HBA-NIK H.B. 3728 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3728
By: Keel
Public Safety
4/21/1999
Introduced



BACKGROUND AND PURPOSE 

The Crime Stoppers Advisory Council (council) was established by the
legislature on September 1, 1981, within the criminal justice division of
the governor's office (criminal justice division).  The council consists of
five members appointed by the governor. There is concern that the council's
responsibilities are not well defined, especially in the areas of
appointing a director and promulgating rules.  Additionally, some local
crime stoppers programs find certain requirements burdensome. These
requirements include an annual audit of each program, regardless of its
size or operating budget, and an annual certification process to remain
eligible to receive local probation fees. 

H.B. 3728 clarifies the roles of the criminal justice division and the
council.  This bill also removes the requirement of an annual audit and
ensures local programs that the certification process will take place only
every two years. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to Crime Stoppers Advisory Council in
SECTION 1 (Section 414.011, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 414, Government Code, as follows:

CHAPTER 414. CRIME STOPPERS ADVISORY COUNCIL

Sec. 414.001. DEFINITIONS. Redefines "crime stoppers organization" to
include a public organization that is operated on a local or statewide
level, that pays rewards to persons who report to the organization
information about criminal activity and that forwards the information to
the appropriate law enforcement agency. 

Sec. 414.002. ORGANIZATION OF COUNCIL. Provides that at least three members
of the Crime Stoppers Advisory Council (council) must be persons who have
participated in a crime stoppers organization (organization) as a law
enforcement coordinator, a member of the board of directors, a media
representative, or an administrative officer. 

Sec. 414.004. DIRECTOR. Requires the executive director of the criminal
justice division, in addition to the council, to designate, rather than
employ, a person, rather than designate a state employee, to serve as
director. 

Sec. 414.005. DUTIES. Requires the council to, among other things,
encourage the creation of organizations; encourage news and other media to
broadcast reenactments, rather than promote organizations, and to inform
the public of the function of organizations' operations and programs,
rather than the functions of the council; and promote the process of
organizations to forward, rather than assist organizations in forwarding,
information about criminal acts to the appropriate law enforcement
agencies. 

Sec. 414.006. RULES. Adds that the rules adopted by the council are
prohibited from  conflicting with rules relating to grants adopted by the
criminal justice division. 

Sec. 414.009. MISUSE OF INFORMATION. Provides an exception to the Class A
misdemeanor offense of divulging information relating to a report of
criminal activity without consent by providing that such an offense is a
third degree felony if the offense is committed with intent to obtain
monetary gain or other benefit. 

Sec. 414.011. CERTIFICATION OF ORGANIZATIONS  TO RECEIVE PAYMENTS AND
REWARD REPAYMENTS. (b) Provides that each specified organization is subject
to a review or audit, including financial and programmatic reviews or
audits, of finances or programs, at the direction of the criminal justice
division or its designee,  rather than is subject to annual audit by an
independent accounting firm and must submit the audit to the council for
review. Requires a copy of the review or audit report to be submitted to
the criminal justice division. 

(c) Adds text to require the criminal justice division or its designee to
draft rules for adoption by the council relating to a review or audit. 

(d) Adds text to provide that a certification issued by the council is
valid for a period of two years. Requires the council, during this two-year
period, to decertify an organization if the council determines that the
organization no longer meets the certification requirements. 

(e) Requires, rather than authorizes, the council to approve a crime
stoppers organization for purposes of Subsection (a) of this section even
if a judge has not requested a determination for that organization and to
maintain a current list of organizations approved for that purpose. 

This bill makes no changes in Section 414.003, 414.007, 414.008, 414.010,
and 414.012, Government Code. 

SECTION 2. Emergency clause.
  Effective date: upon passage.