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.