If a certified crime stoppers organization agrees with a non-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 organization that
wants to merge with a non-certified 501(c)(3) crime stoppers organization
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) Copies of financial reviews of all bank accounts
held by the non-certified 501(c)(3) crime stoppers organization;
(F) If the financial review establishes that at any
time the non-certified 501(c)(3) crime stoppers organization was certified
by the Council and received court fees under Articles 37.073 and 42.152
and Chapter 42A, Texas Code of Criminal Procedure, and failed to return
all court fees to the state comptroller within 60 days following the
loss of certification, as required by §414.010(c), Texas Government
Code, a copy of the check for the outstanding court fees, made payable
to the Office of the Comptroller, or other satisfactory proof, must
be submitted with the application for certification;
(G) Copy of board of directors membership list of the
merged organization, to include contact information for board members,
the law enforcement coordinator, and executive director (if applicable);
(H) 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;
(I) Copies of the minutes of the boards of directors
meetings of the certified crime stoppers organization and the non-certified
501(c)(3) crime stoppers organization in which the boards voted to
merge their organizations;
(J) 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
(K) 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 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 the merged organizations. The merged organization also will 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.
|
| Source Note: The provisions of this §3.9019 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 |
