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.