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.