By: Toth	H.B. No. 180

	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.

Statutes affected:
Introduced: ()