CHAPTER 414. TEXAS CRIME STOPPERS COUNCIL
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION
CHAPTER 414. TEXAS CRIME STOPPERS COUNCIL
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 and expends donations for
rewards to persons who report to the organization information
about criminal activity and that forwards the information to the
appropriate law enforcement agency; or
(B) a public organization that is operated on a local or
statewide level, that pays rewards to persons who report to the
organization information about criminal activity, and that
forwards the information to the appropriate law enforcement
agency.
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, Sec. 2, eff. May 27, 2009.
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 members appointed by the
governor with the advice and consent of the senate. At least
three members must be persons who have participated in a crime
stoppers organization in any of the following capacities:
(1) as a law enforcement coordinator;
(2) as a member of the board of directors;
(3) as a media representative; or
(4) as an administrative officer.
(c) The term of office of a member is four years.
(d) At its first meeting after the beginning of each fiscal year
the council shall elect from among its members a chairman and
other officers that the council considers necessary.
(e) Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.
7.01(9), eff. Nov. 12, 1991.
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, Sec. 3, eff. May 27, 2009.
Sec. 414.003. PER DIEM AND EXPENSES. A 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.
Sec. 414.004. DIRECTOR. The council and the executive director
of the criminal justice division of the governor's office shall
designate a person to serve as director. The director must be
approved by the governor. The council shall 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.
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
report information about criminal acts;
(3) encourage news and other media to broadcast reenactments and
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 about criminal acts to the appropriate law
enforcement agencies;
(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, including at least one program that:
(A) encourages individuals to report sex offenders who have
failed to register under Chapter 62, Code of Criminal Procedure;
and
(B) financially rewards each individual who makes a report
described by Paragraph (A) that leads or substantially
contributes to the arrest or apprehension of a sex offender who
has failed to register under Chapter 62, Code of Criminal
Procedure; and
(7) encourage, advise, and assist crime stoppers organizations
in implementing any programs created under Subdivision (6),
including a program specifically described by Subdivision (6).
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, Sec. 5, eff. September 1, 2007.
Sec. 414.006. RULES. The council may adopt rules to carry out
its functions under this chapter. The rules adopted by the
council shall not conflict with rules relating to grants adopted
by the criminal justice division of the governor's office.
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.
Sec. 414.007. CONFIDENTIALITY OF COUNCIL RECORDS. Council
records relating to reports of criminal acts are confidential.
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.
Sec. 414.008. PRIVILEGED INFORMATION. (a) Except as otherwise
provided by this section, evidence of a communication between a
person submitting a report of a criminal act to the council or a
crime stoppers organization and the person who accepted the
report on behalf of the council or organization is not admissible
in a court or an administrative proceeding.
(b) Records of the council or a crime stoppers organization
concerning a report of criminal activity may not be compelled to
be produced before a court or other tribunal except on a motion:
(1) filed in a criminal trial court by a defendant who alleges
that the records or report contains evidence that is exculpatory
to the defendant in the trial of that offense; or
(2) filed in a civil case by a plaintiff who alleges that denial
of access to the records concerning the report of criminal
activity abrogates any part of a cognizable common law cause of
action, if the plaintiff alleging abrogation:
(A) was charged with or convicted of a criminal offense based at
least partially on the report and the charges were dismissed, the
plaintiff was acquitted, or the conviction was overturned, as
applicable; and
(B) in the motion establishes a prima facie case that the
plaintiff's abrogated claim is based on injuries from the
criminal charge or conviction caused by the wrongful acts of
another performed in connection with the report.
(c) On motion of a movant under Subsection (b), the court may
subpoena the records or report. The court shall conduct an in
camera inspection of materials produced under subpoena to
determine whether the materials contain:
(1) evidence that is exculpatory to the defendant; or
(2) information necessary to a plaintiff as described by
Subsection (b)(2).
(d) If the court determines that the materials produced contain
evidence that is exculpatory to the defendant or information
necessary to a plaintiff as described by Subsection (b)(2), the
court shall present the evidence to the movant in a form that
does not disclose the identity of the person who was the source
of the evidence, unless the state or federal constitution
requires the disclosure of that person's identity. The court
shall execute an affidavit accompanying the disclosed materials
swearing that, in the opinion of the court, the materials
disclosed represent the evidence the movant is entitled to
receive under this section.
(e) The court shall return to the council or crime stoppers
organization the materials that are produced under this section
but not disclosed to the movant. The council or crime stoppers
organization shall store the materials at least until the first
anniversary of the following appropriate date:
(1) the date of expiration of the time for all direct appeals in
a criminal case; or
(2) the date a plaintiff's right to appeal in a civil case is
exhausted.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1993, 73rd Leg., ch. 711, Sec. 1, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 700, Sec. 5, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June 19, 1999; Acts
2003, 78th Leg., ch. 233, Sec. 1, eff. Sept. 1, 2003.
Sec. 414.009. MISUSE OF INFORMATION. (a) A person who is a
member or employee of the council or who accepts a report of
criminal activity on behalf of a crime stoppers organization
commits an offense if the person intentionally or knowingly
divulges to a person not employed by a law enforcement agency the
content of a report of a criminal act or the identity of the
person who made the report without the consent of the person who
made the report.
(b) An offense under this section is a Class A misdemeanor,
except that an offense under this section is a third degree
felony if the offense is committed with intent to obtain monetary
gain or other benefit.
(c) A person convicted of an offense under this section is not
eligible for state employment during the five-year period
following the date that the conviction becomes final.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 700, Sec. 6, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June 19, 1999.
Sec. 414.010. PAYMENTS FROM DEFENDANTS ON COMMUNITY SUPERVISION;
REWARD REPAYMENTS. (a) Except as provided by Subsection (d), a
crime stoppers organization certified by the council to receive
money in the form of payments from defendants placed on community
supervision under Article 42.12, Code of Criminal Procedure, or
money in the form of repayments of rewards under Articles 37.073
and 42.152, Code of Criminal Procedure, may use not more than 20
percent of the money annually received to pay costs incurred in
administering the organization and shall use the remainder of the
money, including any interest earned on the money, only to reward
persons who report information concerning criminal activity. Not
later than January 31 of each year, a crime stoppers organization
that receives or expends money under this section shall file a
detailed report with the council.
(b) A crime stoppers organization shall establish a separate
reward account for money received under this section.
(c) Not later than the 60th day after the date of dissolution or
decertification of a crime stoppers organization, a dissolved or
decertified organization shall forward all unexpended money
received under this section to the comptroller. The comptroller
shall deposit the money in the crime stoppers assistance account
in the general revenue fund.
(d) If the amount of funds received by a crime stoppers
organization under this section exceeds three times the amount of
funds that the organization uses to pay rewards during a fiscal
year based on the average amount of funds used to pay rewards
during each of the preceding three fiscal years, the organization
may deposit the excess amount of funds in a separate
interest-bearing account to be used by the organization for law
enforcement purposes relating to crime stoppers or juvenile
justice, including intervention, apprehension, and adjudication.
An organization that deposits excess funds in an account as
provided by this subsection may use any interest earned on the
funds to pay costs incurred in administering the organization.
Added by Acts 1989, 71st Leg., ch. 86, Sec. 2, eff. Aug. 28,
1989. Amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.019, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 756, Sec. 1, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 700, Sec. 7, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1466, Sec. 1, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June 19, 1999; Acts
2001, 77th Leg., ch. 390, Sec. 1, eff. Sept. 1, 2001.
Sec. 414.011. CERTIFICATION OF ORGANIZATIONS TO RECEIVE PAYMENTS
AND REWARD REPAYMENTS. (a) The council shall, on application by
a crime stoppers organization, determine whether the organization
is qualified to receive repayments of rewards under Articles
37.073 and 42.152, Code of Criminal Procedure, or payments from a
defendant under Article 42.12, Code of Criminal Procedure. The
council shall certify a crime stoppers organization to receive
those repayments or payments if, considering the organization,
continuity, leadership, community support, and general conduct of
the crime stoppers organization, the council determines that the
repayments or payments will be spent to further the crime
prevention purposes of the organization.
(b) Each crime stoppers organization certified by the council to
receive repayments under Articles 37.073 and 42.152, Code of
Criminal Procedure, or payments from a defendant under Article
42.12, Code of Criminal Procedure, is subject to a review or
audit, including financial and programmatic reviews or audits, of
finances or programs at the direction of the criminal justice
division of the governor's office or its designee. A copy of the
review or audit report shall be submitted to the criminal justice
division.
(c) The criminal justice division of the governor's office or
its designee shall draft rules for adoption by the council
relating to a review or audit requested pursuant to Subsection
(b).
(d) A certification issued by the council is valid for a period
of two years. During this two-year period, the council shall
decertify a crime stoppers organization if it determines that the
organization no longer meets the certification requirements.
(e) The council shall approve a crime stoppers organization for
purposes of Subsection (a) of this section even if a judge has
not requested a determination for that organization and shall
maintain a current list of organizations approved for that
purpose.
Added by Acts 1989, 71st Leg., ch. 611, Sec. 4, eff. Sept. 1,
1989. Renumbered from Sec. 414.010 by Acts 1990, 71st Leg., 6th
C.S., ch. 12, Sec. 2(4), eff. Sept. 6, 1990. Amended by Acts
1993, 73rd Leg., ch. 711, Sec. 2, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 756, Sec. 2, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 700, Sec. 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg.,
ch. 1560, Sec. 1, eff. June 19, 1999.
Sec. 414.012. TOLL-FREE TELEPHONE SERVICE. The council shall
establish and operate a toll-free telephone service and make the
service accessible to persons residing in areas of the state not
served by a crime stoppers organization for reporting to the
council information about criminal acts. The toll-free service
must be available between the hours of 5 p.m. and 8 a.m. Monday
through Thursday and from 5 p.m. Friday until 8 a.m. Monday. The
council shall forward the information received to appropriate law
enforcement agencies or crime stoppers organization.
Added by Acts 1993, 73rd Leg., ch. 807, Sec. 1, eff. Aug. 30,
1993. Amended by Acts 1997, 75th Leg., ch. 700, Sec. 9, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June
19, 1999.
Sec. 414.013. IMMUNITY FROM CIVIL LIABILITY. (a) A person who
communicates to the council or a crime stoppers organization a
report of criminal activity that leads to the arrest of, the
filing of charges against, or the conviction of a person for a
criminal offense is immune from civil liability for damages
resulting from the communication unless the communication was
intentionally, wilfully, or wantonly negligent or done with
conscious indifference or reckless disregard for the safety of
others.
(b) A person who in the course and scope of the person's duties
or functions receives, forwards, or acts on a report of criminal
activity communicated to the council or a crime stoppers
organization is immune from civil liability for damages resulting
from an act or omission in the performance of the person's duties
or functions unless the act or omission was intentional, wilfully
or wantonly negligent, or done with conscious indifference or
reckless disregard for the safety of others.
Added by Acts 2003, 78th Leg., ch. 233, Sec. 2, eff. Sept. 1,
2003.