Bill Text: TX HB3647 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the Texas Peace Officers' Memorial Monument and Ceremony.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective immediately [HB3647 Detail]
Download: Texas-2017-HB3647-Enrolled.html
H.B. No. 3647 |
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relating to the Texas Peace Officers' Memorial Monument and | ||
Ceremony. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 3105, Government Code, is | ||
amended to read as follows: | ||
CHAPTER 3105. TEXAS PEACE OFFICERS' MEMORIAL MONUMENT AND CEREMONY | ||
SECTION 2. Section 3105.002, Government Code, is amended by | ||
adding Subdivision (2-a) to read as follows: | ||
(2-a) "Committee" means the Texas Peace Officers' | ||
Memorial Ceremony Committee. | ||
SECTION 3. Section 3105.003, Government Code, is amended to | ||
read as follows: | ||
Sec. 3105.003. ELIGIBILITY FOR MONUMENT. (a) A person is | ||
eligible to have the person's name on the monument if the person was | ||
killed in the line of duty and was: | ||
(1) a law enforcement officer or peace officer for | ||
this state or a political subdivision of this state under Article | ||
2.12, Code of Criminal Procedure, or other law; | ||
(2) a federal law enforcement officer or special agent | ||
performing duties in this state, including those officers under | ||
Article 2.122, Code of Criminal Procedure; or | ||
(3) a corrections or detention officer or county or | ||
municipal jailer employed or appointed by a municipal, county, or | ||
state penal institution in this state. | ||
(b) A person described by Subsection (a) is presumed to have | ||
been killed in the line of duty if the Employees Retirement System | ||
of Texas makes payments and provides benefits to the eligible | ||
survivors of the person as provided by Chapter 615. | ||
SECTION 4. Chapter 3105, Government Code, is amended by | ||
adding Section 3105.0035 to read as follows: | ||
Sec. 3105.0035. NOMINATIONS; ADDITION OF NAMES TO MONUMENT. | ||
(a) A peace officer, law enforcement agency, independent | ||
researcher, or organization that advocates on behalf of the | ||
survivors of persons described by Section 3105.003 may submit to | ||
the commission a nomination to have a person's name added to the | ||
monument. | ||
(b) The executive director of the commission shall make a | ||
preliminary recommendation to the commission on whether a person | ||
nominated under Subsection (a) is eligible under Section 3105.003. | ||
(c) The commission shall place each nomination, including | ||
the executive director's preliminary recommendation, on the agenda | ||
of a scheduled meeting of the commission for consideration by the | ||
commission. The commission shall allow public testimony and | ||
consider any evidence presented regarding the eligibility of the | ||
person nominated. After hearing testimony and considering | ||
evidence, the commission shall determine by a public vote whether | ||
the person meets the eligibility requirements under Section | ||
3105.003. | ||
(d) The commission shall add a person's name to the monument | ||
if the commission determines that the person meets the eligibility | ||
requirements. | ||
SECTION 5. Section 3105.004(b), Government Code, is amended | ||
to read as follows: | ||
(b) The commission shall: | ||
(1) establish and maintain historical and archival | ||
records of the inducted officers and jailers that must be | ||
accessible to family members and independent researchers; and | ||
(2) adopt rules and establish procedures for adding | ||
names to the monument in accordance with Sections [ |
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3105.003 and 3105.0035. | ||
SECTION 6. Section 3105.005(c), Government Code, is amended | ||
to read as follows: | ||
(c) Money in the account may be used only for the purposes | ||
prescribed by Section 3105.004 [ |
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SECTION 7. Chapter 3105, Government Code, is amended by | ||
adding Sections 3105.006 and 3105.007 to read as follows: | ||
Sec. 3105.006. TEXAS PEACE OFFICERS' MEMORIAL CEREMONY | ||
COMMITTEE. (a) The committee is established to plan, oversee, and | ||
facilitate annual ceremonies recognizing and honoring peace | ||
officers of this state who were killed in the line of duty. | ||
(b) The committee consists of the following members: | ||
(1) a president, or the president's designee, of any | ||
law enforcement organization that: | ||
(A) provides full service legal and political | ||
representation to law enforcement officers of this state; | ||
(B) has at least 10,000 members paying dues, as | ||
provided by the organization's Internal Revenue Service Form 990 | ||
for the previous reporting period; | ||
(C) has complied with all filing requirements of | ||
the Internal Revenue Service, the United States Department of | ||
Labor, and the secretary of state; and | ||
(D) has an elected board of directors; | ||
(2) a surviving spouse of a peace officer killed in the | ||
line of duty selected by the chapters of the Concerns of Police | ||
Survivors of this state; and | ||
(3) the following nonvoting members or designees of | ||
the members: | ||
(A) the governor; | ||
(B) the lieutenant governor; | ||
(C) the speaker of the house of representatives; | ||
(D) the attorney general; | ||
(E) the director of the Department of Public | ||
Safety; | ||
(F) the executive director of the board; and | ||
(G) the executive director of the commission. | ||
Sec. 3105.007. TEXAS PEACE OFFICERS' MEMORIAL CEREMONY. | ||
(a) The committee shall meet as necessary to plan and coordinate | ||
an annual memorial ceremony on the Capitol grounds to honor Texas | ||
peace officers who were killed in the line of duty. | ||
(b) The committee shall hold the ceremony on a date selected | ||
by the committee during the week in which May 8 occurs. | ||
(c) The ceremony may be funded by public or private money. | ||
(d) Each odd-numbered year, the ceremony must include: | ||
(1) a parade of law enforcement color guards and | ||
personnel ending at the Capitol; and | ||
(2) a ceremony held during a joint session of the | ||
legislature on the floor of the house of representatives, if | ||
possible. | ||
(e) During the ceremony under this section, the name of each | ||
peace officer who is being added to the monument that year must be | ||
read and the surviving family members of the peace officer must be | ||
recognized. | ||
SECTION 8. 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 September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3647 was passed by the House on April | ||
27, 2017, by the following vote: Yeas 144, Nays 0, 3 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3647 on May 24, 2017, by the following vote: Yeas 144, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3647 was passed by the Senate, with | ||
amendments, on May 22, 2017, by the following vote: Yeas 30, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |