| (a) During the two-year certification period, the Council
shall decertify a crime stoppers organization if it determines that
the organization no longer meets the certification requirements described
in §3.9000(b) of this chapter, which may result from a violation
of state law, federal law, or Subchapter H of this chapter.
(b) If a crime stoppers organization is decertified
by the Council, 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 Chapter 42A of the Texas
Code of Criminal Procedure.
(c) The Council, or the Chairman of the Council, shall
send written notification to the crime stoppers organization no later
than 45 calendar days prior to the meeting at which the Council will
consider the decertification of the organization. The written notification
shall include the following:
(1) Reasons why the organization may no longer meet
the certification requirements described in §3.9000(b) of this
chapter; and
(2) The date, time, and location of the meeting at
which the Council will consider the decertification of the organization.
(d) The crime stoppers organization shall submit a
written response, which shall include an explanation and specific
reasons why the organization believes that it should not be decertified.
The written response must be received by the director of the Council
at least 10 calendar days prior to the meeting at which the Council
will consider the decertification of the organization.
(e) The Council shall render a decision regarding the
decertification of the crime stoppers organization and shall notify
the organization in writing of its decision.
(f) If a crime stoppers organization is decertified,
the director of the Council shall notify the state comptroller, and
the relevant courts, county auditors and community supervision and
corrections departments in the organization's region, that the organization
is decertified and 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 Chapter 42A of the Texas Code of
Criminal Procedure.
(g) Not later than the 60th day after the date of decertification
of the organization, the decertified organization shall forward all
unexpended money received pursuant to §414.010 of the Texas Government
Code to the state comptroller.
(h) The director of the Council may determine that
a certified crime stoppers organization is at risk of no longer meeting
the certification requirements or duties described in §3.9000
of this chapter. If the director of the Council makes such a determination,
the director of the Council may create a corrective action plan to
assist the organization in meeting those requirements or duties, including
specifying the actions necessary to meet those requirements or duties
and the time the organization has to complete them. If the organization
no longer meets the certification requirements or duties described
in §3.9000 of this chapter, the director of the Council must
notify the Council.
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| Source Note: The provisions of this §3.9005 adopted to be effective August 26, 2003, 28 TexReg 6805; amended to be effective June 9, 2004, 29 TexReg 5591; amended to be effective July 11, 2010, 35 TexReg 5803; amended to be effective June 12, 2011, 36 TexReg 3407; amended to be effective March 26, 2020, 45 TexReg 1975 |
