By: Blackwood H.B. No. 977
73R3061 MLR-D
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 board of directors of
1-14 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 attached to 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>. Board. (a) The institute is
2-2 governed by the board, composed of nine members appointed by the
2-3 director<, with each commissioner appointing one board member>.
2-4 (b) Appointments to the board shall be made without regard
2-5 to the race, color, religion, sex, handicap, or national origin of
2-6 the appointee.
2-7 (c) The commissioner of higher education of the Texas Higher
2-8 Education Coordinating Board, the commissioner of the Central
2-9 Education Agency, the director of the Department of Public Safety
2-10 of the State of Texas, the executive director of the criminal
2-11 justice division of the office of the governor, and the attorney
2-12 general shall serve as nonvoting ex officio members of the board.
2-13 (d) To be eligible for appointment to the board, a person
2-14 must be at least 21 years of age and a resident of this state.
2-15 Each appointee must be of good character and may not have been
2-16 convicted of a felony or a misdemeanor involving moral turpitude.
2-17 Each appointee must meet the same education and experience
2-18 requirements prescribed for commissioners of the Commission on Law
2-19 Enforcement Officer Standards and Education under Sections 415.004
2-20 and 415.005, Government Code. A person is not eligible for
2-21 appointment to the board if the person is the director <a
2-22 commissioner>, an employee of the engineering extension service
2-23 <commission>, or a person who is related within the second degree
2-24 by affinity or consanguinity, as determined under Article 5996h,
2-25 Revised Statutes, to the director <a commissioner> or an
2-26 <commission> employee of the engineering extension service.
2-27 Sec. 88.554 <415.094>. Removal of Board Member. <The
3-1 commission may remove a board member at any time at a regular or
3-2 specially called meeting of the commission by a two-thirds vote of
3-3 the commissioners present and voting.> It is a ground for removal
3-4 from the board if a member does not have at the time of appointment
3-5 the qualifications required for appointment to the board or does
3-6 not maintain during service on the board the qualifications
3-7 required for appointment to the board. The validity of an action
3-8 of the board is not affected by the fact that it was taken while a
3-9 ground for removal of a member of the board existed.
3-10 Sec. 88.555 <415.095>. Term of Office; Vacancy.
3-11 (a) Members of the board hold office for two-year <serve staggered
3-12 six-year> terms, with each member's term expiring February 1 of
3-13 each odd-numbered year <on the day that the term of the
3-14 commissioner who appointed the member expires>.
3-15 (b) If a vacancy occurs during a term, the director
3-16 <commissioner who appointed the member who has vacated the board
3-17 position> shall appoint a replacement who meets the qualifications
3-18 of the vacated office to serve the unexpired portion of the term.
3-19 (c) A member may not serve more than three <one> full terms
3-20 <term>.
3-21 Sec. 88.556 <415.096>. Board Officers; Meetings. (a) The
3-22 board shall elect a chairman, a vice-chairman, and a secretary from
3-23 the appointed members at its first meeting after new appointments
3-24 to fill regular terms.
3-25 (b) The board shall meet at least once in each calendar
3-26 quarter and may meet at other times as necessary to perform the
3-27 duties of the board.
4-1 (c) Five of the appointed members constitute a quorum.
4-2 Sec. 88.557 <415.097>. Compensation. A member serves
4-3 without compensation for service on the board but is entitled to
4-4 reimbursement for actual and necessary expenses incurred in
4-5 performing functions as a member of the board.
4-6 Sec. 88.558 <415.098>. Duties of DIRECTOR AND OF Board. (a)
4-7 The board shall advise the director <commission> on issues related
4-8 to the operation of the institute and shall develop the institute's
4-9 curriculum, select instructors, establish admission standards,
4-10 determine scholarship criteria, develop certification standards for
4-11 classes taught through the institute, and determine the location of
4-12 the institute's campuses. The director <commission> may assign
4-13 additional duties to the board.
4-14 (b) The director <commission> may establish rules <not adopt
4-15 a rule> relating to the institute but the director may not
4-16 establish a rule before reviewing <and voting on> any
4-17 recommendation relating to that rule made by the board.
4-18 (c) The board shall submit reports to the director
4-19 <commission> relating to the operation of the institute as
4-20 prescribed by the director <commission>.
4-21 (d) The board shall establish reasonable charges for
4-22 participation in institute training programs by participants who
4-23 are not residents of this state. The participation costs of
4-24 participants who are residents, including tuition, books, room,
4-25 board, and travel costs, shall be paid from the Law Enforcement
4-26 Management Institute fund.
4-27 (e) Participation in the institute training programs is open
5-1 to every eligible resident of this state, whether or not the person
5-2 is sponsored by an employing law enforcement agency.
5-3 Sec. 88.559 <415.099>. Fund. The Law Enforcement Management
5-4 Institute fund is in the state treasury. The director <commission>
5-5 shall use the fund in 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 Law Enforcement Management
7-4 Institute established under Subchapter G, Chapter 88, Education
7-5 Code <institute>, unless the school has created an advisory board
7-6 for developing a curriculum. At least one-third of the members of
7-7 the board must be members of the general public having the same
7-8 qualifications required of a public member of the commission.
7-9 SECTION 5. Section 415.082(a), Government Code, is amended
7-10 to read as follows:
7-11 (a) A person convicted of a criminal offense shall pay as
7-12 court costs $1.50 in addition to other taxable court costs. These
7-13 additional court costs shall be collected in the same manner that
7-14 other fines or court costs in the case are collected. Subject to
7-15 amounts retained under Section 415.083(d), $1 of those costs shall
7-16 be deposited in the state treasury to the credit of the law
7-17 enforcement officer standards and education fund, and 50 cents
7-18 shall be deposited in the state treasury to the credit of the Law
7-19 Enforcement Management Institute fund established under Section
7-20 88.559, Education Code.
7-21 SECTION 6. Section 415.001(3), Government Code, is repealed.
7-22 SECTION 7. (a) The terms of the current members of the
7-23 board of directors of the Law Enforcement Management Institute who
7-24 were appointed by the commissioners of the Commission on Law
7-25 Enforcement Officer Standards and Education expire on the effective
7-26 date of this Act.
7-27 (b) As soon as possible after the effective date of this
8-1 Act, the director of the Texas Engineering Extension Service of The
8-2 Texas A&M University System shall appoint new members to the board,
8-3 in accordance with Section 88.553, Education Code, as added by this
8-4 Act, to terms expiring February 1, 1995.
8-5 SECTION 8. On the effective date of this Act, all powers,
8-6 duties, and obligations relating to the Law Enforcement Management
8-7 Institute are transferred from the Commission on Law Enforcement
8-8 Officer Standards and Education to the Texas Engineering Extension
8-9 Service of The Texas A&M University System. All property in the
8-10 custody of the commission and the original or a copy of any record
8-11 that relates to the institute is transferred to the extension
8-12 service. All unexpended appropriations to the commission for the
8-13 operation of the institute and all employees of the commission
8-14 employed primarily in the operation of the institute are
8-15 transferred to the extension service. 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 extension service unless superseded by the director of the
8-19 extension service.
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.