders who have failed to register under Chapter 62, Code of |
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Criminal Procedure; |
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(B) encourages individuals to report criminal |
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activity relating to the trafficking of persons, as described under |
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Chapter 20A, Penal Code; and |
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(C) financially rewards each individual who |
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makes a report described by Paragraph (A) or (B) that leads or |
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substantially contributes to the arrest or apprehension: |
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(i) of a sex offender who has failed to |
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register under Chapter 62, Code of Criminal Procedure; or |
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(ii) of a person suspected of engaging in |
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conduct that constitutes an offense under Chapter 20A, Penal Code; |
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[and] |
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(7) encourage, advise, and assist crime stoppers |
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organizations in implementing any programs created under |
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Subdivision (6), including a program specifically described by |
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Subdivision (6); and |
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(8) encourage, advise, and assist in the creation of |
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campus-based crime stoppers organizations to address criminal |
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activity, conduct or threatened conduct that constitutes a danger |
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to public safety or an individual, conduct or threatened conduct |
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that would disrupt the efficient and effective operations of a |
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school district or open-enrollment charter school, or other |
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activity of interest to law enforcement agencies, school districts, |
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or open-enrollment charter schools, including truancy and school |
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rule violations. |
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SECTION 3. Section 414.007, Government Code, is amended to |
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read as follows: |
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Sec. 414.007. CONFIDENTIALITY OF CRIME STOPPERS [COUNCIL] |
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RECORDS. A record of the council, a crime stoppers organization, a |
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law enforcement agency, a school district, or an open-enrollment |
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charter school relating to a public safety tip, including the |
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identity of the person who made the report, is [Council records
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relating to reports of criminal acts are] confidential and is not |
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subject to disclosure under Chapter 552. |
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SECTION 4. Sections 414.008(a), (b), and (e), Government |
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Code, are amended to read as follows: |
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(a) Except as otherwise provided by this section, evidence |
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of a public safety tip [a communication between a person submitting
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a report of a criminal act to the council or a crime stoppers
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organization and the person who accepted the report on behalf of the
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council or organization] is not admissible in a court or an |
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administrative proceeding. |
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(b) A record [Records] of the council, [or] a crime stoppers |
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organization, a law enforcement agency, a school district, or an |
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open-enrollment charter school concerning a public safety tip [a
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report of criminal activity] may not be compelled to be produced |
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before a court or other tribunal except on a motion: |
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(1) filed in a criminal trial court by a defendant who |
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alleges that the record [records] or report contains evidence that |
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is exculpatory to the defendant in the trial of that offense; or |
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(2) filed in a civil case by a plaintiff who alleges |
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that denial of access to the record [the records] concerning the |
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public safety tip [report of criminal activity] abrogates any part |
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of a cognizable common law cause of action, if the plaintiff |
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alleging abrogation: |
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(A) was charged with or convicted of a criminal |
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offense based at least partially on the report and the charges were |
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dismissed, the plaintiff was acquitted, or the conviction was |
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overturned, as applicable; and |
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(B) in the motion establishes a prima facie case |
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that the plaintiff's abrogated claim is based on injuries from the |
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criminal charge or conviction caused by the wrongful acts of |
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another performed in connection with the report. |
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(e) The court shall return to the council, [or] crime |
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stoppers organization, law enforcement agency, school district, or |
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open-enrollment charter school the materials that are produced |
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under this section but not disclosed to the movant. The council, |
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[or] crime stoppers organization, law enforcement agency, school |
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district, or open-enrollment charter school shall store the |
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materials at least until the first anniversary of the following |
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appropriate date: |
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(1) the date of expiration of the time for all direct |
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appeals in a criminal case; or |
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(2) the date a plaintiff's right to appeal in a civil |
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case is exhausted. |
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SECTION 5. Section 414.009(a), Government Code, is amended |
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to read as follows: |
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(a) A person who is a member or employee of the council, a |
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crime stoppers organization, a law enforcement agency, a school |
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district, or an open-enrollment charter school, or who receives a |
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public safety tip from or [who accepts a report of criminal
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activity] on behalf of the council or a crime stoppers |
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organization, commits an offense if the person intentionally or |
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knowingly discloses [divulges] to a person not a member of or |
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employed by the council, a crime stoppers organization, a law |
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enforcement agency, a school district, or an open-enrollment |
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charter school the [content of a report of a criminal act or the] |
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identity of a [the] person who made a public safety tip or the |
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content of a public safety tip [the report] without the consent of |
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the person who made the report, unless: |
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(1) the person disclosing the information has received |
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authorization from the chief executive of the originating crime |
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stoppers organization, who has reasonably determined that failing |
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to disclose the identity of a person who made the report creates a |
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probability of imminent physical injury to another; or |
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(2) the disclosure is otherwise required by law or |
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court order. |
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SECTION 6. Sections 414.010(a) and (d), Government Code, |
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are amended to read as follows: |
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(a) Except as provided by Subsection (d), a crime stoppers |
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organization certified by the council to receive money in the form |
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of payments from defendants placed on community supervision under |
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Chapter 42A, Code of Criminal Procedure, or money in the form of |
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repayments of rewards under Articles 37.073 and 42.152, Code of |
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Criminal Procedure, may transfer [use] not more than 20 percent of |
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the money [annually] received during each calendar year to accounts |
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used to pay costs incurred in administering the organization and |
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shall use the remainder of the money, including any interest earned |
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on the money, only for the payment of rewards to [reward] persons |
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who report public safety tips [information concerning criminal
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activity]. Not later than January 31 of each year, a crime stoppers |
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organization that receives or expends money under this section |
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shall file a detailed report with the council. |
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(d) If the amount of funds accumulated [received] by a crime |
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stoppers organization under this section exceeds [three times] the |
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total amount of [funds that the organization uses to pay] rewards |
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paid by the organization during [a fiscal year based on the average
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amount of funds used to pay rewards during each of] the preceding |
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three fiscal years, the organization may deposit the excess amount |
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of funds in a separate [interest-bearing] account to be used by the |
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organization for crime solving and crime prevention [law
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enforcement] purposes of the organization [relating to crime
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stoppers or juvenile justice], including intervention, |
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apprehension, and adjudication. An organization that deposits |
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excess funds in an account as provided by this subsection may use |
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any interest earned on the funds to pay costs incurred in |
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administering the organization. |
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SECTION 7. Section 414.012, Government Code, is amended to |
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read as follows: |
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Sec. 414.012. STATEWIDE CRIME REPORTING SYSTEMS. The |
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council shall establish a free statewide telephone service and |
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other appropriate systems to allow public safety tips [information
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about criminal acts] to be reported to the council and shall make |
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the telephone service and other reporting systems accessible at all |
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times to persons residing in areas of the state not served by a |
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crime stoppers organization. The council shall forward any [the] |
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information it receives [received] to appropriate law enforcement |
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agencies or crime stoppers organization. |
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SECTION 8. Section 414.013, Government Code, is amended to |
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read as follows: |
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Sec. 414.013. IMMUNITY FROM CIVIL LIABILITY. (a) A person |
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who communicates to the council or a crime stoppers organization a |
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public safety tip [a report of criminal activity that leads to the
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arrest of, the filing of charges against, or the conviction of a
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person for a criminal offense] is immune from civil liability for |
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damages resulting from the communication unless the communication |
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was intentionally, wilfully, or wantonly negligent or done with |
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conscious indifference or reckless disregard for the safety of |
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others. |
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(b) A person who in the course and scope of the person's |
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duties or functions receives, forwards, or acts on a public safety |
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tip [a report of criminal activity] communicated to the council or a |
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crime stoppers organization is immune from civil liability for |
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damages resulting from an act or omission in the performance of the |
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person's duties or functions unless the act or omission was |
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intentionally, wilfully, or wantonly negligent or done with |
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conscious indifference or reckless disregard for the safety of |
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others. |
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SECTION 9. Section 351.901(a), Local Government Code, is |
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amended by amending Subdivision (1) and adding Subdivisions (3) and |
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(4) to read as follows: |
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(1) "Crime stoppers organization" means a private, |
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nonprofit organization or a public organization that: |
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(A) is operated on a local or statewide level; |
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(B) accepts [and expends] donations and expends |
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funds for rewards to persons who report to the organization |
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information about criminal activity, conduct or threatened conduct |
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that constitutes a danger to public safety or an individual, |
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conduct or threatened conduct that would disrupt the efficient and |
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effective operations of a school district or open-enrollment |
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charter school, or other activity of interest to law enforcement |
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agencies, school districts, or open-enrollment charter schools, |
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including truancy and school rule violations; and |
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(C) forwards the information to the appropriate |
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law enforcement agency, school district, or open-enrollment |
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charter school. |
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(3) "Open-enrollment charter school" means a school |
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that has been granted a charter under Subchapter D, Chapter 12, |
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Education Code. |
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(4) "School district" means a public school district |
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created under the laws of this state. |
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SECTION 10. This Act takes effect September 1, 2019. |