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