BILL ANALYSIS
S.B. 881
By: Gallegos
Criminal Justice
05-10-95
Committee Report (Amended)
BACKGROUND
Currently, state law does not explicitly allow the Commission on
Law Enforcement Officer Standards and Education to conduct
investigations of a person or law enforcement agency covered by
Chapter 415, Government Code. As a result, the commission is
limited in its ability to investigate officers who are working
without a license. If the commission does receive a complaint, and
conducts an investigation, any criminal violations which may be
uncovered must be turned over to local law enforcement, and the
commission may not continue the investigation.
PURPOSE
As proposed, S.B. 881 authorizes the Commission on Law Enforcement
Officer Standards and Education to employ investigative officers
and commission those officers as peace officers.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to Commission on Law Enforcement Officer Standards and Education in
SECTION 4 (Section 415.060(b), Government Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 415.009(c), Government Code, to provide
that the Texas Commission on Law Enforcement Officer Standards and
Education (commission) is subject to the open meetings law, Chapter
551, and the administrative procedure law, Chapter 2001. Makes
nonsubstantive changes.
SECTION 2. Amends Chapter 415A, Government Code, by adding Sections
415.016 and 415.017, as follows:
Sec. 415.016. INVESTIGATIVE OFFICERS. Authorizes the
Commission on Law Enforcement Officer Standards and Education
(commission) to employ investigative officers to enforce this
chapter and to commission the officers as peace officers.
Requires the officer, before issuance of a commission to an
officer under this section, to take an oath of office for the
faithful performance of the officer's duties and to make and
execute a bond as required by the commission. Authorizes an
officer commissioned under this section to conduct an
investigation related to the enforcement of this chapter and
in connection with that investigation, to take a statement
under oath or affirmation.
Sec. 415.017. INVESTIGATIONS; REMEDIES. (a) Authorizes the
commission to conduct an investigation of the records of a
person or a law enforcement agency covered by this chapter if
the commission receives information alleging that the person
or agency violated this chapter or a rule adopted under this
chapter. Provides that during the investigation, the
commission is entitled to access to the information held by a
law enforcement agency.
(b) Sets forth the authorized actions of the commission for
the purpose of an investigation.
(c) Authorizes a subpoena issued by the commission to be
served and is enforceable throughout the state. Authorizes
the commission to petition a district court of Travis County
or a district court of the county in which the person on
whom the subpoena was served is located to enforce the
subpoena. Requires the court to give preference to an
action brought under this subsection in setting its docket
and, if it finds that good cause exists for the issuance of
the subpoena, to order the person's compliance with the
requirements of the subpoena.
(d) Authorizes the commission, if a person refuses to
testify or produce evidence on the ground that it may
incriminate the person under law of this state, to compel
the person to testify or produce evidence, to the extent
constitutionally permissible.
(e) Authorizes the commission to petition a district court
to enjoin a violation of this chapter. Requires the action
to be brought in district court in Travis County. Requires
the court to give preference to an action brought under this
subsection in setting its docket. Prohibits the court from
requiring the commission to allege or prove that an adequate
remedy at law does not exist or that the substantial or
irreparable damage will result from a continued violation.
Provides that the commission is not required to give an
appeal bond in an action arising under this section.
Authorizes the commission to be represented by the attorney
general or by a district or county attorney.
(f) Provides that an action brought under this section is
in addition to any other remedy provided by law.
SECTION 3. Amends Section 415.058, Government Code, as follows:
Sec. 415.058. New heading: FELONY CONVICTION OR PLACEMENT ON
COMMUNITY SUPERVISION. (a) Prohibits the commission from
licensing and a law enforcement agency from appointing or
employing a person convicted of a felony. Requires the
commission to immediately revoke the person's license if a
person licensed under this chapter is convicted of a felony.
Makes conforming changes.
(b) Requires the commission to immediately suspend the
person's license regardless of whether the court defers
further proceedings without entering an adjudication of
guilt if a person licensed under this chapter is charged
with the commission of a felony and is placed on community
supervision.
(c) Redesignated from existing Subsection (b). Makes a
conforming change.
(d) Requires the commission, on receiving a certified copy
of a court's judgment under Article 42.011, Code of Criminal
Procedure, to note on the person's licensing records the
conviction or community supervision indicated by the
judgment.
SECTION 4. Amends Section 415.060(b), Government Code, to authorize
the commission, by rule, to provide for any necessary enforcement
procedures regarding revocation or suspension of a license.
Authorizes the license to be reinstated under commission rules,
when a person whose license is suspended is released from community
supervision.
SECTION 5. Amends Section 415.061(a), Government Code, to make a
conforming change.
SECTION 6. Amends Section 415.065, Government Code, to provide that
a person commits a state jail felony if the person knowingly
appoints or retains an individual as an officer, or county jailer
in violation of Section 415.058 or 415.0581. Makes conforming
changes.
SECTION 7. Amends Article 2.12, Code of Criminal Procedure, to add
an officer commissioned by the commission under Section 415.016,
Government Code, to the list of persons who are considered peace
officers.
SECTION 8. Amends Chapter 42, Code of Criminal Procedure, by adding
Article 42.011, as follows:
Sec. 42.011. JUDGMENT AFFECTING AN OFFICER OR JAILER.
Requires the clerk of the court to send the commission the
license number of a person and a certified copy of the court's
judgment reflecting that a person has been convicted or placed
on community supervision if a person licensed under Chapter
415, Government Code, is charged with the commission of a
felony and a court that knows the person is licensed under
that chapter convicts the person or places the person on
community supervision.
SECTION 9. Makes application of Sections 415.016 and 415.017,
Government Code, as added by this Act, prospective.
SECTION 10. Makes application of Sections 415.058 and
415.060(b), Government Code, as amended by this Act, prospective.
SECTION 11. Makes application of Sections 415.058 and
415.060(b), Government Code, as amended by this Act, prospective
beginning September 1, 1995.
SECTION 12. Makes application of Section 415.065, Government
Code, as amended by this Act, prospective.
SECTION 13. Effective date: September 1, 1995.
SECTION 14. Emergency clause.