BILL ANALYSIS C.S.H.B. 184 By: Allen 04-26-95 Committee Report (Substituted) BACKGROUND Currently the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) is required to prepare and administer continuing education requirements for local law enforcement officers. It has been found by the commission that some mandated training is not consistent with the duties of some law enforcement officers. PURPOSE H.B. 184 proposes to allow some discretion by the commission when administrating continuing education for law enforcement officers. The bill also proposes to allow one of the public members of the commission to be a county or municipal official who could exercise oversight for agencies who employ the majority of peace officers and which fund mandatory continuing education. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS Section 1. Sections 415.004 (b) and (c), Government Code, are amended as follows: Subsection (b) Allows a public member to be a county or municipal official. Subsection (c) The terms of three members of the commission, one of whom must be a public member, expires on August 30 of each odd numbered year. Section 2. Sections 415.034 (a), (b), and (f), Government Code, are amended as follows: Subsection (a) is amended by adding language that requires TCLEOSE to recognize, prepare, or administer continuing education and training for officers and county jailers consistent with their particular duties. The commission shall also prepare annually a list of continuing education and training programs that are consistent or inconsistent with their particular duties. Subsection (b) is amended by changing the time frame for providing a peace officer with a training program from 24 months to not later than 24 months from the time the officer was appointed or employed. Subsection (f) is amended to allow the commission to require education and training programs for officers or jailers. A program provided for must be included in the list mentioned in Subsection (a) and be consistent with the duties of an officer or jailer. The commission may require education and training programs to be given at such fixed periodic times as to maintain familiarity with the subject matter. Section 3. On the effective date of this act the terms of all TCLEOSE appointees expires. The governor shall appoint 3 members (one being public) with terms expiring August 30, 1997, 3 members (one being public) with terms expiring August 30, 1999, and 3 members (one being public) with terms expiring August 30, 2001. Section 4. The list required by Section 2 must be prepared no later than January 1, 1996. Section 5. Effective date: August 30, 1995. Section 6. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE In Section 415.034(a) the words "and training" are added between the words "education" and "programs" in the first sentence of Subsection (a) in the substitute. The words "and training" are added again in this subsection between the words "education" and "programs" in the second sentence. In Section 415.034(b) the word "every" is deleted before the words "24 months" in the substitute and is replaced with the words "not later than." After the words "24 months", the phrase "after the date on which the officer is initially appointed or employed" is added. In Section 415.034(f) the phrase "in civil rights, racial sensitivity, and cultural diversity every 24 months" is deleted in the substitute. In the first sentence of this section, the words "peace officer" are added, and the phrase "programs for the officers or jailers," is added in the substitute. Beginning with the second sentence of this section, language is added in the substitute that prescribes how education and training will be administered in relation to an officer or jailers duties. SUMMARY OF COMMITTEE ACTION H.B. 184 was considered by the committee in a public hearing on March 7, 1995. The following person testified for the bill: Sheriff Dan Smith, representing the Sheriff's association Legislative Committee. The following person testified against the bill: Mark Clark, representing the Combined Law Enforcement Associations of Texas. The bill was referred to a subcommittee consisting of Representatives Bailey, Allen, and Carter. The committee considered a complete substitute for the bill in a public hearing on March 7, 1995. The substitute was adopted without objection. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.