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.