House Bill 3389 amends the Occupations Code to continue the Texas Commission on Law Enforcement Officer Standards and Education until September 1, 2021, and to amend provisions relating to the commission's functions. The bill modifies the commission's membership and employee restrictions, modifies training requirements for members, and adds to the reporting requirements for local law enforcement agencies for purposes of receiving an annual allocation of money from the comptroller of public accounts. The bill requires the commission to implement policies relating to the use of appropriate technological solutions to improve the commission's ability to perform its functions and to alternative dispute resolution procedures, to develop and establish a system for the electronic submission of required forms, data, and documents to the commission, and to establish guidelines relating to consequences of criminal convictions or deferred adjudications.

House Bill 3389 entitles the commission to access certain records of an agency regarding law enforcement officers, requires the commission to audit the records, and sets forth auditing procedures. The bill sets forth provisions relating to the submission of certain information by an entity that begins to commission, appoint, or employ law enforcement officers on or after September 1, 2009, and amends provisions relating to commission complaint procedures, recording, and analysis.

House Bill 3389 amends provisions relating to the required components of law enforcement officer training programs and qualifications for enrollment in such programs and requires an officer to complete a program on investigative topics, civil rights, racial sensitivity, and cultural diversity to obtain an intermediate proficiency certificate. The bill establishes administrative penalties to be assessed against a law enforcement agency or governmental entity that violates provisions relating to law enforcement officers or a rule adopted under those provisions and establishes venue for the prosecution of an offense that arises from such a violation.

House Bill 3389 amends the Code of Criminal Procedure to update law enforcement agency policy and reporting requirements regarding racial profiling and motor vehicle stops and provide for related disciplinary procedures and to establish a civil penalty for a law enforcement agency that fails to submit certain incident-based data to the commission. The bill establishes a 10-cent court cost to be paid by a defendant on conviction in a justice court, county court, county court at law, or municipal court of a motor vehicle moving violation and deposited to the credit of the Civil Justice Data Repository fund for use by the commission to implement its auditing duties. The bill makes conforming changes to the Government Code.

House Bill 3389	House Author: Harper-Brown et al.
Effective: 9-1-09	Senate Sponsor: Deuell