Part 1.
OFFICE OF THE GOVERNOR
Chapter 3.
CRIMINAL JUSTICE DIVISION
Subchapter H. CRIME STOPPERS PROGRAM CERTIFICATION
1.
CRIME STOPPERS PROGRAM CERTIFICATION
The Crime Stoppers Advisory Council ("Council") adopts the amendment
of Subchapter H §3.9000; the addition of Subchapter H §§ 3.9005,
3.9010, and 3.9015; and the repeal of Subchapter H §3.9100 and §3.9200,
without changes to the proposed text as published in the June 27, 2003, issue
of the
Texas Register
(28 TexReg 4695).
The proposed amendments and additions provide processes and procedures
for the certification, decertification, and review of crime stoppers organizations,
and the requirements for the submission of annual probation fee and repayment
reports.
The adopted amendment to §3.9000 clarifies the requirements that a
crime stoppers organization must fulfill to be certified by the Council to
receive repayments of rewards under Articles 37.073 and 42.152 of the Texas
Code of Criminal Procedure, or payments from a defendant under Article 42.12
of the Texas Code of Criminal Procedure. The authority to determine if a crime
stoppers organization is qualified to receive such repayments and payments
is granted to the Council by Texas Government Code, §414.011(a). The
proposed amendment also clarifies the processes and procedures for certification,
and permits the Council to extend the certification period for limited periods
of time under specified circumstances.
The adopted addition of §3.9005 establishes processes and procedures
for deciding if a crime stoppers organization should be decertified during
the certification period. The authority to determine if a crime stoppers organization
should be decertified because the organization no longer meets the certification
requirements is granted to the Council by Texas Government Code, §414.011(d).
The adopted addition of §3.9010 requires a certified crime stoppers
organization to submit an Annual Probation Fee and Repayment Report postmarked
no later than January 31 of each year. The proposed addition implements the
requirements set forth in Texas Government Code, §414.010(a).
The adopted addition of §3.9015 establishes processes and procedures
for the review of certified crime stoppers organizations. The authority to
direct the review of certified crime stoppers organizations is granted to
the Criminal Justice Division ("CJD") of the Office of the Governor by Texas
Government Code, §414.011(b).
The adopted repeal of §3.9100, entitled "Certification", and §3.9200,
entitled "Decertification", allows these section numbers to be available if
further expansion of the administrative code becomes necessary. The provisions
regarding certification are found in §3.9000 and the provisions regarding
decertification are found in §3.9005.
No comments were received regarding the amendments, additions, and repeals
of these rules.