By Stiles H.B. No. 2899
74R2882 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Commission on Law Enforcement Officer Standards and
1-3 Education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 415.004(b), Government Code, is amended
1-6 to read as follows:
1-7 (b) Of the commission members:
1-8 (1) three must be chiefs of police with one each from
1-9 a municipality with a population of:
1-10 (A) 250,000 or more;
1-11 (B) 20,000 or more and less than 250,000; and
1-12 (C) less than 20,000;
1-13 (2) two must be sheriffs with one each from a county
1-14 with a population of:
1-15 (A) 200,000 or more; and
1-16 (B) less than 200,000;
1-17 (3) one must be the head of a state law enforcement
1-18 agency;
1-19 (4) one must be a constable;
1-20 (5) one must be <Three members must be a sheriff,
1-21 constable, or chief of police. Three members must be persons>
1-22 licensed under this chapter and<, two of whom must be peace
1-23 officers who> when appointed must hold a nonsupervisory position
1-24 <positions> with a law enforcement agency and<. A licensed member
2-1 must> have been licensed for the five consecutive years preceding
2-2 the date of the member's appointment; and
2-3 (6) one must be a member<. Three members must be
2-4 members> of the general public.
2-5 SECTION 2. Section 415.032, Government Code, is amended to
2-6 read as follows:
2-7 Sec. 415.032. CURRICULUM. (a) The commission shall <may>
2-8 establish minimum curriculum requirements for preparatory,
2-9 in-service, and advanced courses and programs for schools subject
2-10 to approval under Section 415.031(b)(1).
2-11 (b) In establishing requirements under this section, the
2-12 commission shall include the specific curriculum required by any
2-13 statute in effect at the time the requirement is imposed. A
2-14 statute that specifies curriculum to be required under this section
2-15 expires on the fourth anniversary of the date on which it takes
2-16 effect.
2-17 (c) As part of the minimum curriculum requirements, the
2-18 commission shall require courses and programs to provide training
2-19 in the investigation of cases that involve the following:
2-20 (1) child abuse;
2-21 (2) child neglect;
2-22 (3) family violence; and
2-23 (4) sexual assault.
2-24 (d) <(c)> As part of the minimum curriculum requirements,
2-25 the commission shall establish a statewide comprehensive education
2-26 and training program on civil rights, racial sensitivity, and
2-27 cultural diversity for individuals licensed under this chapter.
3-1 (e) This subsection and Subsections (c) and (d) expire
3-2 September 1, 1999.
3-3 SECTION 3. Section 415.034, Government Code, is amended by
3-4 amending Subsections (a) and (c) and adding Subsection (g) to read
3-5 as follows:
3-6 (a) The commission shall recognize, prepare, or administer
3-7 continuing education programs for officers and county jailers. In
3-8 establishing requirements for continuing education under this
3-9 section, the commission shall include programs required by any
3-10 statute in effect at the time the requirement is imposed. A
3-11 statute that specifies programs to be required under this section
3-12 expires on the fourth anniversary of the date on which it takes
3-13 effect.
3-14 (c) The course provided under Subsection (b) may not exceed
3-15 40 hours. Not less than 20 hours of the instruction must be on
3-16 topics selected by the agency that appoints or employs the peace
3-17 officer.
3-18 (g) This subsection and Subsections (c) and (f) expire
3-19 September 1, 1999.
3-20 SECTION 4. Subchapter B, Chapter 415, Government Code, is
3-21 amended by adding Sections 415.038 and 415.039 to read as follows:
3-22 Sec. 415.038. TRAINING AND EDUCATION ADVISORY BOARD.
3-23 (a) The law enforcement officer training and education advisory
3-24 board is created.
3-25 (b) The board is composed of nine members. Each member of
3-26 the commission shall appoint one member to serve on the board. A
3-27 member appointed to the board must, at the time of appointment,
4-1 serve as the head of a law enforcement agency. In making
4-2 appointments under this subsection, the commission members shall
4-3 appoint persons who reasonably represent the composition of the law
4-4 enforcement workforce in this state.
4-5 (c) A representative appointed to the board serves at the
4-6 pleasure of the commission member who appointed that
4-7 representative.
4-8 (d) The board is subject to Chapter 551.
4-9 (e) A member of the board may not receive compensation for
4-10 serving on the board except for the per diem set by the legislature
4-11 for each day that the member performs functions as a member of the
4-12 board. A member is not entitled to reimbursement for travel
4-13 expenses other than transportation expenses. The reimbursement is
4-14 as provided by the General Appropriations Act.
4-15 (f) The commission shall provide the board with staff as
4-16 needed to perform board functions.
4-17 Sec. 415.039. GENERAL POWERS AND DUTIES OF ADVISORY BOARD.
4-18 (a) The law enforcement officer training and education advisory
4-19 board shall meet at least quarterly. The board may meet at other
4-20 times as provided by the rules of the board.
4-21 (b) The board may adopt rules for its own procedures.
4-22 (c) The board by rule shall develop a process to evaluate
4-23 the needs of officers and county jailers licensed under this
4-24 chapter for preparatory, in-service, and advanced courses and
4-25 continuing education programs.
4-26 (d) Not later than the first day of October in each calendar
4-27 year, the board shall present to the commission a written
5-1 evaluation of the needs described by Subsection (c) and shall
5-2 submit to the commission recommendations for education and training
5-3 based on that evaluation. The board shall include in the
5-4 recommendations a minimum number of hours of continuing education
5-5 required for a person to maintain a license under this chapter. An
5-6 evaluation presented to the commission under this subsection must
5-7 include an analysis of the fiscal impact that implementation of any
5-8 specified recommendation would have on law enforcement agencies
5-9 throughout the state.
5-10 (e) During each legislative session, the board shall monitor
5-11 proposed legislation affecting the education and training
5-12 requirements for persons licensed under this chapter. The board
5-13 shall prepare and present to the author of any legislation that is
5-14 filed a written analysis of the advisability and fiscal impact of
5-15 the legislation.
5-16 SECTION 5. Section 415.060, Government Code, is amended by
5-17 adding Subsection (d) to read as follows:
5-18 (d) For purposes of a hearing under this section, the
5-19 commission is exempt from Chapter 2001. The commission shall
5-20 establish procedures to ensure that a person entitled to a hearing
5-21 under this section is afforded appropriate due process as required
5-22 by the federal constitution.
5-23 SECTION 6. Subchapter C, Chapter 415, Government Code, is
5-24 amended by adding Section 415.0635 to read as follows:
5-25 Sec. 415.0635. EMPLOYMENT HISTORY RECORDS. (a) If a person
5-26 licensed under this chapter resigns from the employment of a law
5-27 enforcement agency or if a person's appointment with a law
6-1 enforcement agency is terminated for any reason, the head of the
6-2 law enforcement agency shall submit a report to the commission on a
6-3 form developed by the commission for this purpose. The head of the
6-4 law enforcement agency shall include in the report an explanation
6-5 of the circumstances under which the person resigned or was
6-6 terminated.
6-7 (b) The head of the law enforcement agency from which a
6-8 person resigns or is terminated shall provide the person who is the
6-9 subject of the report with a copy of the report. The person may
6-10 submit a written statement to the commission to contest or explain
6-11 any matters contained in the report.
6-12 (c) The commission shall maintain copies of reports and
6-13 written statements submitted to the commission under this section
6-14 for at least 10 years after the date on which the report is
6-15 submitted.
6-16 (d) A report or statement under this section is confidential
6-17 and is exempt from disclosure under Chapter 552.
6-18 (e) Except as provided by this subsection, a member of the
6-19 commission or other person may not release the contents of a report
6-20 or statement under this section. A report or statement under this
6-21 section may be released only:
6-22 (1) by the person employed by the commission who has a
6-23 responsibility to keep the reports and statements;
6-24 (2) if the head of a law enforcement agency or the
6-25 agency head's designee requests the information in writing, over
6-26 the person's signature, and on the agency's letterhead; and
6-27 (3) if the person who is the subject of the report
7-1 authorizes that release by sworn statement on a form supplied by
7-2 the commission.
7-3 (f) A report or statement under this section is subject to
7-4 subpoena only in a judicial proceeding.
7-5 (g) The commission is not liable for civil damages for
7-6 providing the information contained in a report or statement
7-7 maintained by the commission under this section if the commission
7-8 followed all of the procedures in Subsection (e). A law
7-9 enforcement agency, agency head, or other law enforcement official
7-10 is not liable for civil damages for a report made by that agency or
7-11 person if the report is made in good faith.
7-12 (h) This section does not authorize the commission to review
7-13 any disciplinary action taken by a law enforcement agency against a
7-14 person licensed under this chapter or to issue a subpoena to compel
7-15 the production of any document prepared or maintained by the agency
7-16 in connection with a disciplinary matter.
7-17 SECTION 7. Section 415.082(a), Government Code, is amended
7-18 to read as follows:
7-19 (a) A person convicted of a criminal offense shall pay as
7-20 court costs $1.50 in addition to other taxable court costs. These
7-21 additional court costs shall be collected in the same manner that
7-22 other fines or court costs in the case are collected. Subject to
7-23 amounts retained under Section 415.083(d), $1 of those costs shall
7-24 be deposited in a special account created in the state treasury in
7-25 the general revenue fund to be known as the law enforcement officer
7-26 standards and education administrative expense and continuing
7-27 education account <the credit of the law enforcement officer
8-1 standards and education fund>, and 50 cents shall be deposited in
8-2 the state treasury to the credit of the Bill Blackwood Law
8-3 Enforcement Management Institute of Texas fund established under
8-4 Section 96.64(1), Education Code.
8-5 SECTION 8. Section 415.084, Government Code, is amended to
8-6 read as follows:
8-7 Sec. 415.084. ADMINISTRATIVE EXPENSE AND CONTINUING
8-8 EDUCATION ACCOUNT <EXPENDITURE>. (a) On requisition of the
8-9 commission, the comptroller shall draw a warrant on the state
8-10 treasury for the amount specified in the requisition, except that
8-11 the warrant may not exceed the amount in the law enforcement
8-12 officer standards and education administrative expense and
8-13 continuing education account <fund>.
8-14 (b) Money expended by the commission in the administration
8-15 of this chapter and in performing other commission duties
8-16 prescribed by law shall be specified and determined only by
8-17 itemized appropriation in the General Appropriations Act for the
8-18 commission.
8-19 (c) Section 403.095 does not apply to the law enforcement
8-20 officer standards and education administrative expense and
8-21 continuing education account <Money remaining in the law
8-22 enforcement officer standards and education fund at the end of the
8-23 state fiscal year, except funds appropriated to the commission,
8-24 shall be transferred to the general revenue fund>.
8-25 SECTION 9. The Sunset Advisory Commission shall study and
8-26 determine the feasibility, costs, and benefits of establishing
8-27 regional academies, operated and funded by the state, to provide
9-1 preparatory, in-service, and advanced courses and continuing
9-2 education programs for officers and county jailers subject to the
9-3 education and training requirements of Chapter 415, Government
9-4 Code, as amended by this Act. The Sunset Advisory Commission shall
9-5 include in the report presented to the 75th Legislature and to the
9-6 governor under Section 325.010, Government Code, findings and
9-7 recommendations based on the study conducted under this section.
9-8 This section expires September 1, 1997.
9-9 SECTION 10. The changes in law made by this Act relating to
9-10 the qualifications for members of the Commission on Law Enforcement
9-11 Officer Standards and Education do not affect the entitlement of a
9-12 member of the commission serving immediately before the effective
9-13 date of this Act to continue to serve on the commission for the
9-14 term to which the member was appointed. As the terms of members of
9-15 the commission expire or as vacancies on the commission occur, the
9-16 governor shall make appointments to the commission to achieve as
9-17 soon as possible the membership plan prescribed for the commission
9-18 by Section 415.004, Government Code, as amended by this Act.
9-19 SECTION 11. (a) The change in law made by this Act to
9-20 Section 415.082, Government Code, applies only to an offense
9-21 committed on or after the effective date of this Act. For
9-22 purposes of this section, an offense is committed before the
9-23 effective date of this Act if any element of the offense occurs
9-24 before that date.
9-25 (b) An offense committed before the effective date of this
9-26 Act is covered by the law in effect when the offense was committed,
9-27 and the former law is continued in effect for this purpose.
10-1 SECTION 12. The Commission on Law Enforcement Officer
10-2 Standards and Education shall establish the procedures required by
10-3 Section 415.060, Government Code, as amended by this Act, not later
10-4 than January 1, 1996. Until the procedures are adopted, the
10-5 commission shall continue to comply with the procedures of Chapter
10-6 2001, Government Code.
10-7 SECTION 13. This Act takes effect September 1, 1995.
10-8 SECTION 14. The importance of this legislation and the
10-9 crowded condition of the calendars in both houses create an
10-10 emergency and an imperative public necessity that the
10-11 constitutional rule requiring bills to be read on three several
10-12 days in each house be suspended, and this rule is hereby suspended.