By Dutton                                              H.B. No. 928
          Substitute the following for H.B. No. 928:
          By Oakley                                          C.S.H.B. No. 928
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the licensing and training of peace officers, jailers,
    1-3  and reserve law enforcement officers, and other persons by the
    1-4  Commission on Law Enforcement Officer Standards and Education.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter A, Chapter 415, Government Code, is
    1-7  amended by adding Section 415.016 to read as follows:
    1-8        Sec. 415.016.  AUDITS; INVESTIGATIONS; REMEDIES.  (a)  The
    1-9  commission may conduct an audit or investigation of the records of
   1-10  a person or a law enforcement agency covered by this chapter if the
   1-11  commission receives a signed complaint alleging that the person or
   1-12  agency violated this chapter or a rule adopted under this chapter.
   1-13  During the audit or investigation, the commission is entitled to
   1-14  access to the information held by a law enforcement agency.  The
   1-15  commission's audit or investigation is limited to matters related
   1-16  to its jurisdiction under this chapter and may not question the
   1-17  operational or personnel management procedures of a law enforcement
   1-18  agency.
   1-19        (b)  For the purpose of an audit or investigation, the
   1-20  commission may:
   1-21              (1)  administer oaths or affirmations;
   1-22              (2)  subpoena witnesses, including a licensee, chief
   1-23  administrator, or any other person; or
   1-24              (3)  subpoena records, books, documents, or
    2-1  computerized information.
    2-2        (c)  A subpoena issued by the commission may be served and is
    2-3  enforceable throughout the state.  If a person fails to obey a
    2-4  subpoena, the commission may petition a district court of Travis
    2-5  County or a district court of the county in which the person on
    2-6  whom the subpoena was served is located to enforce the subpoena.
    2-7        (d)  The commission may petition a district court to enjoin a
    2-8  violation a violation of this chapter.  The action shall be brought
    2-9  in district court in Travis County.  The court shall give
   2-10  preference to an action brought under this section in setting its
   2-11  docket.  The commission may be represented by the attorney general
   2-12  or by a district or county attorney.
   2-13        (e)  An action brought under this section is in addition to
   2-14  any other remedy provided by law.
   2-15        SECTION 2.  Sections 415.031(b) and (d), Government Code, are
   2-16  amended to read as follows:
   2-17        (b)  The commission shall <may>:
   2-18              (1)  through the issuance or revocation of a license,
   2-19  approve or revoke approval of a school operated by or for this
   2-20  state or a political subdivision of the state specifically for
   2-21  training officers, county jailers, or recruits;
   2-22              (2)  operate schools and conduct preparatory,
   2-23  in-service, basic, and advanced courses in the schools, as the
   2-24  commission determines, for officers, county jailers, and recruits;
   2-25              (3)  license persons as qualified instructors under
   2-26  conditions that the conditions that the commission prescribes;
   2-27  <and>
    3-1              (4)  visit and inspect a school conducting a training
    3-2  course for officers, county jailers, or recruits and make necessary
    3-3  evaluations to determine if it is complying with this chapter and
    3-4  commission rules; and
    3-5              (5)  establish a statewide comprehensive training
    3-6  program on civil rights, racial sensitivity, and cultural diversity
    3-7  for officers, county jailers, public security officers, recruits
    3-8  and all other licensees and persons covered by this chapter.
    3-9        (d)  The commission shall include instruction in weapons
   3-10  proficiency in a <peace officer> training program for officers
   3-11  under Subsection (a) and shall require a person seeking a <peace
   3-12  officer> license as an officer to demonstrate weapons proficiency.
   3-13        SECTION 3.  Section 415.034, Government Code, is amended to
   3-14  read as follows:
   3-15        Sec. 415.034.  CONTINUING EDUCATION.  (a)  The commission may
   3-16  recognize, prepare, or administer <voluntary> continuing education
   3-17  programs for officers, <and> county jailers, and other licensees
   3-18  and persons covered by this chapter.
   3-19        (b)  The commission shall <may> require a state, county,
   3-20  special district, or municipal agency that appoints <employs peace>
   3-21  officers to provide each <peace> officer with in-service <a>
   3-22  training programs <program> every 24-months <during a 24 month
   3-23  period>.  The course must:
   3-24              (1)  be approved by the commission; and
   3-25              (2)  <, must> include education and training in:
   3-26                    (A)  civil rights, racial sensitivity, and
   3-27  cultural diversity; and
    4-1                    (B)  the recognition of cases that involve one or
    4-2  more of the following:
    4-3                          (i)  <involving> child abuse;
    4-4                          (ii)  child <or> neglect;
    4-5                          (iii)  family violence; and
    4-6                          (iv)  sexual assault.
    4-7        (c)  The course provided under Subsection (b) <, and> may not
    4-8  exceed 40 hours.
    4-9        (d)  An officer appointed or promoted to the officer's first
   4-10  supervisory position must receive in-service training on
   4-11  supervision as part of the course provided under Subsection (b)
   4-12  during the 24-month period before or after the date of appointment
   4-13  or promotion to a supervisory position.
   4-14        (e)  An honorably retired commissioned officer of the
   4-15  Department of Public Safety who is a special ranger under Section
   4-16  411.023 may not be required to undergo training under this
   4-17  subsection.
   4-18        (f)  The commission shall require a state agency or a
   4-19  political subdivision of the state that appoints officers covered
   4-20  by this chapter, to provide instruction for each covered person in
   4-21  civil rights, racial sensitivity, and cultural diversity during the
   4-22  24-month period after the date of appointment.  Courses required
   4-23  under this subsection must be approved by the commission and may
   4-24  not exceed 40 hours during the 24-month period.
   4-25        SECTION 4.  Section 415.063, Government Code, is amended by
   4-26  adding Subsections (c)-(g) to read as follows:
   4-27        (c)  When a person who is licensed under this chapter leaves
    5-1  the employment of a law enforcement agency, or the person's
    5-2  appointment with the law enforcement agency is terminated for any
    5-3  reason, including resignation, the chief administrator of the law
    5-4  enforcement agency or his representative shall report to the
    5-5  commission:
    5-6              (1)  whether the person was under investigation by the
    5-7  agency at the time of the separation from employment or the
    5-8  termination of the appointment;
    5-9              (2)  whether the chief administrator is aware of any
   5-10  investigation of the person by another governmental entity
   5-11  conducted at or shortly before the time of separation or
   5-12  termination; and
   5-13              (3)  whether the person voluntarily separated from the
   5-14  employment or voluntarily terminated the appointment.
   5-15        (d)  The chief administrator of a law enforcement agency or
   5-16  his representative shall furnish a copy of a report made under
   5-17  Subsection (c) to the person who is the subject of the report.  The
   5-18  person is entitled to file a written statement with the commission
   5-19  that contests any information in the report, but the person is not
   5-20  entitled to a hearing before the commission to contest the
   5-21  information.
   5-22        (e)  A person who applies for a commission license, a person
   5-23  who is licensed and who is subject of a report under the 180-day
   5-24  requirement of Section 415.051(b), and a person who applies for
   5-25  reactivation of a license under Section 415.052(c) shall provide to
   5-26  the commission the person's affidavit that states the person's
   5-27  complete employment and appointment history or that provides an
    6-1  updated history if the person has previously provided a complete
    6-2  history to the commission.  The history must include the person's
    6-3  completed or updated, as appropriate, employment and appointment
    6-4  history in law enforcement, corrections, and security positions and
    6-5  an explanation of the circumstances under which the person left
    6-6  each employment or position of appointment.  The person must also
    6-7  sign a release, on a form prescribed by the commission, that
    6-8  authorizes the commission to obtain any documents necessary for the
    6-9  commission to verify the employment and appointment history.
   6-10        (f)  The commission is not civilly liable to any person
   6-11  because of the information it keeps on record.
   6-12        (g)  The law enforcement agency or chief administrator of a
   6-13  law enforcement agency is not civilly liable for a report it makes
   6-14  in good faith under this chapter.
   6-15        SECTION 5.  For persons who are officers, county jailers,
   6-16  public security officers  and other licensees and persons covered
   6-17  by this chapter on September 1, 1993, the courses required under
   6-18  Section 415.034(f), Government Code, as added by this Act, must be
   6-19  completed before September 1, 1997.
   6-20        SECTION 6.  This Act takes effect September 1, 1993.
   6-21        SECTION 7.  The importance of this legislation and the
   6-22  crowded condition of the calendars in both houses create an
   6-23  emergency and an imperative public necessity that the
   6-24  constitutional rule requiring bills to be read on three several
   6-25  days in each house be suspended, and this rule is hereby suspended.