By:  Dutton                                            H.B. No. 928
       73R2237 JRD-F
                                 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 by the Commission on Law
    1-4  Enforcement Officer Standards and Education.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Sections 415.031(b) and (d), Government Code, are
    1-7  amended to read as follows:
    1-8        (b)  The commission may:
    1-9              (1)  through issuance or revocation of a license,
   1-10  approve or revoke approval of a school operated by or for this
   1-11  state or a political subdivision of the state specifically for
   1-12  training officers, county jailers, or recruits;
   1-13              (2)  operate schools and conduct preparatory,
   1-14  in-service, basic, and advanced courses in the schools, as the
   1-15  commission determines, for officers, county jailers, and recruits;
   1-16              (3)  license persons as qualified instructors under
   1-17  conditions that the commission prescribes; <and>
   1-18              (4)  visit and inspect a school conducting a training
   1-19  course for officers, county jailers, or recruits and make necessary
   1-20  evaluations to determine if it is complying with this chapter and
   1-21  commission rules; and
   1-22              (5)  establish a statewide comprehensive training
   1-23  program on civil rights, racial sensitivity, and cultural diversity
   1-24  for officers, county jailers, or recruits.
    2-1        (d)  The commission shall include instruction in weapons
    2-2  proficiency in a <peace officer> training program for officers
    2-3  under Subsection (a) and shall require a person seeking a <peace
    2-4  officer> license as an officer to demonstrate weapons proficiency.
    2-5        SECTION 2.  Section 415.034, Government Code, is amended to
    2-6  read as follows:
    2-7        Sec. 415.034.  Continuing Education.  (a)  The commission may
    2-8  recognize, prepare, or administer voluntary continuing education
    2-9  programs for officers, <and> county jailers, and other licensees
   2-10  and persons covered by this chapter.
   2-11        (b)  The commission shall <may> require a state, county,
   2-12  special district, or municipal agency that appoints <employs peace>
   2-13  officers to provide each <peace> officer with in-service <a>
   2-14  training programs <program> during a 24-month period and to provide
   2-15  each officer promoted to a supervisory position with in-service
   2-16  training programs on supervision during the 24-month period after
   2-17  the date of promotion.  The commission may not require an officer
   2-18  who participates in supervisory training programs to participate in
   2-19  training programs for nonsupervisory officers during the 24-month
   2-20  period in which the officer is required to participate in the
   2-21  supervisory training programs.  Courses required under this
   2-22  subsection <The course> must be approved by the commission<, must
   2-23  include training in the recognition of cases involving child abuse
   2-24  or neglect,> and may not exceed 40 hours.  An honorably retired
   2-25  commissioned officer of the Department of Public Safety who is a
   2-26  special ranger under Section 411.023 may not be required to undergo
   2-27  training under this subsection.
    3-1        (c)  The commission shall require a state agency or a
    3-2  political subdivision of the state that appoints officers to
    3-3  provide instruction for each officer in civil rights, racial
    3-4  sensitivity, and cultural diversity during the 48-month period
    3-5  after the date of appointment.  Courses required under this
    3-6  subsection are in addition to courses required under Subsection
    3-7  (b), must be approved by the commission, and may not exceed 40
    3-8  hours during a 48-month period.
    3-9        SECTION 3.  Sections 415.051(b) and (c), Government Code, are
   3-10  amended to read as follows:
   3-11        (b)  A person who appoints an officer or county jailer
   3-12  licensed by the commission shall notify the commission not later
   3-13  than the 30th day after the date of the appointment.  If the person
   3-14  appointed previously served as an officer or county jailer and is
   3-15  appointed after the 180th day after the date that the person last
   3-16  served as an officer or county jailer, the agency must include with
   3-17  its report under this subsection:
   3-18              (1)  a new criminal history check;
   3-19              (2)  a new declaration of psychological and emotional
   3-20  health and lack of drug dependency or illegal drug use; <and>
   3-21              (3)  two completed fingerprint cards;
   3-22              (4)  a complete employment history of the officer or
   3-23  jailer, including all employment as an officer, security officer,
   3-24  jailer, guard, or correctional officer in this state or any other
   3-25  jurisdiction; and
   3-26              (5)  a sworn affidavit by the officer or jailer stating
   3-27  the circumstances of the officer's or jailer's resignation or
    4-1  termination from any prior employment.
    4-2        (c)  An <A peace> officer serving under a permanent
    4-3  appointment before September 1, 1970, is not required to obtain a
    4-4  license as a condition of tenure, continued employment, or
    4-5  promotion unless the officer seeks a new appointment.  The officer
    4-6  is eligible to attend <peace> officer training courses subject to
    4-7  commission rules.
    4-8        SECTION 4.  Sections 415.052(a) and (c), Government Code, are
    4-9  amended to read as follows:
   4-10        (a)  The commission shall grant an appropriate license to a
   4-11  person who, as required by this chapter, has:
   4-12              (1)  submitted a proper application;
   4-13              (2)  completed the required training;
   4-14              (3)  passed the required examination;
   4-15              (4)  been declared to be in satisfactory psychological
   4-16  and emotional health and free from drug dependency or illegal drug
   4-17  use; <and>
   4-18              (5)  demonstrated weapons proficiency;
   4-19              (6)  submitted a complete employment history, including
   4-20  all employment as an officer, security officer, jailer, guard, or
   4-21  correctional officer in this state or any other jurisdiction; and
   4-22              (7)  submitted a sworn affidavit stating the
   4-23  circumstances of the person's resignation or termination from any
   4-24  prior employment.
   4-25        (c)  The commission shall adopt rules relating to
   4-26  requirements for reactivation of an <a peace> officer's license
   4-27  after a break in service <employment>.  The officer seeking
    5-1  reactivation must provide the commission with a complete employment
    5-2  history and a sworn affidavit stating the circumstances of the
    5-3  person's resignation or termination from prior employment.  The
    5-4  commission may consider appointment <employment> as an <a peace>
    5-5  officer in another state in determining whether a person is
    5-6  required to have additional training or testing.  The commission
    5-7  shall adopt rules establishing a list of active licensed <peace>
    5-8  officers and a list of inactive licensed <peace> officers who are
    5-9  no longer under appointment by <leave the employment of> a law
   5-10  enforcement agency.  The commission shall adopt rules requiring a
   5-11  law enforcement agency that discharges an officer for just cause to
   5-12  report the fact to the commission.
   5-13        SECTION 5.  For persons who are officers on September 1,
   5-14  1993, the courses required under Section 415.034(c), Government
   5-15  Code, as added by this Act, must be completed before September 1,
   5-16  1997.
   5-17        SECTION 6.  This Act takes effect September 1, 1993.
   5-18        SECTION 7.  The importance of this legislation and the
   5-19  crowded condition of the calendars in both houses create an
   5-20  emergency and an imperative public necessity that the
   5-21  constitutional rule requiring bills to be read on three several
   5-22  days in each house be suspended, and this rule is hereby suspended.