By Allen, Turner of Coleman, Cook                      H.B. No. 184
       74R744 PEP-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to membership and continuing education requirements of the
    1-3  Texas Commission on Law Enforcement Officer Standards and
    1-4  Education.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Sections 415.004(b) and (c), Government Code, are
    1-7  amended to read as follows:
    1-8        (b)  Three members must be a sheriff, constable, or chief of
    1-9  police.  Three members must be persons licensed under this chapter,
   1-10  two of whom must be peace officers who when appointed hold
   1-11  nonsupervisory positions with a law enforcement agency.  A licensed
   1-12  member must have been licensed for the five consecutive years
   1-13  preceding the date of the member's appointment.  Three members must
   1-14  be members of the general public.  A public member may include a
   1-15  county or municipal official.
   1-16        (c)  Appointed members serve staggered six-year terms, with
   1-17  the terms of three members, one of whom must be a public member,
   1-18  expiring on August 30 of each odd-numbered year.
   1-19        SECTION 2.  Sections 415.034(a), (b), and (f), Government
   1-20  Code, are amended to read as follows:
   1-21        (a)  The commission shall recognize, prepare, or administer
   1-22  continuing education programs for officers and county jailers that
   1-23  are consistent with the officers' and jailers' duties.  The
   1-24  commission shall annually prepare and, on request, provide to a
    2-1  state, county, special district, or municipal agency that appoints
    2-2  or employs officers or jailers a list of continuing education
    2-3  programs the commission determines are consistent or inconsistent
    2-4  with the duties of specified officers and jailers.
    2-5        (b)  The commission shall require a state, county, special
    2-6  district, or municipal agency that appoints or employs peace
    2-7  officers to provide each peace officer with a training program
    2-8  every 24 months.  The course must:
    2-9              (1)  be approved by the commission; and
   2-10              (2)  unless determined by the commission under
   2-11  Subsection (a) to be inconsistent with the officer's duties,
   2-12  include education and training in:
   2-13                    (A)  civil rights, racial sensitivity, and
   2-14  cultural diversity; and
   2-15                    (B)  the recognition of cases that involve the
   2-16  following:
   2-17                          (i)  child abuse;
   2-18                          (ii)  child neglect;
   2-19                          (iii)  family violence; and
   2-20                          (iv)  sexual assault.
   2-21        (f)  The commission may require a state, county, special
   2-22  district, or municipal agency that appoints or employs a reserve
   2-23  law enforcement officer, county jailer, or public security officer
   2-24  to provide <each of those individuals with> education and training
   2-25  in civil rights, racial sensitivity, and cultural diversity every
   2-26  24 months for each officer or jailer whose duties are consistent
   2-27  with that education and training.
    3-1        SECTION 3.  On the effective date of this Act, the term of
    3-2  each appointed member of the Commission on Law Enforcement Officer
    3-3  Standards and Education expires.  In making the initial
    3-4  appointments of the successor members, the governor shall designate
    3-5  three members, including one public member, for terms expiring on
    3-6  August 30, 1997, three members, including one public member, for
    3-7  terms expiring August 30, 1999, and three members, including one
    3-8  public member, for terms expiring August 30, 2001.
    3-9        SECTION 4.  (a)  The Commission on Law Enforcement Officer
   3-10  Standards and Education shall prepare the initial list of
   3-11  continuing education programs required by Section 2 of this Act not
   3-12  later than January 1, 1996.
   3-13        (b)  The change in law made by Section 2 of this Act applies
   3-14  to officers and jailers who participate in a continuing education
   3-15  program required by Subchapter B, Chapter 415, Government Code, as
   3-16  amended by this Act, on or after January 1, 1996.
   3-17        SECTION 5.  This Act takes effect August 30, 1995.
   3-18        SECTION 6.  The importance of this legislation and the
   3-19  crowded condition of the calendars in both houses create an
   3-20  emergency and an imperative public necessity that the
   3-21  constitutional rule requiring bills to be read on three several
   3-22  days in each house be suspended, and this rule is hereby suspended.