BILL ANALYSIS



C.S.H.B. 2899
By: Stiles
04-27-95
Committee Report (Substituted)


BACKGROUND

The Commission on Law Enforcement Officers Standards and Education
(TCLEOSE) is charged with licensing law enforcement officers and
setting standards for education and training programs.  The
Commission is governed by a nine member board composed of three
persons who are either a sheriff, constable or chief of police,
three licensed peace officers (two of whom are in nonsupervisory
positions), and three public members.

While the Commission is charged with setting standards for training
programs, the majority of the cost of training is borne by local
law enforcement agencies.  California, which has close to the same
number of officers as Texas (70,000), provides $666.92 per officer
compared to Texas' $22.86.  Florida, with over 37,000 officers,
provides $246.74 per officer while Illinois, with 32,000 officers,
provides $352.79 per officer.

The Commission is currently funded by a $1.00 fee on criminal
convictions.  However, only 46 cents has been appropriated by the
legislature for the agency.  There is no funding provided to local
law enforcement agencies to provide education and training for
officers.

PURPOSE

This bill adds $2.00 to the fee on criminal convictions to be used
by local law enforcement agencies for officer training, and
provides a mechanism by which law enforcement agencies can contact
TCLEOSE regarding new applicants.  In addition, the bill gives the
Commission the responsibility for establishing minimum curriculum
requirements for basic training and allows the local department
head to choose classes appropriate for the area, and allows an
officer (such as one whose responsibilities are traffic control) to
be exempt from certain legislatively mandated training courses.

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. Amends Section 415.032(a), Government Code.

(a) Requires the Commission to establish minimum curriculum
requirements for basic and advanced training.

SECTION 2. Amends Section 415.034(b) and (c), Government Code.

(b) Provides that not less than 20 hours of continuing education
must be on topics selected by the local agency.

(c) Allows agency heads to waive certain training topics if the
topics are inconsistent with the officer's assigned duties.

SECTION 3. Amends Subchapter C, Chapter 415, Government Code, by
adding Section 415.0635.

Section 415.0635. Requires the head of a law enforcement agency to
provide a report to the commission in the event of termination or
resignation of a person licensed under this chapter; requires the
report to include an explanation of the circumstances; requires the
agency to provide the person with a copy of the report and
authorizes the person to provide a written response; requires the
commission to maintain copies for at least ten years; provides for
confidentiality of the reports and exempts them from disclosure
under Chapter 552; provides for the release of the report if all
parties agree; subjects the report to subpoena only in a judicial
proceeding; exempts the commission from liability if all procedures
were followed; exempts law enforcement agencies and officials from
liability for civil damages if the report was made in good faith;
specifies that the commission is not authorized to review
disciplinary action taken by an agency against a licensee or to
compel by subpoena any document related to a disciplinary matter.

SECTION 4.     Amends Section 415.082(a), Government Code.

(a) Increases the amount currently collected on criminal
convictions by $2.00; allocates the $1 currently collected for
administrative expenses of the commission; allocates $2.00 to the
law enforcement continuing education fund. 

SECTION 5. Amends Subchapter D of Chapter 415, Government Code., by
adding Section 415.0845.

Section 415.0845. Provides an allocation formula for the continuing
education fund for local agencies; requires agency heads to
maintain records of money received and expended; subjects money
received to audit by the comptroller; subjects money expended to
audit by the state auditor; clarifies that the money can be used
only for continuing education for licensed personnel or for
necessary training for full-time law enforcement support personnel;
prohibits the local agency from using funds to replace funds
received by local governments; requires the local government to
audit the law enforcement agency and send the results to the
comptroller.

SECTION 6. Requires the Sunset Commission to study and determine
the feasibility, costs, and benefits of establishing regional
academies to provide educational programs and report to the next
legislature.

SECTION 7. Makes application of this Act prospective; continues
former law for offenses committed before the effective date.

SECTION 8. Effective date:  September 1, 1995.

SECTION 9. Emergency clause.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

H.B. 2899 contained several provisions not included in the
substitute, including:  changing the composition of the Commission,
creation of an advisory committee to evaluate the needs of officers
for courses and education programs and evaluate proposed
legislation, exempting the Commission for hearing procedures under
Chapter 2001 (the Administrative Procedures Act) and requiring the
Commission to establish hearing procedures, and providing a four
year expiration date on continuing education topics.  H.B. 2899
rededicated the $1.00 imposed on criminal convictions to the
Commission and continuing education.  C.S.H.B. 2899 does not
dedicate the $1.00 and adds an additional $2.00 to the fee on
criminal convictions to be used for training programs.

SUMMARY OF COMMITTEE ACTION

H.B. 2899 was considered by the committee in a public hearing on
April 11, 1995.  
The following person testified for the bill:
     Patrick Toombs, representing small law enforcement agencies.
The following person testified on the bill:
     Barbara Childress, representing Texas Commission on Law
Enforcement.
The bill was left pending.
H.B. 2899 was considered by the committee in a formal meeting on
April 25, 1995.
The committee considered a complete substitute for the bill.  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.