1 Tex. Admin. Code § 3.9000
Certification
Effective Jul 11, 201035 TexReg 5803Source Note: The provisions of this §3.9000 adopted to be effective August 26, 1999, 24 TexReg 6467; amended to be effective August 26, 2003, 28 TexReg 6805; amended to be effective June 9, 2004, 29 TexReg 5591; amended to be effective February 22, 2007, 32 TexReg 613; amended to be effective July 11, 2010, 35 TexReg 5803.Texas Secretary of State
- (a) The Texas Crime Stoppers Council shall, on application by a crime stoppers organization as defined by §414.001(2) of the Texas Government Code, determine whether the organization meets the requirements to be certified 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.
- (b) The Texas Crime Stoppers Council shall, in its discretion, certify a crime stoppers organization to receive those repayments or payments if, considering the organization, continuity, leadership, community support, and general conduct of the organization, the Council determines that the repayments or payments will be spent to further the crime prevention purposes of the organization.
(c) Certification is valid for two years from the date of issuance. If a crime stoppers organization's certification expires, the organization is not eligible 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, until the organization obtains certification. The two-year certification period may be extended under the following circumstances:
- (1) If an organization's application to renew its certification is received by the director of the Texas Crime Stoppers Council before the two-year certification period expires, the organization's certification shall continue in effect until the Council makes a decision regarding the renewal of its certification.
(2) The chairman of the Texas Crime Stoppers Council may extend the two-year certification period for a period of time not to exceed 90 days if:
(A) one of the following extenuating circumstances occurs before the two-year certification period expires:
- (i) natural or man-made disaster;
- (ii) serious illness, incapacity, or death of the chairman, treasurer, or secretary of the organization's board of directors;
- (iii) serious illness, incapacity, or death of one of the organization's law enforcement/civilian coordinators; or
- (iv) death of a member of the immediate family of one of the officials listed in clauses (ii) and (iii) of this subparagraph;
- (B) one of the extenuating circumstances listed in subparagraph (A) of this paragraph has a detrimental effect on the organization's ability to submit an application for certification before the two-year certification period expires; and
- (C) the director of the Texas Crime Stoppers Council receives the organization's written request to extend the certification period no later than 20 calendar days after one of the extenuating circumstances listed in subparagraph (A) of this paragraph occurs.
(d) A private, nonprofit crime stoppers organization must submit the following information to the director of the Texas Crime Stoppers Council in order to obtain certification:
- (1) Documentation from the Internal Revenue Service granting the organization tax-exempt status;
(2) Proof that the following persons completed a training course provided by CJD and the Texas Crime Stoppers Council, or their designee, within the year prior to submission of its application for certification:
- (A) one member of the organization's board of directors, and
- (B) one of the organization's law enforcement/civilian coordinators;
- (3) A completed and signed Conditions of Certification Form;
- (4) The name, mailing address, email address, telephone number, occupation, and board position of each member of the organization's board of directors;
- (5) The name, mailing address, email address, and telephone number of each of the organization's law enforcement/civilian coordinators; and
(6) If the organization is currently certified by the Texas Crime Stoppers Council or the organization's most recent certification expired within three years prior to submission of its application for certification, the organization must submit the following additional information:
- (A) financial statements covering the two-year certification period on a form prescribed by the Texas Crime Stoppers Council;
- (B) documentation from the relevant courts or government agencies stating the amount of probation fees disbursed to the organization during the two-year certification period;
- (C) any Annual Probation Fee and Repayment Reports that have not been submitted to the director of the Texas Crime Stoppers Council as required by §3.9010 of this chapter; and
- (D) any Quarterly Statistical Reports that have not been submitted to the director of the Texas Crime Stoppers Council as required by §3.9013 of this chapter.
(e) A public crime stoppers organization must submit the following information to the director of the Texas Crime Stoppers Council in order to obtain certification:
- (1) Proof that one of the organization's law enforcement/civilian coordinators completed a training course provided by CJD and the Texas Crime Stoppers Council, or their designee, within the year prior to submission of its application for certification;
- (2) A completed and signed Conditions of Certification Form;
- (3) The name, mailing address, email address, telephone number, occupation, and board position of each member of the organization's governing board;
- (4) The name, mailing address, email address, and telephone number of each of the organization's law enforcement/civilian coordinators; and
(5) If the organization is currently certified by the Texas Crime Stoppers Council or the organization's most recent certification expired within three years prior to submission of its application for certification, the organization must submit the following additional information:
- (A) financial statements covering the two-year certification period on a form prescribed by the Texas Crime Stoppers Council;
- (B) documentation from the relevant courts or government agencies stating the amount of probation fees disbursed to the organization during the two-year certification period;
- (C) any Annual Probation Fee and Repayment Reports that have not been submitted to the director of the Texas Crime Stoppers Council as required by §3.9010 of this chapter; and
- (D) any Quarterly Statistical Reports that have not been submitted to the director of the Texas Crime Stoppers Council as required by §3.9013 of this chapter.
- (f) Decisions regarding the certification of crime stoppers organizations shall be made by the Texas Crime Stoppers Council.
Source Note:The provisions of this §3.9000 adopted to be effective August 26, 1999, 24 TexReg 6467; amended to be effective August 26, 2003, 28 TexReg 6805; amended to be effective June 9, 2004, 29 TexReg 5591; amended to be effective February 22, 2007, 32 TexReg 613; amended to be effective July 11, 2010, 35 TexReg 5803.