Bill Summary – FastDemocracy

   
      88(4) HB 38 - Introduced version - Bill Text
      
		By:  Toth
            H.B.  No.  38
         
               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 Sect
Statutes affected: 
Introduced:  ()



	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 Sect Statutes affected: Introduced: ()