By: Toth H.B. No. 38
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the appointment by the governor of a conservator of
  certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 4, Government Code, is amended
  by adding Chapter 426 to read as follows:
  CHAPTER 426. CONSERVATORSHIP OF COUNTIES
         Sec. 426.001.  DEFINITIONS. In this chapter:
               (1)  "County law enforcement agency" means the
  sheriff's office or constable's office of a county.
               (2)  "Criminal justice information system" has the
  meaning assigned by Article 66.001, Code of Criminal Procedure.
               (3)  "Department" means the Department of Public Safety
  of the State of Texas.
         Sec. 426.002.  REVIEW OF CRIMINAL ACTIVITY IN COUNTY;
  ACTION. The department shall review the information in the
  criminal justice information system to determine whether there has
  been a significant increase in criminal activity in a county of this
  state. If the department determines that a significant increase in
  criminal activity in a county poses a threat to public safety for
  residents of this state, the department shall:
               (1)  notify the governor of the threat to public safety
  for residents of this state;
               (2)  work with the county commissioners court and
  county law enforcement agencies to reduce the criminal activity in
  the county, including increasing the number of department personnel
  in the county; and
               (3)  notify the county commissioners court and county
  law enforcement agencies that failure to reduce criminal activity
  in the county may result in a law enforcement agency being placed in
  state conservatorship.
         Sec. 426.003.  APPOINTMENT OF CONSERVATOR. (a) If the
  county commissioners court or any county law enforcement agency
  does not cooperate with the department to implement measures to
  reduce criminal activity in the county, the department shall notify
  the governor of the failure to cooperate and may recommend that the
  governor appoint a conservator for the county law enforcement
  agency.
         (b)  After receipt of a notice under Subsection (a), the
  governor by proclamation may appoint a conservator, in accordance
  with the recommendation, to act as conservator of the county law
  enforcement agency.
         (c)  To be eligible for appointment as a conservator, a
  person must be qualified, by experience or education, in law
  enforcement.
         (d)  Except as otherwise provided by this chapter, a
  conservator shall act as conservator of a county law enforcement
  agency in the manner provided by Chapter 2104 for conservatorship
  of state agencies by a conservator.
         Sec. 426.004.  ASSUMPTION OF POLICY FUNCTIONS. The
  conservator appointed by the governor under Section 426.003 shall
  assume all the powers and duties of the officers responsible for
  policy direction of the county law enforcement agency that is the
  subject of the proclamation, and those officers may not act unless
  authorized by the conservator.
         Sec. 426.005.  DURATION OF CONSERVATORSHIP. A
  conservatorship of a county law enforcement agency under this
  chapter continues until the earlier of:
               (1)  the governor's issuing of a proclamation declaring
  that criminal activity in the county no longer justifies the need
  for a conservatorship and that the conservatorship is dissolved; or
               (2)  the department's finding and certifying to the
  governor that the criminal activity in the county no longer
  requires the conservatorship, in which case the conservatorship is
  dissolved.
         SECTION 2.  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 on the 91st day after the last day of the
  legislative session.