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.