HBA-EVB S.B. 1789 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1789 By: Nelson Public Safety 4/30/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Crime Stoppers Advisory Council (council) is composed of five members, who serve two year terms, and whose duty it is to advise and assist in the creation of crime stoppers organizations (CSOs), foster the detection of crime and encourage persons to report information related to criminal acts, encourage news and other media to promote CSOs, inform the public of the functions of the council, and assist CSOs in forwarding information about criminal acts to the appropriate law enforcement agencies. S.B. 1789 establishes certain new conditions regarding the duties of the council, including encouraging the creation of CSOs, encouraging news and other media to broadcast reenactments, informing the public of the functions of CSOs' operations and programs, and promoting the process of CSOs to forward information about criminal acts to the appropriate law enforcement agencies. S.B. 1789 also establishes the authority of the council, and provides for a criminal penalty for members or employees of the council who misuse information. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the criminal justice division of the governor's office or its designee in SECTION 1 (Section 414.011, Government Code), and that rulemaking authority previously delegated to the Crime Stoppers Council is modified in SECTION 1 (Section 414.006), of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 414, Government Code, as follows: Sec. 414.001. DEFINITIONS. Redefines "crime stoppers organization" (CSO). Makes a conforming change. Sec. 414.002. ORGANIZATION OF COUNCIL. Sets forth that at least three of the five members of the Crime Stoppers Advisory Council (council) must be persons who have participated in a CSO in certain capacities. Sec. 414.003. PER DIEM AND EXPENSES. Makes no change. Sec. 414.004. DIRECTOR. Requires the council and the executive director of the criminal justice division of the governor's office to designate a person to serve, rather than employ a person or designate a state employee, as director. Sec. 414.005. DUTIES. Sets forth the required duties of the council, including encouraging the creation of CSOs; encouraging news and other media to broadcast reenactments, rather than promote CSOs, and to inform the public of the functions of CSOs' operations and programs, rather than the functions of the council; and promoting the process of CSOs to forward certain information. Sec. 414.006. RULES. Prohibits rules adopted by the council from conflicting with rules relating to grants adopted by the criminal justice division of the governor's office. Sec. 414.007. CONFIDENTIALITY OF COUNCIL RECORDS. Makes no change. Sec. 414.008. PRIVILEGED INFORMATION. Makes no change. Sec. 414.009. MISUSE OF INFORMATION. Provides that an offense under this section is a Class A misdemeanor, except that an offense is a third degree felony if the offense is committed with intent to obtain monetary gain or other benefit. Sec. 414.010. PAYMENTS FROM DEFENDANTS ON COMMUNITY SUPERVISION; REWARD REPAYMENTS. Makes no change. Sec. 414.011. CERTIFICATION OF ORGANIZATIONS TO RECEIVE PAYMENTS AND REWARD REPAYMENTS. Establishes that CSOs certified by the council to receive repayments are subject to certain reviews or audits at the discretion of the criminal justice division of the governor's office or its designee. Requires a copy of the review or audit report to be submitted to the criminal justice division. Requires the criminal justice division of the governor's office or its designee to draft rules for adoption by the council relating to a requested review or audit. Provides that a certification by the council is valid for a twoyear period. Requires the council to decertify a CSO if it determines that the organization no longer meets certification requirements. Requires, rather than authorizes, the council to approve a CSO for certain purposes even if a judge has not requested a determination for that organization, and requires, rather than authorizes, the council to maintain a current list of organizations approved for that purpose. Deletes text regarding an annual audit. Makes conforming changes. Sec. 414.012. TOLL-FREE TELEPHONE SERVICE. Makes no change. SECTION 2. Emergency clause. Effective date: upon passage.