By Blackwood H.B. No. 977
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the governance and name of the Law Enforcement
1-3 Management Institute.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 415, Government Code, is
1-6 transferred to Subchapter D, Chapter 96, Education Code,
1-7 redesignated as Section 96.64, and amended to read as follows:
1-8 Sec. 96.64. BILL BLACKWOOD <SUBCHAPTER E.> LAW ENFORCEMENT
1-9 MANAGEMENT INSTITUTE OF TEXAS. (a) <Sec. 415.091. DEFINITION.>
1-10 In this section <subchapter> "board" means the advisory board <of
1-11 directors> of the institute.
1-12 (b) <Sec. 415.092. INSTITUTE.> The Bill Blackwood Law
1-13 Enforcement Management Institute of Texas is created for the
1-14 training of police management personnel. The institute is a
1-15 division of Sam Houston State University under the direction of the
1-16 president of the university <may be located on the campus of a
1-17 state institution of higher education>.
1-18 (c) <Sec. 415.093. BOARD. (a)> The institute's advisory
1-19 <institute is governed by the> board is<,> composed of nine members
1-20 appointed as follows:
1-21 (1) two by the governor;
1-22 (2) two by the lieutenant governor;
1-23 (3) two by the speaker of the house of
1-24 representatives;
2-1 (4) two by the president of the university; and
2-2 (5) one by the Commission on Law Enforcement Officer
2-3 Standards and Education<, with each commissioner appointing one
2-4 board member>.
2-5 (d) <(b)> Appointments to the board shall be made without
2-6 regard to the race, color, religion, sex, handicap, or national
2-7 origin of the appointee.
2-8 (e) <(c)> The commissioner of higher education of the Texas
2-9 Higher Education Coordinating Board, the commissioner of the
2-10 Central Education Agency, the director of the Department of Public
2-11 Safety of the State of Texas, the executive director of the
2-12 criminal justice division of the office of the governor, and the
2-13 attorney general shall serve as nonvoting ex officio members of the
2-14 board.
2-15 (f) <(d)> To be eligible for appointment to the board, a
2-16 person must be at least 21 years of age and a resident of this
2-17 state. Each appointee must be of good character and may not have
2-18 been convicted of a felony or a misdemeanor involving moral
2-19 turpitude. Each appointee must have relevant experience and
2-20 knowledge of law enforcement <must meet the education and
2-21 experience requirements prescribed for commissioners under Sections
2-22 415.004 and 415.005. A person is not eligible for appointment to
2-23 the board if the person is a commissioner, an employee of the
2-24 commission, or a person who is related within the second degree by
2-25 affinity or consanguinity, as determined under Article 5996h,
2-26 Revised Statutes, to a commissioner or commission employee.>
2-27 <Sec. 415.094. REMOVAL OF BOARD MEMBER. The commission may
3-1 remove a board member at any time at a regular or specially called
3-2 meeting of the commission by a two-thirds vote of the commissioners
3-3 present and voting>. It is a ground for removal from the board if
3-4 a member does not have at the time of appointment the
3-5 qualifications required for appointment to the board or does not
3-6 maintain during service on the board the qualifications required
3-7 for appointment to the board. <The validity of an action of the
3-8 board is not affected by the fact that it was taken while a ground
3-9 for removal of a member of the board existed.>
3-10 (g) <Sec. 415.095. TERM OF OFFICE; VACANCY. (a)> Members
3-11 of the board hold office for two-year <serve staggered six-year>
3-12 terms, with each member's term expiring February 1 of each
3-13 odd-numbered year <on the day that the term of the commissioner who
3-14 appointed the member expires>. <(b)> If a vacancy occurs during a
3-15 term, the president <commissioner who appointed the member who has
3-16 vacated the board position> shall appoint a replacement who meets
3-17 the qualifications of the vacated office to serve the unexpired
3-18 portion of the term. <(c)> A member may not serve more than three
3-19 <one> full terms <term>.
3-20 (h) <Sec. 415.096. BOARD OFFICERS; MEETINGS. (a)> The
3-21 board shall elect a chairman, a vice-chairman, and a secretary from
3-22 the appointed members at its first meeting after new appointments
3-23 to fill regular terms. <(b)> The board shall meet at least once
3-24 in each calendar quarter and may meet at other times as necessary
3-25 to perform the duties of the board. <(c)> Five of the appointed
3-26 members constitute a quorum.
3-27 (i) <Sec. 415.097. COMPENSATION.> A member serves without
4-1 compensation for service on the board but is entitled to
4-2 reimbursement for actual and necessary expenses incurred in
4-3 performing functions as a member of the board.
4-4 (j) <Sec. 415.098. DUTIES OF BOARD. (a)> The board shall
4-5 advise the president <commission> on issues related to the
4-6 operation of the institute, including <and shall develop the
4-7 institute's> curriculum, <select instructors, establish> admission
4-8 standards, <determine> scholarship criteria, <develop>
4-9 certification standards for classes taught through the institute,
4-10 and <determine> the location of the institute's campuses. The
4-11 president <commission> may assign additional advisory duties to the
4-12 board. <(b)> The president <commission> may establish rules <not
4-13 adopt a rule> relating to the institute but the president may not
4-14 establish a rule before reviewing <and voting on> any
4-15 recommendation relating to that rule made by the board. <(c)> The
4-16 board shall submit reports to the president <commission> relating
4-17 to the operation of the institute as prescribed by the president
4-18 <commission>.
4-19 (k) <(d)> The president with the advice of the board shall
4-20 establish reasonable charges for participation in institute
4-21 training programs by participants who are not residents of this
4-22 state. The participation costs of participants who are residents,
4-23 including tuition, books, room, board, and travel costs, shall be
4-24 paid from the Bill Blackwood Law Enforcement Management Institute
4-25 of Texas fund. <(e)> Participation in the institute training
4-26 programs is open to every eligible resident of this state, whether
4-27 or not the person is sponsored by an employing law enforcement
5-1 agency.
5-2 (l) <Sec. 415.099. FUND.> The Bill Blackwood Law
5-3 Enforcement Management Institute of Texas fund is in the state
5-4 treasury. The president <commission> shall use the fund in
5-5 administering the institute.
5-6 SECTION 2. Section 415.010, Government Code, is amended to
5-7 read as follows:
5-8 Sec. 415.010. General Powers. The commission may:
5-9 (1) adopt rules for the administration of this chapter
5-10 and for the commission's internal management and control;
5-11 (2) employ an executive director and other personnel
5-12 necessary in the performance of commission functions;
5-13 (3) accept donations, contributions, grants, or gifts
5-14 from private individuals, foundations, or the federal government;
5-15 (4) report to the governor and legislature on its
5-16 activities, with recommendations on matters under its jurisdiction,
5-17 and make other reports that it considers desirable;
5-18 (5) establish reasonable and necessary fees for the
5-19 administration of this chapter;
5-20 (6) require the submission of reports and information
5-21 by a state agency or a county, special district, or municipality in
5-22 this state that employs officers or county jailers;
5-23 (7) contract with other persons as the commission
5-24 considers necessary for services, facilities, studies, and reports
5-25 required for:
5-26 (A) cooperation with municipal, county, special
5-27 district, state, and federal law enforcement agencies in training
6-1 programs; and
6-2 (B) performance of the commission's other
6-3 functions;
6-4 (8) <through the creation of an institute for law
6-5 enforcement management, make or encourage studies of police
6-6 administration, law enforcement management, and advanced technical
6-7 studies relating to law enforcement;>
6-8 <(9)> conduct research to improve law enforcement and
6-9 police administration and stimulate research by public and private
6-10 agencies for that purpose; and
6-11 (9) <(10)> establish minimum standards relating to
6-12 competence and reliability, including educational, training,
6-13 physical, mental, and moral standards, for licensing as an officer,
6-14 county jailer, or public security officer.
6-15 SECTION 3. Section 415.014, Government Code, is amended to
6-16 read as follows:
6-17 Sec. 415.014. Information of Public Interest. <(a)> The
6-18 commission shall prepare information of public interest describing
6-19 the regulatory functions of the commission and the procedures for
6-20 filing and for resolution by the commission of public complaints.
6-21 The commission shall make the information available to the general
6-22 public and appropriate state agencies.
6-23 <(b) The commission shall make information reported to the
6-24 commission by the institute available to the public and to
6-25 appropriate state agencies.>
6-26 SECTION 4. Section 415.031(c), Government Code, is amended
6-27 to read as follows:
7-1 (c) The commission may not license a school or approve a
7-2 program or course of instruction for officers or county jailers,
7-3 except a program created by the Bill Blackwood Law Enforcement
7-4 Management Institute of Texas established under Subchapter D,
7-5 Chapter 96, Education Code <institute>, unless the school has
7-6 created an advisory board for developing a curriculum. At least
7-7 one-third of the members of the board must be members of the
7-8 general public having the same qualifications required of a public
7-9 member of the commission.
7-10 SECTION 5. Section 415.082(a), Government Code, is amended
7-11 to read as follows:
7-12 (a) A person convicted of a criminal offense shall pay as
7-13 court costs $1.50 in addition to other taxable court costs. These
7-14 additional court costs shall be collected in the same manner that
7-15 other fines or court costs in the case are collected. Subject to
7-16 amounts retained under Section 415.083(d), $1 of those costs shall
7-17 be deposited in the state treasury to the credit of the law
7-18 enforcement officer standards and education fund, and 50 cents
7-19 shall be deposited in the state treasury to the credit of the Bill
7-20 Blackwood Law Enforcement Management Institute of Texas fund
7-21 established under Section 96.64(l), Education Code.
7-22 SECTION 6. Section 415.001(3), Government Code, is repealed.
7-23 SECTION 7. (a) The terms of the current members of the
7-24 board of directors of the Law Enforcement Management Institute who
7-25 were appointed by the commissioners of the Commission on Law
7-26 Enforcement Officer Standards and Education expire on the effective
7-27 date of this Act.
8-1 (b) As soon as possible after the effective date of this
8-2 Act, the president of Sam Houston State University shall appoint
8-3 new members to the advisory board, in accordance with Sections
8-4 96.64(c), (d), and (f), Education Code, as added by this Act, to
8-5 terms expiring February 1, 1995.
8-6 SECTION 8. On the effective date of this Act, all powers,
8-7 duties, and obligations relating to the Law Enforcement Management
8-8 Institute are transferred from the Commission on Law Enforcement
8-9 Officer Standards and Education to Sam Houston State University.
8-10 All property in the custody of the commission and the original or a
8-11 copy of any record that relates to the institute are transferred to
8-12 the university. All unexpended appropriations to the commission
8-13 for the operation of the institute and all employees of the
8-14 commission employed primarily in the operation of the institute are
8-15 transferred to the university. All rules, standards, and
8-16 specifications of the commission relating to the operation of the
8-17 institute remain in effect as rules, standards, and specifications
8-18 of the university unless superseded by the president of Sam Houston
8-19 State University.
8-20 SECTION 9. This Act takes effect September 1, 1993.
8-21 SECTION 10. The importance of this legislation and the
8-22 crowded condition of the calendars in both houses create an
8-23 emergency and an imperative public necessity that the
8-24 constitutional rule requiring bills to be read on three several
8-25 days in each house be suspended, and this rule is hereby suspended.