1 Tex. Admin. Code § 3.9017 - Mergers of Certified Organizations
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.
Notes
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