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.