1 Tex. Admin. Code § 3.9019 - Mergers of Non-Certified Organizations to Certified Organizations
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.
Notes
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