BILL ANALYSIS



H.B. 1650
By: Stiles
5-3-95
Committee Report (Amended)


BACKGROUND

The 73rd Legislature passed S.J.R. 18, which was subsequently
approved by the voters and authorizes the Legislature to prescribe
qualifications for persons holding the office of sheriff.  Enabling
legislation which was also passed provided minimum requirements for
that office.  The requirements are that the person have a high
school diploma or equivalency certificate and be eligible to be
licensed under Section 415.058 and 415.059, Government Code. 
Section 415.058 disqualifies a person from being licensed as an
officer or county jailer because of a felony conviction.  Section
415.059 sets an age requirement of 21 years of age to become a
licensed peace officer, except a person age 18 can also be licensed
if he or she has completed and received credit for 60 hours of
college courses or received an honorable discharge from the U.S.
armed forces after two years of service.

In addition, Chapter 415 of the Government Code provides
requirements for licensure as a peace officer which includes
training, examination, a declaration of satisfactory psychological
and emotional health including being free of drug dependency and
illegal drug use, and weapons proficiency.  The Commission on Law
Enforcement Officer Standards and Education is the state agency
responsible for licensure.

Section 415.053, Government Code, requires a person elected to the
office of sheriff to be licensed by the Commission not later than
two years from the date the person takes office.

PURPOSE

This bill would add to the current requirements for persons holding
the office of sheriff by requiring the person to have completed the
training required for licensing as a peace officer under Chapter
415, Government Code.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 85.0011, Local Government Code to require
a person serving as a sheriff to have completed the training
required for licensing as a peace officer under Chapter 415,
Government Code.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Emergency clause.


EXPLANATION OF AMENDMENTS

Committee amendment #1 makes the training requirement apply only to
counties with a population of more than 10,000.


SUMMARY OF COMMITTEE ACTION

HB 1650 was considered by the County Affairs Committee in a public
hearing on 5/3/95. The following person testified for HB 1650: Dan
Smith, representing himself and the Sheriff's Association
Legislative Committee. HB 1650 was left pending. HB 1650 was
considered as pending business later in the meeting. The committee
considered one amendment. The amendment was adopted without
objection. HB 1650 was reported favorably, as amended, with the
recommendation that it do pass and be printed, by the record vote
of 6 ayes, 0 nays, 0 pnv, 3 absent.