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Salsa2pdflink 1..279 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 A. GENERAL PROVISIONS AND ADMINISTRATION Sec.A411.001.AADEFINITIONS. In this chapter: (1)AA"Commission" means the Public Safety Commission. (2)AA"Department" means the Department of Public Safety of the State of Texas. (3)AA"Director" means the public safety director. (4)AA"Internet" means the largest nonproprietary nonprofit cooperative public computer network, popularly known as the Internet. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 791, Sec. 1, eff. June 18, 1999. Sec. 411.0011.AACERTAIN LOCAL GOVERNMENT CORPORATIONS ENGAGED IN CRIMINAL IDENTIFICATION ACTIVITIES.AAFor purposes of this chapter, a reference to "criminal justice agency" includes a local government corporation created under Subchapter D, Chapter 431, Transportation Code, for governmental purposes relating to criminal identification activities, including forensic analysis, that allocates a substantial part of its annual budget to those criminal identification activities. Added by Acts 2013, 83rd Leg., R.S., Ch. 782 (S.B. 1238), Sec. 5, eff. June 14, 2013. Sec.A411.002.AADEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS. (a) The Department of Public Safety of the State of Texas is an agency of the state to enforce the laws protecting the public safety and provide for the prevention and detection of crime. The department is composed of the Texas Rangers, the Texas Highway Patrol, the administrative division, and other divisions that the commission considers necessary. (b)AAThe department shall have its principal office and 1 headquarters in Austin. (c)AAThe Department of Public Safety of the State of Texas is subject to Chapter 325 (Texas Sunset Act).AAUnless continued in existence as provided by that chapter, the department is abolished and Subsections (a) and (b) expire September 1, 2019. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.19(a), eff. Sept. 1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 1.23, eff. Nov. 12, 1991; Acts 1993, 73rd Leg., ch. 790, Sec. 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1169, Sec. 4.03, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1189, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.01, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 4.01, eff. June 17, 2011. Sec.A411.003.AAPUBLIC SAFETY COMMISSION. (a) The Public Safety Commission controls the department. (b)AAThe commission is composed of five citizens of this state appointed by the governor with the advice and consent of the senate.AAMembers must be selected because of their peculiar qualifications for the position and must reflect the diverse geographic regions and population groups of this state.AAMembers must have and maintain a secret security clearance granted by the United States government.AAA member may serve on the commission upon the granting of an interim secret security clearance, but may not be given access to classified information, participate in a briefing involving classified information, or vote on an issue involving classified information until a secret security clearance has been finally approved by the United States government.AAAppointments to the commission shall be made without regard to race, color, disability, sex, religion, age, or national origin.AAIn making an appointment the governor shall consider, among other things, the person 's knowledge of laws, experience in the enforcement of law, honesty, integrity, education, training, and executive ability. 2 (c) Members serve staggered six-year terms with the terms of either one or two members expiring January 1 of each even-numbered year. (d)AAThe governor shall designate one member of the commission as chairman of the commission to serve in that capacity at the pleasure of the governor.AAThe commission shall meet at the times and places specified by commission rule or at the call of the chairman.AAThe chairman shall oversee the preparation of an agenda for each meeting and ensure that a copy is provided to each member at least seven days before the meeting. (e)AAA member serves without compensation for service on the commission but is entitled to per diem for expenses as provided by the General Appropriations Act. (f)AAThe commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 790, Sec. 2, eff. Sept. 1, 1993. Amended by: Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 20.01, eff. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 120 (S.B. 1814), Sec. 1, eff. May 18, 2013. Sec.A411.0031.AATRAINING FOR COMMISSION MEMBERS. (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section. (b)AAThe training program must provide the person with information regarding: (1)AAthe legislation that created the department and the commission; (2)AAthe programs operated by the department; (3)AAthe role and functions of the department; (4)AAthe rules of the department, with an emphasis on 3 the rules that relate to disciplinary and investigatory authority; (5)AAthe current budget for the department; (6)AAthe results of the most recent formal audit of the department; (7)AAthe requirements of: (A)AAthe open meetings law, Chapter 551; (B)AAthe public information law, Chapter 552; (C)AAthe administrative procedure law, Chapter 2001; and (D)AAother laws relating to public officials, including conflict of interest laws; and (8)AAany applicable ethics policies adopted by the department or the Texas Ethics Commission. (c)AAA person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. Added by Acts 1999, 76th Leg., ch. 1189, Sec. 3, eff. Sept. 1, 1999. Sec. 411.0035.AAMEMBER AND GENERAL COUNSEL RESTRICTION. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide 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. (b)AAA person may not be a member of the commission and may not be a department employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if: (1)AAthe person is an officer, employee, or paid consultant of a Texas trade association in the field of law enforcement or private security; or (2)AAthe person 's spouse is an officer, manager, or paid 4 consultant of a Texas trade association in the field of law enforcement or private security. (c)AAA person may not be a member of the commission or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305 because of the person 's activities for compensation on behalf of a profession related to the operation of the commission. Added by Acts 1993, 73rd Leg., ch. 790, Sec. 4, eff. Sept. 1, 1993. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.02, eff. September 1, 2009. Sec.A411.0036.AAREMOVAL OF COMMISSION MEMBER. (a) It is a ground for removal from the commission if a member: (1)AAdoes not have at the time of appointment the qualifications required by Section 411.003; (2)AAdoes not maintain during service on the commission the qualifications required by Section 411.003; (3)AAviolates a prohibition established by Section 411.0035; (4)AAcannot discharge the member 's duties for a substantial part of the term for which the member is appointed because of illness or disability; or (5)AAis absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission. (b)AAThe validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists. (c)AAIf the director has knowledge that a potential ground for removal exists, the director shall notify the chairman of the commission of the potential ground. The chairman shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the chairman, the director shall notify the member with the longest tenure on the commission, other than the chairman, who shall then 5 notify the governor and the attorney general that a potential ground for removal exists. Added by Acts 1993, 73rd Leg., ch. 790, Sec. 5, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 2, eff. Sept. 1, 1999. Sec.A411.004.AADUTIES AND POWERS OF COMMISSION.
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