reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter Q. -1. Powers and Duties Related to Certain Regulatory Programs › Section 411.506. Informal Complaint Resolution and Informal Proceedings

Sec. 411.506.  INFORMAL COMPLAINT RESOLUTION AND INFORMAL PROCEEDINGS.  (a)  The commission by rule shall establish procedures for the informal resolution of complaints filed with the department related to a violation of a law or rule governing a program or person subject to this subchapter, including procedures governing:
(1)  informal disposition of a contested case under Section 2001.056; and
(2)  an informal proceeding held in compliance with Section 2001.054.
(b)  Any settlement agreement arising from the procedures described by Subsection (a) must be approved by the director or the director's designee.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
Redesignated from Government Code, Subchapter Q, Chapter 411 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(15), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter Q. -1. Powers and Duties Related to Certain Regulatory Programs › Section 411.507. License Denial; Administrative Sanction

Sec. 411.507.  LICENSE DENIAL; ADMINISTRATIVE SANCTION.  (a)  This section applies to a person required to obtain a license under a program subject to this subchapter.
(b)  The commission may deny an application for, revoke, suspend, or refuse to renew a license or may reprimand a license holder for a violation of a law or rule governing a program subject to this subchapter.
(c)  The commission may place on probation a person whose license is suspended.  If a license suspension is probated, the commission may require the person to:
(1)  report regularly to the department on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the department; or
(3)  continue or renew education until the person attains a degree of competency satisfactory to the commission in those areas that are the basis for the probation.
(d)  The commission shall develop a penalty schedule for each program subject to this subchapter consisting of administrative sanctions authorized under Subsections (b) and (c) based on the severity and frequency of a violation of a law or rule related to the program.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
Redesignated from Government Code, Subchapter Q, Chapter 411 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(15), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter Q. -1. Powers and Duties Related to Certain Regulatory Programs › Section 411.508. Right to Notice and Hearing; Administrative Procedure

Sec. 411.508.  RIGHT TO NOTICE AND HEARING; ADMINISTRATIVE PROCEDURE.  (a)  For each program subject to this subchapter, a person is entitled to notice and a hearing if the commission proposes to:
(1)  deny an application for, revoke, suspend, or refuse to renew a license;
(2)  reprimand a license holder; or
(3)  place a license holder on probation.
(b)  A proceeding to impose an administrative sanction as described by Subsection (a) is a contested case under Chapter 2001.
(c)  Unless otherwise provided by law, judicial review of an administrative sanction or penalty imposed by the commission is under the substantial evidence rule as provided by Subchapter G, Chapter 2001.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
Redesignated from Government Code, Subchapter Q, Chapter 411 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(15), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter Q. -1. Powers and Duties Related to Certain Regulatory Programs › Section 411.509. Cease and Desist Order

Sec. 411.509.  CEASE AND DESIST ORDER.  The department may issue a cease and desist order if the department determines that the action is necessary to prevent a violation of a law or rule governing a program or person subject to this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
Redesignated from Government Code, Subchapter Q, Chapter 411 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(15), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter Q. -1. Powers and Duties Related to Certain Regulatory Programs › Section 411.510. Injunctive Relief

Sec. 411.510.  INJUNCTIVE RELIEF.  (a)  On request of the department, the attorney general shall institute an action for injunctive relief to restrain a person in violation of or threatening to violate a law or rule governing a program or person subject to this subchapter.
(b)  An action filed under this section shall be filed in a district court in:
(1)  Travis County; or
(2)  the county in which the violation allegedly occurred or is threatened to occur.
(c)  The attorney general may recover reasonable expenses incurred in obtaining injunctive relief under this section, including court costs, attorney's fees, investigative costs, witness fees, and deposition expenses.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
Redesignated from Government Code, Subchapter Q, Chapter 411 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(15), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter Q. -1. Powers and Duties Related to Certain Regulatory Programs › Section 411.511. Staggered Renewal; Proration of License Fee

Sec. 411.511.  STAGGERED RENEWAL; PRORATION OF LICENSE FEE.  (a)  The commission by rule may adopt a system under which licenses expire on various dates during the year.
(b)  A license issued under a program governed by this subchapter may not expire later than the second anniversary of the date the license is issued.
(c)  For the year in which the expiration date of a license is changed, the department shall prorate license fees on a monthly basis so that each license holder pays only that portion of the license fee that is allocable to the number of months during which the license is valid.  On renewal of the license on the new expiration date, the total license renewal fee is payable.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
Redesignated from Government Code, Subchapter Q, Chapter 411 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(15), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter Q. -1. Powers and Duties Related to Certain Regulatory Programs › Section 411.512. Annual Regulatory Report

Sec. 411.512.  ANNUAL REGULATORY REPORT.  (a)  The department shall annually make available on the department's Internet website a report of regulatory statistics for the preceding state fiscal year for each program subject to this subchapter and aggregate information on all the programs.
(b)  The report must include, as applicable, information regarding:
(1)  the number of licenses issued under the program;
(2)  the number and types of complaints received and resolved by the department;
(3)  the number of investigations conducted by the department; and
(4)  the number and types of disciplinary actions taken by the department.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
Redesignated from Government Code, Subchapter Q, Chapter 411 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(15), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter R. Administrative Penalty › Section 411.521. Definition

Sec. 411.521.  DEFINITION.  In this subchapter, "license" has the meaning assigned by Section 411.501.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter R. Administrative Penalty › Section 411.522. Applicability

Sec. 411.522.  APPLICABILITY.  This subchapter applies to a program, and persons regulated under the program, to which Section 411.502 applies.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter R. Administrative Penalty › Section 411.523. Imposition of Penalty

Sec. 411.523.  IMPOSITION OF PENALTY.  The commission may impose an administrative penalty against a person who violates:
(1)  a law establishing a program subject to this subchapter; or
(2)  a rule adopted or order issued by the commission under a law described by Subdivision (1).
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter R. Administrative Penalty › Section 411.524. Amount of Penalty

Sec. 411.524.  AMOUNT OF PENALTY.  (a)  If the relevant law establishing a program subject to this subchapter does not state the maximum amount of an administrative penalty under that law, the amount of the penalty shall be assessed by the commission in an amount not to exceed $5,000 per day for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation;
(2)  the respondent's history of previous violations;
(3)  the amount necessary to deter a future violation;
(4)  efforts made by the respondent to correct the violation; and
(5)  any other matter that justice may require.
(c)  The commission shall establish a written enforcement plan that provides notice to license holders of the specific ranges of penalties that apply to specific alleged violations and the criteria by which the department determines the amount of a proposed administrative penalty.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter R. Administrative Penalty › Section 411.525. Imposition of Sanction

Sec. 411.525.  IMPOSITION OF SANCTION.  A proceeding under this subchapter imposing an administrative penalty may be combined with a proceeding to impose an administrative sanction.  If a sanction is imposed in a proceeding under this subchapter, the requirements of this subchapter apply to the imposition of the sanction.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter R. Administrative Penalty › Section 411.526. Notice of Violation and Penalty

Sec. 411.526.  NOTICE OF VIOLATION AND PENALTY.  If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall issue to the respondent a notice of alleged violation stating:
(1)  a brief summary of the alleged violation;
(2)  the amount of the recommended administrative penalty; and
(3)  that the respondent has the right to a hearing to contest the alleged violation, the amount of the penalty, or both.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter R. Administrative Penalty › Section 411.527. Penalty to Be Paid or Hearing Requested

Sec. 411.527.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the respondent receives the notice, the respondent may:
(1)  accept the department's determination and recommended administrative penalty; or
(2)  make a written request for a hearing on that determination.
(b)  If the respondent accepts the department's determination, the commission by order may approve the determination and require the person to pay the recommended penalty.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter R. Administrative Penalty › Section 411.528. Hearing on Recommendations

Sec. 411.528.  HEARING ON RECOMMENDATIONS.  (a)  If the respondent requests a hearing, the hearing shall be conducted by the department or the State Office of Administrative Hearings.
(b)  The State Office of Administrative Hearings shall consider the department's applicable substantive rules and policies when conducting a hearing under this subchapter.
(c)  A department hearing officer or an administrative law judge at the State Office of Administrative Hearings, as applicable, shall:
(1)  make findings of fact and conclusions of law; and
(2)  promptly issue to the commission a proposal for decision as to the occurrence of the violation and the amount of any proposed administrative penalty.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter R. Administrative Penalty › Section 411.529. Decision by Commission

Sec. 411.529.  DECISION BY COMMISSION.  (a)  Based on the findings of fact, conclusions of law, and proposal for decision, the commission by order may determine that:
(1)  a violation occurred and impose an administrative penalty; or
(2)  a violation did not occur.
(b)  The department shall give notice of the order to the respondent.
(c)  The order under this section must include:
(1)  separate statements of the findings of fact and conclusions of law;
(2)  the amount of any penalty imposed;
(3)  a statement of the right of the respondent to judicial review of the order; and
(4)  any other information required by law.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter R. Administrative Penalty › Section 411.530. Options Following Decision: Pay or Appeal

Sec. 411.530.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the commission's order becomes final, the respondent shall:
(1)  pay the penalty; or
(2)  file a petition for judicial review contesting the order and:
(A)  forward the penalty to the department for deposit in an escrow account; or
(B)  give the department a supersedeas bond in a form approved by the department that:
(i)  is for the amount of the penalty; and
(ii)  is effective until judicial review of the decision is final.
(b)  A respondent who is financially unable to comply with Subsection (a)(2) is entitled to judicial review if the respondent files with the court, as part of the respondent's petition for judicial review, a sworn statement that the respondent is unable to meet the requirements of Subsection (a)(2).
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter R. Administrative Penalty › Section 411.531. Collection of Penalty

Sec. 411.531.  COLLECTION OF PENALTY.  If the person on whom the administrative penalty is imposed violates Section 411.530(a), the department or the attorney general may bring an action to collect the penalty.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter R. Administrative Penalty › Section 411.532. Remittance of Penalty and Interest

Sec. 411.532.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If, after judicial review, the administrative penalty is reduced or not imposed, the department shall:
(1)  remit to the person the appropriate amount, plus accrued interest, if the person paid the amount of the penalty; or
(2)  execute a release of the bond, if the person posted a supersedeas bond.
(b)  The interest paid under Subsection (a)(1) is accrued at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty is paid to the department and ending on the date the penalty is remitted.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter R. Administrative Penalty › Section 411.533. Administrative Procedure

Sec. 411.533.  ADMINISTRATIVE PROCEDURE.  (a)  The commission by rule shall prescribe procedures for the determination and appeal of a decision to impose an administrative penalty.
(b)  A proceeding under this subchapter to impose an administrative penalty is a contested case under Chapter 2001.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.002, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter Z. Miscellaneous Provisions › Section 411.951. Confidentiality of Iwatchtexas Community Reporting System Reports

Sec. 411.951.  CONFIDENTIALITY OF IWATCHTEXAS COMMUNITY REPORTING SYSTEM REPORTS.  All suspicious activity reports and school safety reports included in the iWatchTexas community reporting system operated by the department are confidential and not subject to disclosure under Chapter 552.
Added by Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 24, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.001. Definition

Sec. 413.001.  DEFINITION.  In this chapter, "policy council" means the Criminal Justice Policy Council.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.002. Criminal Justice Policy Council

Sec. 413.002.  CRIMINAL JUSTICE POLICY COUNCIL.  The Criminal Justice Policy Council is an agency of the state.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.004. Executive Director

Sec. 413.004.  EXECUTIVE DIRECTOR.  (a)  The policy council is under the direction of an executive director.
(b)  The executive director is appointed by the governor with the advice and consent of the senate.  The appointment of an executive director shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
(c)  A person is not eligible for appointment as the executive director if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization receiving funds from the policy council;
(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving funds from the policy council;  or
(3)  uses or receives a substantial amount of tangible goods, services, or funds from the policy council, other than compensation or reimbursement authorized by law for the executive director.
(d)  The executive director may not work for any agency or office of the state other than the policy council and may not perform duties for any other state agency or office that negatively affect the performance of the executive director's duties as executive director of the policy council.
(e)  It is a ground for removal from the position of executive director if the appointee:
(1)  is disqualified for the position under Subsection (c) or engages in an activity after appointment that, under Subsection (c), would have disqualified the person for appointment to the position;
(2)  violates a prohibition established by Subsection (d) or Section 413.006;  or
(3)  cannot because of illness or disability discharge the executive director's duties.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.005. Staff

Sec. 413.005.  STAFF.  (a)  The executive director may employ personnel necessary to administer the responsibilities of the policy council.
(b)  The executive director or the executive director's designee shall provide to policy council employees, as often as necessary, information regarding their qualification for employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state employees.
(c)  The executive director or the executive director's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees within the policy council.  The program shall require intra-agency posting of all positions concurrently with any public posting.
(d)  The executive director or the executive director's designee shall develop a system of annual performance evaluations that are based on documented employee performance.  All merit pay for policy council employees must be based on the system established under this subsection.
(e)  The executive director or the executive director's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code;
(2)  a comprehensive analysis of the policy council work force that meets federal and state guidelines;
(3)  procedures by which a determination can be made about the extent of underuse in the policy council work force of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of underuse.
(f)  A policy statement prepared under Subsection (e) must cover an annual period, be updated annually and reviewed by the Commission on Human Rights for compliance with Subsection (e)(1), and be filed with the governor's office.
(g)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(32), eff. June 17, 2011.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(32), eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.006. Conflict of Interests

Sec. 413.006.  CONFLICT OF INTERESTS.  (a)  An officer, employee, or paid consultant of a Texas trade association in the field of criminal justice may not be the executive director of the policy council or an employee of the policy council who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.
(b)  A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of criminal justice may not be the executive director of the policy council and may not be an employee of the policy council who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.
(c)  A person may not serve as the executive director of the policy council or act as the general counsel to the policy council if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the policy council.
(d)  For the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.007. Appointment of Other Advisory Bodies

Sec. 413.007.  APPOINTMENT OF OTHER ADVISORY BODIES.  The governor may establish other advisory councils, task forces, or commissions the governor considers necessary to advise the policy council or to accomplish the purposes of this chapter.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.008. General Duty of Policy Council

Sec. 413.008.  GENERAL DUTY OF POLICY COUNCIL.  The policy council shall develop means to promote a more effective and cohesive state criminal justice system.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.009. Duties of Policy Council

Sec. 413.009.  DUTIES OF POLICY COUNCIL.  (a)  To accomplish its duties the policy council shall:
(1)  conduct an in-depth analysis of the criminal justice system;
(2)  determine the long-range needs of the criminal justice system and recommend policy priorities for the system;
(3)  identify critical problems in the criminal justice system and recommend strategies to solve those problems;
(4)  assess the cost-effectiveness of the use of state and local funds in the criminal justice system;
(5)  recommend means to improve the deterrent and rehabilitative capabilities of the criminal justice system;
(6)  advise and assist the legislature in developing plans, programs, and proposed legislation for improving the effectiveness of the criminal justice system;
(7)  evaluate the rehabilitative capabilities of a state-administered sex offender treatment program and, based on that evaluation, determine if the program is necessary;
(8)  make computations of daily costs and compare interagency costs on services provided by agencies that are a part of the criminal justice system;
(9)  make population computations for use in planning for the long-range needs of the criminal justice system;
(10)  determine long-range information needs of the criminal justice system and acquire that information;
(11)  engage in other activities consistent with the responsibilities of the policy council;  and
(12)  cooperate with the Crime Victims' Institute by providing information and assistance to the institute relating to the improvement of crime victims' services.
(b)  In addition to the policy council's other duties under this chapter, the policy council may perform any function described in Subsection (a) to promote an effective and cohesive juvenile justice system.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 445, Sec. 16, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 8.07, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.010. Consultation With Legislative Officials

Sec. 413.010.  CONSULTATION WITH LEGISLATIVE OFFICIALS.  In setting the priorities for the research projects of the policy council, the executive director of the policy council shall consult the governor, the lieutenant governor, the speaker of the house of representatives, the presiding officer of each standing committee of the senate and house of representatives having primary jurisdiction over criminal justice issues, and the presiding officer of each standing committee of the senate and house of representatives having primary jurisdiction over matters relating to state finance and appropriations from the state treasury.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.011. Contractual Authority

Sec. 413.011.  CONTRACTUAL AUTHORITY.  The policy council may contract with public or private entities in the performance of its responsibilities.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.012. Funds; Grants and Donations

Sec. 413.012.  FUNDS;  GRANTS AND DONATIONS.  (a)  All money paid to the policy council under this chapter is subject to Subchapter F, Chapter 404, Government Code.
(b)  The executive director shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the policy council during the preceding fiscal year.  The annual report must meet the reporting requirements applicable to financial reporting provided in the General Appropriations Act.
(c)  The policy council may accept grants and donations from public and private entities in addition to legislative appropriations.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.014. Statistical Analysis Center

Sec. 413.014.  STATISTICAL ANALYSIS CENTER.  The policy council shall serve as the statistical analysis center for the state and as the liaison for the state to the United States Department of Justice on criminal justice issues of interest to the state and federal government relating to data, information systems, and research.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.016. Inmate Release Statistics

Sec. 413.016.  INMATE RELEASE STATISTICS.  (a)  Each month the policy council shall determine the following information:
(1)  the number and percentage of inmates released on parole or to mandatory supervision to each county;
(2)  the number and percentage of inmates released on parole in absentia to each county;  and
(3)  the number of inmates released to and from a halfway house in each county, including the number of inmates who are required as a condition of release to reside in a county other than the county in which a halfway house is located.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(35), eff. June 17, 2011.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(35), eff. June 17, 2011.
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(35), eff. June 17, 2011.
(e)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(35), eff. June 17, 2011.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(35), eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.005, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.017. Review of Use of Parole Guidelines

Sec. 413.017.  REVIEW OF USE OF PAROLE GUIDELINES.  The policy council shall report at least annually to the Legislative Criminal Justice Board, the Texas Board of Criminal Justice, and the Board of Pardons and Paroles on the use of the parole guidelines by each member of the board in making parole decisions.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.018. Access to Programs and Facilities

Sec. 413.018.  ACCESS TO PROGRAMS AND FACILITIES.  The policy council shall comply with federal and state laws related to program and facility accessibility.  The executive director of the policy council shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the policy council's programs and services.
Added by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.019. Consumer Information and Complaints

Sec. 413.019.  CONSUMER INFORMATION AND COMPLAINTS.  (a)  The policy council shall prepare information of public interest describing the functions of the policy council and the procedures by which complaints are filed with and resolved by the policy council.  The policy council shall make the information available to the public and appropriate state agencies.
(b)  The executive director of the policy council shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the policy council for the purpose of directing complaints to the policy council.  The executive director of the policy council may provide for that notification on each written contract made under this chapter for the services of an individual or other entity.
(c)  The policy council shall keep a file about each written complaint filed with the policy council that the policy council has authority to resolve.  The policy council shall provide to the person filing the complaint and the persons or entities complained about the policy council's policies and procedures pertaining to complaint investigation and resolution.  The policy council, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and the persons or entities complained about of the status of the complaint unless the notice would jeopardize an undercover investigation.
(d)  The policy council shall keep information about each complaint filed with the policy council.  The information shall include:
(1)  the date the complaint is received;
(2)  the name of the complainant;
(3)  the subject matter of the complaint;
(4)  a record of all persons contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  for complaints for which the agency took no action, an explanation of the reason the complaint was closed without action.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 413 - Criminal Justice Policy Council › Section 413.022. Recidivism Performance Review

Sec. 413.022.  RECIDIVISM PERFORMANCE REVIEW.  (a)  The policy council shall develop methods for measuring the success of each program or service determined by the Texas Board of Criminal Justice under Section 493.0053 to be designed for the primary purpose of rehabilitating inmates.  On request of the policy council, the provider of a program or service or a representative of Sam Houston State University, the Texas Workforce Commission, or the Texas Department of Criminal Justice shall assist the policy council in developing the methods required by this section.  The Texas Department of Criminal Justice shall assist the council by collecting data in accordance with those methods.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(36), eff. June 17, 2011.
Added by Acts 1997, 75th Leg., ch. 1360, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 19.02(7), eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(36), eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 414 - Texas Crime Stoppers Council › Section 414.001. Definitions

Sec. 414.001.  DEFINITIONS.  In this chapter:
(1)  "Council" means the Texas Crime Stoppers Council.
(2)  "Crime stoppers organization" means:
(A)  a private, nonprofit organization that is operated on a local or statewide level, that accepts donations and expends funds for rewards to persons who submit tips under Section 414.0015(a), and that forwards the information received from tips to the appropriate law enforcement agency, school district, or open-enrollment charter school as provided by Section 414.0015(b); or
(B)  a public organization that is operated on a local or statewide level, that pays rewards to persons who submit tips under Section 414.0015(a), and that forwards the information received from tips to the appropriate law enforcement agency, school district, or open-enrollment charter school as provided by Section 414.0015(b).
(3)  "Open-enrollment charter school" means a school that has been granted a charter under Subchapter D, Chapter 12, Education Code.
(4)  "School district" means a public school district created under the laws of this state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 700, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June 19, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 168 (H.B. 590), Sec. 2, eff. May 27, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1172 (H.B. 3316), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 414 - Texas Crime Stoppers Council › Section 414.0015. Crime Stoppers Tips

Sec. 414.0015.  CRIME STOPPERS TIPS.  (a)  The council, a crime stoppers organization, or a person accepting information on behalf of the council or a crime stoppers organization may accept tips submitted by any person regarding:
(1)  criminal activity;
(2)  conduct or threatened conduct that constitutes a danger to public safety or an individual; or
(3)  conduct or threatened conduct that would disrupt the efficient and effective operations of a school district or open-enrollment charter school.
(b)  A crime stoppers organization may forward a tip submitted under Subsection (a) to the appropriate law enforcement agency, school district, or open-enrollment charter school, except that a tip regarding conduct or threatened conduct described only by Subsection (a)(3) may be forwarded only to the appropriate school district or open-enrollment charter school.
Added by Acts 2019, 86th Leg., R.S., Ch. 1172 (H.B. 3316), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 414 - Texas Crime Stoppers Council › Section 414.002. Organization of Council

Sec. 414.002.  ORGANIZATION OF COUNCIL.  (a)  The Texas Crime Stoppers Council is within the criminal justice division of the governor's office.
(b)  The council consists of five voting members appointed by the governor with the advice and consent of the senate.  At least three members must be:
(1)  a current or former official or employee of a school district or open-enrollment charter school; or
(2)  a person who has participated in a crime stoppers organization in any of the following capacities:
(A)  as a law enforcement coordinator;
(B)  as a member of the board of directors;
(C)  as a media representative; or
(D)  as an administrative officer.
(c)  The term of office of a voting member is four years.
(d)  At its first meeting after the beginning of each fiscal year the council shall elect from among its voting members a chairman and other officers that the council considers necessary.
(e)  In addition to the voting members appointed under Subsection (b), the council may annually appoint a current student of a public school in this state who participates in the Texas Crime Stoppers Ambassador Program as a nonvoting student advisor to the council.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 7.01(9), eff. Nov. 12, 1991;  Acts 1997, 75th Leg., ch. 700, Sec. 3, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 940, Sec. 1, eff. Aug. 30, 1999;  Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June 19, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 168 (H.B. 590), Sec. 3, eff. May 27, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1172 (H.B. 3316), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 414 - Texas Crime Stoppers Council › Section 414.003. Per Diem and Expenses

Sec. 414.003.  PER DIEM AND EXPENSES.  A voting member of the council is entitled to:
(1)  a per diem as determined by appropriation;  and
(2)  reimbursement for actual and necessary expenses incurred in performing duties as a member.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June 19, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1172 (H.B. 3316), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 414 - Texas Crime Stoppers Council › Section 414.004. Director

Sec. 414.004.  DIRECTOR.  The executive director of the criminal justice division of the governor's office, with input from the council, shall designate a person to serve as director.  The executive director shall consult with the council to define the director's authority and responsibilities.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June 19, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 707 (H.B. 3690), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 414 - Texas Crime Stoppers Council › Section 414.005. Duties

Sec. 414.005.  DUTIES.  The council shall:
(1)  encourage, advise, and assist in the creation of crime stoppers organizations;
(2)  foster the detection of crime and encourage persons to submit tips under Section 414.0015(a);
(3)  encourage news and other media to inform the public of the functions of crime stoppers organizations' operations and programs;
(4)  promote the process of crime stoppers organizations to forward information from tips submitted under Section 414.0015(a) to the appropriate law enforcement agencies, school districts, and open-enrollment charter schools;
(5)  help law enforcement agencies detect and combat crime by increasing the flow of information to and between law enforcement agencies;
(6)  create specialized programs targeted at detecting specific crimes or types of crimes identified as priorities by the council, including at least one program that:
(A)  encourages individuals to submit tips regarding sex offenders who have failed to register under Chapter 62, Code of Criminal Procedure;
(B)  encourages individuals to submit tips regarding criminal activity relating to the trafficking of persons, as described under Chapter 20A, Penal Code; and
(C)  financially rewards each individual who submits a tip described by Paragraph (A) or (B) that leads or substantially contributes to the arrest or apprehension:
(i)  of a sex offender who has failed to register under Chapter 62, Code of Criminal Procedure; or
(ii)  of a person suspected of engaging in conduct that constitutes an offense under Chapter 20A, Penal Code;
(7)  encourage, advise, and assist crime stoppers organizations in implementing any programs created under Subdivision (6), including a program specifically described by Subdivision (6); and
(8)  encourage, advise, and assist in the creation of campus-based crime stoppers organizations to increase the detection of criminal activity and other conduct or threatened conduct that may be submitted to a crime stoppers organization under Section 414.0015(a).
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 700, Sec. 4, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June 19, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 5, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 900 (H.B. 1120), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1351 (S.B. 1356), Sec. 5, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1172 (H.B. 3316), Sec. 5, eff. September 1, 2019.