By: Toth H.B. No. 38       A BILL TO BE ENTITLED   AN ACT   relating to the appointment by the governor of a conservator of   certain counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 4, Government Code, is amended   by adding Chapter 426 to read as follows:   CHAPTER 426. CONSERVATORSHIP OF COUNTIES          Sec. 426.001.  DEFINITIONS. In this chapter:                (1)  "County law enforcement agency" means the   sheriff's office or constable's office of a county.                (2)  "Criminal justice information system" has the   meaning assigned by Article 66.001, Code of Criminal Procedure.                (3)  "Department" means the Department of Public Safety   of the State of Texas.          Sec. 426.002.  REVIEW OF CRIMINAL ACTIVITY IN COUNTY;   ACTION. The department shall review the information in the   criminal justice information system to determine whether there has   been a significant increase in criminal activity in a county of this   state. If the department determines that a significant increase in   criminal activity in a county poses a threat to public safety for   residents of this state, the department shall:                (1)  notify the governor of the threat to public safety   for residents of this state;                (2)  work with the county commissioners court and   county law enforcement agencies to reduce the criminal activity in   the county, including increasing the number of department personnel   in the county; and                (3)  notify the county commissioners court and county   law enforcement agencies that failure to reduce criminal activity   in the county may result in a law enforcement agency being placed in   state conservatorship.          Sec. 426.003.  APPOINTMENT OF CONSERVATOR. (a) If the   county commissioners court or any county law enforcement agency   does not cooperate with the department to implement measures to   reduce criminal activity in the county, the department shall notify   the governor of the failure to cooperate and may recommend that the   governor appoint a conservator for the county law enforcement   agency.          (b)  After receipt of a notice under Subsection (a), the   governor by proclamation may appoint a conservator, in accordance   with the recommendation, to act as conservator of the county law   enforcement agency.          (c)  To be eligible for appointment as a conservator, a   person must be qualified, by experience or education, in law   enforcement.          (d)  Except as otherwise provided by this chapter, a   conservator shall act as conservator of a county law enforcement   agency in the manner provided by Chapter 2104 for conservatorship   of state agencies by a conservator.          Sec. 426.004.  ASSUMPTION OF POLICY FUNCTIONS. The   conservator appointed by the governor under Section 426.003 shall   assume all the powers and duties of the officers responsible for   policy direction of the county law enforcement agency that is the   subject of the proclamation, and those officers may not act unless   authorized by the conservator.          Sec. 426.005.  DURATION OF CONSERVATORSHIP. A   conservatorship of a county law enforcement agency under this   chapter continues until the earlier of:                (1)  the governor's issuing of a proclamation declaring   that criminal activity in the county no longer justifies the need   for a conservatorship and that the conservatorship is dissolved; or                (2)  the department's finding and certifying to the   governor that the criminal activity in the county no longer   requires the conservatorship, in which case the conservatorship is   dissolved.          SECTION 2.  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 on the 91st day after the last day of the   legislative session.