H.B. No. 3647

	AN ACT
	relating to the Texas Peace Officers' Memorial Monument and
	Ceremony.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Chapter 3105, Government Code, is
	amended to read as follows:
	CHAPTER 3105. TEXAS PEACE OFFICERS' MEMORIAL MONUMENT AND CEREMONY
	SECTION 2.  Section 3105.002, Government Code, is amended by
	adding Subdivision (2-a) to read as follows:
	(2-a)  "Committee" means the Texas Peace Officers'
	Memorial Ceremony Committee.
	SECTION 3.  Section 3105.003, Government Code, is amended to
	read as follows:
	Sec. 3105.003.  ELIGIBILITY FOR MONUMENT. (a) A person is
	eligible to have the person's name on the monument if the person was
	killed in the line of duty and was:
	(1)  a law enforcement officer or peace officer for
	this state or a political subdivision of this state under Article
	2.12, Code of Criminal Procedure, or other law;
	(2)  a federal law enforcement officer or special agent
	performing duties in this state, including those officers under
	Article 2.122, Code of Criminal Procedure; or
	(3)  a corrections or detention officer or county or
	municipal jailer employed or appointed by a municipal, county, or
	state penal institution in this state.
	(b)  A person described by Subsection (a) is presumed to have
	been killed in the line of duty if the Employees Retirement System
	of Texas makes payments and provides benefits to the eligible
	survivors of the person as provided by Chapter 615.
	SECTION 4.  Chapter 3105, Government Code, is amended by
	adding Section 3105.0035 to read as follows:
	Sec. 3105.0035.  NOMINATIONS; ADDITION OF NAMES TO MONUMENT.
	(a) A peace officer, law enforcement agency, independent
	researcher, or organization that advocates on behalf of the
	survivors of persons described by Section 3105.003 may submit to
	the commission a nomination to have a person's name added to the
	monument.
	(b)  The executive director of the commission shall make a
	preliminary recommendation to the commission on whether a person
	nominated under Subsection (a) is eligible under Section 3105.003.
	(c)  The commission shall place each nomination, including
	the executive director's preliminary recommendation, on the agenda
	of a scheduled meeting of the commission for consideration by the
	commission. The commission shall allow public testimony and
	consider any evidence presented regarding the eligibility of the
	person nominated. After hearing testimony and considering
	evidence, the commission shall determine by a public vote whether
	the person meets the eligibility requirements under Section
	3105.003.
	(d)  The commission shall add a person's name to the monument
	if the commission determines that the person meets the eligibility
	requirements.
	SECTION 5.  Section 3105.004(b), Government Code, is amended
	to read as follows:
	(b)  The commission shall:
	(1)  establish and maintain historical and archival
	records of the inducted officers and jailers that must be
	accessible to family members and independent researchers; and
	(2)  adopt rules and establish procedures for adding
	names to the monument in accordance with Sections [Section]
	3105.003 and 3105.0035.
	SECTION 6.  Section 3105.005(c), Government Code, is amended
	to read as follows:
	(c)  Money in the account may be used only for the purposes
	prescribed by Section 3105.004 [this chapter].
	SECTION 7.  Chapter 3105, Government Code, is amended by
	adding Sections 3105.006 and 3105.007 to read as follows:
	Sec. 3105.006.  TEXAS PEACE OFFICERS' MEMORIAL CEREMONY
	COMMITTEE. (a)  The committee is established to plan, oversee, and
	facilitate annual ceremonies recognizing and honoring peace
	officers of this state who were killed in the line of duty.
	(b)  The committee consists of the following members:
	(1)  a president, or the president's designee, of any
	law enforcement organization that:
	(A)  provides full service legal and political
	representation to law enforcement officers of this state;
	(B)  has at least 10,000 members paying dues, as
	provided by the organization's Internal Revenue Service Form 990
	for the previous reporting period;
	(C)  has complied with all filing requirements of
	the Internal Revenue Service, the United States Department of
	Labor, and the secretary of state; and
	(D)  has an elected board of directors;
	(2)  a surviving spouse of a peace officer killed in the
	line of duty selected by the chapters of the Concerns of Police
	Survivors of this state; and
	(3)  the following nonvoting members or designees of
	the members:
	(A)  the governor;
	(B)  the lieutenant governor;
	(C)  the speaker of the house of representatives;
	(D)  the attorney general;
	(E)  the director of the Department of Public
	Safety;
	(F)  the executive director of the board; and
	(G)  the executive director of the commission.
	Sec. 3105.007.  TEXAS PEACE OFFICERS' MEMORIAL CEREMONY.
	(a)  The committee shall meet as necessary to plan and coordinate
	an annual memorial ceremony on the Capitol grounds to honor Texas
	peace officers who were killed in the line of duty.
	(b)  The committee shall hold the ceremony on a date selected
	by the committee during the week in which May 8 occurs.
	(c)  The ceremony may be funded by public or private money.
	(d)  Each odd-numbered year, the ceremony must include:
	(1)  a parade of law enforcement color guards and
	personnel ending at the Capitol; and
	(2)  a ceremony held during a joint session of the
	legislature on the floor of the house of representatives, if
	possible.
	(e)  During the ceremony under this section, the name of each
	peace officer who is being added to the monument that year must be
	read and the surviving family members of the peace officer must be
	recognized.
	SECTION 8.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3647 was passed by the House on April
	27, 2017, by the following vote:  Yeas 144, Nays 0, 3 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 3647 on May 24, 2017, by the following vote:  Yeas 144, Nays 0,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3647 was passed by the Senate, with
	amendments, on May 22, 2017, by the following vote:  Yeas 30, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor