BILL ANALYSIS


                                                    C.S.S.B. 1135
                                                        By: Madla
                                                 Criminal Justice
                                                           5-1-95
                                   Committee Report (Substituted)
BACKGROUND

Currently, all peace officers are required to receive 40 hours of
approved training every 24 months.  Each legislative session, the
curriculum requirements are added to the law that dictates certain
subject areas for peace officers' continuing education.  The
Commission on Law Enforcement Officer Standards and Education
funding has not always been adequate to administer the mandated
training and law enforcement agencies are experiencing fiscal
difficulties in providing the mandated training.  

PURPOSE

As proposed, C.S.S.B. 1135 limits the number of training hours that
can be used on legislatively mandated training topics.  Provides
that not less than 20 hours of continuing education training will
be on topics selected by the agency head.  This allows agencies to
focus on training topics that reflect the officer's assigned duties
and the needs of that region of the state.  C.S.S.B. 1135 also adds
$2 to the fines that are currently collected for the Commission on
Law Enforcement Officer Standards and Education.  This money will
be used by local agencies for continuing education.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Law Enforcement Training and Education Advisory Board in
Section 4 (Sections 415.039(b) and (c), Government Code) of this
bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 415.032(a), Government Code, as follows:

     (a)  Requires, rather than authorizes, the Commission on Law
     Enforcement Officer Standards and Education (commission) to
     establish minimum curriculum requirements for preparatory, in-service, and advanced courses and programs for schools subject
     to approval under Section 415.031(b)(1).
     
SECTION 2.  Amends Sections 415.034(b) and (c), Government Code, as
follows:

     (b)  Prohibits the course from exceeding 40 hours.  Requires
     not less than 20 hours of the instruction to be on topics
     selected by the agency.
     
     (c)  Sets forth the required provisions of the course.
     
SECTION 3. Amends Chapter 415C, Government Code, by adding Section
415.0635, as follows:

     Sec. 415.0635.  EMPLOYMENT HISTORY RECORDS.  (a)  Requires the
     head of a law enforcement agency (agency) to submit a report
     to the commission on a form developed by the commission if a
     person licensed under this chapter resigns from the employment
     of the agency, or a person's appointment is terminated from
     that agency.
     
     (b)  Requires the head of the agency from which a person
       resigns or is terminated to provide the person who is the
       subject of the report with a copy of the report.  Authorizes
       the person to submit a written statement to the commission
       to contest or explain any matters contained in the report.
       
       (c)  Requires the head of the agency or a designee to
       contact the commission to determine whether the commission
       has employment history records on that person under this
       section.  Provides that this subsection does not authorize
       the commission to release information concerning the records
       other than whether the records exist.  Prohibits a law
       enforcement agency from using a determination made under
       this subsection to affect the person's eligibility for
       employment with the agency.
       
       (d)  Requires the commission to maintain copies of reports
       and written statements submitted to the commission under
       this section for at least 10 years.
       
       (e)  Provides that a report or statement under this section
       is confidential and exempt from disclosure.
       
       (f)  Prohibits a member of the commission or other person
       from releasing the contents of a report or statement under
       this section.  Sets forth the conditions to which a report
       or statement under this section may be released.
       
       (g)  Provides that a report or statement is subject to
       subpoena only in a judicial proceeding.
       
       (h)  Provides that the commission is not liable for civil
       damages for providing the information contained in a report
       or statement maintained by the commission if the commission
       followed all of the procedures in Subsection (e).  Provides
       that an agency, agency head, or other law enforcement
       official is not liable for civil damages for a report made
       by that agency or person if the report is made in good
       faith.
       
       (i)  Provides that this section does not authorize the
       commission to review any disciplinary action taken by an
       agency against a person licensed under this chapter or to
       issue a subpoena to compel the production of any document
       prepared or maintained by the agency in connection with a
       disciplinary matter.
       
SECTION 4. Amends Section 415.082(a), Government Code, to require
a person convicted of a criminal offense to pay as court costs
$3.50, rather than $1.50, in addition to other taxable court costs. 
Sets forth the distribution schedule of the costs collected under
this subsection.

SECTION 5. Amends Chapter 415D, Government Code, by adding Section
415.0845, as follows:

     Sec. 415.0845.  MONEY ALLOCATED AND USED FOR CONTINUING
     EDUCATION.  (a)  Sets forth the method of calculation of the
     continuing education account which the comptroller is required
     to allocate money deposited during the preceding calendar year
     in the state treasury to the credit of the law enforcement
     officer standards and education fund.
     
     (b)  Requires the head of an agency to maintain a complete
       and detailed written record of all money received and
       expended by the agency.  Provides that all money received
       under this section is subject to audit by the comptroller. 
       Provides that all money spent under this section is subject
       to audit the state auditor.
       
       (c)  Requires a local agency to use money received under
       Subsection (a) only as necessary to ensure the continuing
       education of persons licensed under this chapter or to
       provide necessary training, to full-time fully paid law
       enforcement support personnel in the agency.
       
       (d)  Prohibits a local agency from using money received
       under Subsection (a) to replace funds that are provided to
       the agency by the county or municipality having jurisdiction
       over the agency on a recurring basis for training law
       enforcement officers and support personnel.
       
       (e)  Requires a county or municipality that has a law
       enforcement agency that employs persons licensed under this
       chapter to conduct an annual audit of the agency over which
       the county or municipality has jurisdiction and to send the
       results to the comptroller within 90 days of the completion
       of the audit.
       
SECTION 6. Requires the Sunset Advisory Commission (SAC) to study
and determine the feasibility, costs, and benefits of establishing
regional academies, operated and funded by the state, to provide
prepatory, in-service, and advanced courses and continuing
education programs for officers and county jailers subject to the
education and training requirements of Chapter 415, Government
Code.  Requires SAC to submit its findings to the governor and the
75th Legislature.  Provides that this section expires September 1,
1997.

SECTION 7. (a)  Makes application of Section 415.082, Government
Code, as amended by this Act, prospective.

     (b)  Makes application of this Act prospective.
SECTION 8. Effective date: September 1, 1995.

SECTION 9. Emergency clause.