If a certified crime stoppers organization agrees with another
certified crime stoppers organization to merge and form a multi-county
or multi-jurisdictional (e.g., county and city) organization, the
merged organization must apply for continuing certification, and the
following procedures must be followed:
(1) The certified crime stoppers organizations that
want to merge must have contiguous borders.
(2) The merging organizations must choose a name for
the merged organization unless both organizations agree to operate
under the name of one of the existing organizations.
(3) The merged organization must file the following
documents with the director of the Council requesting certification
under a new name (if applicable) and with the expanded geographic
territory or jurisdiction:
(A) All required Texas Secretary of State, Texas Comptroller,
and United States Internal Revenue Service (IRS) required forms and
documentation for mergers and dissolutions, as applicable, or as specified
by the director of the Council;
(B) IRS compliance documents for dissolution of a 501(c)(3)
non-profit corporation and a 501(c)(3) letter authorizing the organization
to operate under the new name (if applicable);
(C) Texas Secretary of State compliance documents for
501(c)(3) non-profit corporations, as applicable, or as specified
by the director of the Council;
(D) Application for Continuing Certification under
the new name (if applicable) and with an expanded geographic territory
or jurisdiction;
(E) Copy of board of directors membership list of the
merged organization, to include contact information for board members,
the law enforcement coordinator, and the executive director (if applicable);
(F) The dates and locations that at least one board
member (if applicable), the law enforcement coordinator, and an executive
director (if applicable) received training as authorized by the Council
within the 24-month period preceding the merger;
(G) Copies of the minutes of the boards of directors
meetings of both certified crime stoppers organizations in which the
boards voted to merge their organizations;
(H) Copy of a cooperative agreement or memorandum of
understanding (MOU) between the merged organizations regarding the
merger and a copy of each organization's minutes of the board of directors
for the meeting where the agreement or MOU is approved; and
(I) Additional information specified by a vote of the
Council for inclusion in the application for continuing certification
that is necessary for the Council to make the determination for certification
required by §414.011(a) of the Texas Government Code or to fulfill
its duties under §414.005 of the Texas Government Code. The director
of the Council may request further information needed to clarify a
question raised in the examination of the materials submitted as part
of the application.
(4) If the director of the Council determines that
the merged organization meets all requirements within paragraphs (1)
- (3) of this section, the merged organization will be presented to
the Council for determination as to whether the merged organization
meets the requirements for certification at the Council's next regularly
scheduled meeting.
(5) Once the Council grants certification, the merged
organization may merge or consolidate the separate rewards accounts
of both organizations. The merged organization will also be eligible
to apply to the relevant CSCDs to receive court fees under the provisions
of Articles 37.073 and 42.152 and Chapter 42A, Texas Code of Criminal
Procedure.
(6) The merged organization's "Excess Funds Accounts,"
as described in §414.010(d) of the Texas Government Code, may
only be comprised of those funds that were previously in each individual
organization's "Excess Funds Accounts."
(7) The certification is valid for a period of two
years.
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Source Note: The provisions of this §3.9017 adopted to be effective June 21, 2009, 34 TexReg 3929; amended to be effective July 11, 2010, 35 TexReg 5803; amended to be effective June 12, 2011, 36 TexReg 3407; amended to be effective July 1, 2012, 37 TexReg 4851; amended to be effective March 26, 2020, 45 TexReg 1975 |