73R7062 MLR-D
          By Blackwood                                           H.B. No. 977
          Substitute the following for H.B. No. 977:
          By Oakley                                          C.S.H.B. No. 977
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to transferring the Law Enforcement Management Institute
    1-3  from the Commission on Law Enforcement Officer Standards and
    1-4  Education to the Texas Engineering Extension Service of The Texas
    1-5  A&M University System.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Subchapter E, Chapter 415, Government Code, is
    1-8  transferred to Chapter 88, Education Code, redesignated as
    1-9  Subchapter G, and amended to read as follows:
   1-10        SUBCHAPTER G <E>.  LAW ENFORCEMENT MANAGEMENT INSTITUTE
   1-11        Sec. 88.551 <415.091>.  DEFINITIONS <DEFINITION>.  In this
   1-12  subchapter:
   1-13              (1)  "Board" <"board"> means the advisory board <of
   1-14  directors> of the institute.
   1-15              (2)  "Director" means the director of the Texas
   1-16  Engineering Extension Service of The Texas A&M University System.
   1-17              (3)  "Institute" means the Law Enforcement Management
   1-18  Institute.
   1-19        Sec. 88.552 <415.092>.  Institute.  The Law Enforcement
   1-20  Management Institute is created for the training of police
   1-21  management personnel.  The institute is a division of the Texas
   1-22  Engineering Extension Service of The Texas A&M University System
   1-23  <may be located on the campus of a state institution of higher
   1-24  education>.
    2-1        Sec. 88.553 <415.093>.  Advisory Board.  (a)  The institute's
    2-2  advisory <institute is governed by the> board<,> is composed of
    2-3  nine members appointed as follows:
    2-4              (1)  two by the governor;
    2-5              (2)  two by the lieutenant governor;
    2-6              (3)  two by the speaker of the house of
    2-7  representatives;
    2-8              (4)  two by the chief executive officer of The Texas
    2-9  A&M University System; and
   2-10              (5)  one by the Commission on Law Enforcement Officer
   2-11  Standards and Education<, with each commissioner appointing one
   2-12  board member>.
   2-13        (b)  Appointments to the board shall be made without regard
   2-14  to the race, color, religion, sex, handicap, or national origin of
   2-15  the appointee.
   2-16        (c)  The commissioner of higher education of the Texas Higher
   2-17  Education Coordinating Board, the commissioner of the Central
   2-18  Education Agency, the director of the Department of Public Safety
   2-19  of the State of Texas, the executive director of the criminal
   2-20  justice division of the office of the governor, and the attorney
   2-21  general shall serve as nonvoting ex officio members of the board.
   2-22        (d)  To be eligible for appointment to the board, a person
   2-23  must be at least 21 years of age and a resident of this state.
   2-24  Each appointee must be of good character and may not have been
   2-25  convicted of a felony or a misdemeanor involving moral turpitude.
   2-26  Each appointee must have relevant experience and knowledge of law
   2-27  enforcement <must meet the education and experience requirements
    3-1  prescribed for commissioners under Sections 415.004 and 415.005>.
    3-2  A person is not eligible for appointment to the board if the person
    3-3  is the director <a commissioner>, an employee of the engineering
    3-4  extension service <commission>, or a person who is related within
    3-5  the second degree by affinity or consanguinity, as determined under
    3-6  Article 5996h, Revised Statutes, to the director <a commissioner>
    3-7  or an <commission> employee of the engineering extension service.
    3-8        Sec. 88.554 <415.094>.  Removal of Board Member.  <The
    3-9  commission may remove a board member at any time at a regular or
   3-10  specially called meeting of the commission by a two-thirds vote of
   3-11  the commissioners present and voting.>  It is a ground for removal
   3-12  from the board if a member does not have at the time of appointment
   3-13  the qualifications required for appointment to the board or does
   3-14  not maintain during service on the board the qualifications
   3-15  required for appointment to the board.  <The validity of an action
   3-16  of the board is not affected by the fact that it was taken while a
   3-17  ground for removal of a member of the board existed.>
   3-18        Sec. 88.555 <415.095>.  Term of Office; Vacancy.
   3-19  (a)  Members of the board hold office for two-year <serve staggered
   3-20  six-year> terms, with each member's term expiring February 1 of
   3-21  each odd-numbered year <on the day that the term of the
   3-22  commissioner who appointed the member expires>.
   3-23        (b)  If a vacancy occurs during a term, the director
   3-24  <commissioner who appointed the member who has vacated the board
   3-25  position> shall appoint a replacement who meets the qualifications
   3-26  of the vacated office to serve the unexpired portion of the term.
   3-27        (c)  A member may not serve more than three <one> full terms
    4-1  <term>.
    4-2        Sec. 88.556 <415.096>.  Board Officers; Meetings.  (a)  The
    4-3  board shall elect a chairman, a vice-chairman, and a secretary from
    4-4  the appointed members at its first meeting after new appointments
    4-5  to fill regular terms.
    4-6        (b)  The board shall meet at least once in each calendar
    4-7  quarter and may meet at other times as necessary to perform the
    4-8  duties of the board.
    4-9        (c)  Five of the appointed members constitute a quorum.
   4-10        Sec. 88.557 <415.097>.  Compensation.  A member serves
   4-11  without compensation for service on the board but is entitled to
   4-12  reimbursement for actual and necessary expenses incurred in
   4-13  performing functions as a member of the board.
   4-14        Sec. 88.558 <415.098>.  Duties of DIRECTOR AND OF Board.  (a)
   4-15  The board shall advise the director <commission> on issues related
   4-16  to the operation of the institute, including <and shall develop the
   4-17  institute's> curriculum, <select instructors, establish> admission
   4-18  standards, <determine> scholarship criteria, <develop>
   4-19  certification standards for classes taught through the institute,
   4-20  and <determine> the location of the institute's campuses.  The
   4-21  director <commission> may assign additional advisory duties to the
   4-22  board.
   4-23        (b)  The director <commission> may establish rules <not adopt
   4-24  a rule> relating to the institute but the director may not
   4-25  establish a rule before reviewing <and voting on> any
   4-26  recommendation relating to that rule made by the board.
   4-27        (c)  The board shall submit reports to the director
    5-1  <commission> relating to the operation of the institute as
    5-2  prescribed by the director <commission>.
    5-3        (d)  The director 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 Law Enforcement Management Institute fund.
    5-9        (e)  Participation in the institute training programs is open
   5-10  to every eligible resident of this state, whether or not the person
   5-11  is sponsored by an employing law enforcement agency.
   5-12        Sec. 88.559 <415.099>.  Fund.  The Law Enforcement Management
   5-13  Institute fund is in the state treasury.  The director <commission>
   5-14  shall use the fund in administering the institute.
   5-15        SECTION 2.  Section 415.010, Government Code, is amended to
   5-16  read as follows:
   5-17        Sec. 415.010.  General Powers.  The commission may:
   5-18              (1)  adopt rules for the administration of this chapter
   5-19  and for the commission's internal management and control;
   5-20              (2)  employ an executive director and other personnel
   5-21  necessary in the performance of commission functions;
   5-22              (3)  accept donations, contributions, grants, or gifts
   5-23  from private individuals, foundations, or the federal government;
   5-24              (4)  report to the governor and legislature on its
   5-25  activities, with recommendations on matters under its jurisdiction,
   5-26  and make other reports that it considers desirable;
   5-27              (5)  establish reasonable and necessary fees for the
    6-1  administration of this chapter;
    6-2              (6)  require the submission of reports and information
    6-3  by a state agency or a county, special district, or municipality in
    6-4  this state that employs officers or county jailers;
    6-5              (7)  contract with other persons as the commission
    6-6  considers necessary for services, facilities, studies, and reports
    6-7  required for:
    6-8                    (A)  cooperation with municipal, county, special
    6-9  district, state, and federal law enforcement agencies in training
   6-10  programs; and
   6-11                    (B)  performance of the commission's other
   6-12  functions;
   6-13              (8)  <through the creation of an institute for law
   6-14  enforcement management, make or encourage studies of police
   6-15  administration, law enforcement management, and advanced technical
   6-16  studies relating to law enforcement;>
   6-17              <(9)>  conduct research to improve law enforcement and
   6-18  police administration and stimulate research by public and private
   6-19  agencies for that purpose; and
   6-20              (9) <(10)>  establish minimum standards relating to
   6-21  competence and reliability, including educational, training,
   6-22  physical, mental, and moral standards, for licensing as an officer,
   6-23  county jailer, or public security officer.
   6-24        SECTION 3.  Section 415.014, Government Code, is amended to
   6-25  read as follows:
   6-26        Sec. 415.014.  Information of Public Interest.  <(a)>  The
   6-27  commission shall prepare information of public interest describing
    7-1  the regulatory functions of the commission and the procedures for
    7-2  filing and for resolution by the commission of public complaints.
    7-3  The commission shall make the information available to the general
    7-4  public and appropriate state agencies.
    7-5        <(b)  The commission shall make information reported to the
    7-6  commission by the institute available to the public and to
    7-7  appropriate state agencies.>
    7-8        SECTION 4.  Section 415.031(c), Government Code, is amended
    7-9  to read as follows:
   7-10        (c)  The commission may not license a school or approve a
   7-11  program or course of instruction for officers or county jailers,
   7-12  except a program created by the Law Enforcement Management
   7-13  Institute established under Subchapter G, Chapter 88, Education
   7-14  Code <institute>, unless the school has created an advisory board
   7-15  for developing a curriculum.  At least one-third of the members of
   7-16  the board must be members of the general public having the same
   7-17  qualifications required of a public member of the commission.
   7-18        SECTION 5.  Section 415.082(a), Government Code, is amended
   7-19  to read as follows:
   7-20        (a)  A person convicted of a criminal offense shall pay as
   7-21  court costs $1.50 in addition to other taxable court costs.  These
   7-22  additional court costs shall be collected in the same manner that
   7-23  other fines or court costs in the case are collected.  Subject to
   7-24  amounts retained under Section 415.083(d), $1 of those costs shall
   7-25  be deposited in the state treasury to the credit of the law
   7-26  enforcement officer standards and education fund, and 50 cents
   7-27  shall be deposited in the state treasury to the credit of the Law
    8-1  Enforcement Management Institute fund established under Section
    8-2  88.559, Education Code.
    8-3        SECTION 6.  Section 415.001(3), Government Code, is repealed.
    8-4        SECTION 7.  (a)  The terms of the current members of the
    8-5  board of directors of the Law Enforcement Management Institute who
    8-6  were appointed by the commissioners of the Commission on Law
    8-7  Enforcement Officer Standards and Education expire on the effective
    8-8  date of this Act.
    8-9        (b)  As soon as possible after the effective date of this
   8-10  Act, the director of the Texas Engineering Extension Service of The
   8-11  Texas A&M University System shall appoint new members to the
   8-12  advisory board, in accordance with Section 88.553, Education Code,
   8-13  as added by this Act, to terms expiring February 1, 1995.
   8-14        SECTION 8.  On the effective date of this Act, all powers,
   8-15  duties, and obligations relating to the Law Enforcement Management
   8-16  Institute are transferred from the Commission on Law Enforcement
   8-17  Officer Standards and Education to the Texas Engineering Extension
   8-18  Service of The Texas A&M University System.   All property in the
   8-19  custody of the commission and the original or a copy of any record
   8-20  that relates to the institute is transferred to the extension
   8-21  service.  All unexpended appropriations to the commission for the
   8-22  operation of the institute and all employees of the commission
   8-23  employed primarily in the operation of the institute are
   8-24  transferred to the extension service.  All rules, standards, and
   8-25  specifications of the commission relating to the operation of the
   8-26  institute remain in effect as rules, standards, and specifications
   8-27  of the extension service unless superseded by the director of the
    9-1  extension service.
    9-2        SECTION 9.  This Act takes effect September 1, 1993.
    9-3        SECTION 10.  The importance of this legislation and the
    9-4  crowded condition of the calendars in both houses create an
    9-5  emergency and an imperative public necessity that the
    9-6  constitutional rule requiring bills to be read on three several
    9-7  days in each house be suspended, and this rule is hereby suspended.