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.