By:  Moncrief                                         S.B. No. 1122
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to certain records maintained by the Commission on Law
    1-2  Enforcement Officer Standards and Education.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (b), Section 415.051, Government Code,
    1-5  is amended to read as follows:
    1-6        (b)  A person who appoints an officer or county jailer
    1-7  licensed by the commission shall notify the commission not later
    1-8  than the 30th day after the date of the appointment.  If the person
    1-9  appointed previously served as an officer or county jailer and is
   1-10  appointed after the 180th day after the date that the person last
   1-11  served as an officer or county jailer, the agency must have the
   1-12  following on file and readily accessible to the commission <include
   1-13  with its report under this subsection>:
   1-14              (1)  a new criminal history check;
   1-15              (2)  a new declaration of psychological and emotional
   1-16  health and lack of drug dependency or illegal drug use; and
   1-17              (3)  two completed fingerprint cards.
   1-18        SECTION 2.  Subsection (b), Section 415.057, Government Code,
   1-19  is amended to read as follows:
   1-20        (b)  The agency hiring the person desiring to be licensed as
   1-21  an officer or county jailer shall select the examining physician
   1-22  and the examining psychologist or psychiatrist.  The agency shall
   1-23  prepare a report <send a copy> of each of the declarations and <to
    2-1  the commission with the person's licensing application.  The
    2-2  commission> shall keep a <the> copy of the report on file in a
    2-3  format readily accessible to the commission.  A declaration is not
    2-4  public information.
    2-5        SECTION 3.  Section 415.063, Government Code, is amended to
    2-6  read as follows:
    2-7        Sec. 415.063.  Records.  <(a)>  The commission shall have
    2-8  access to <maintain> records maintained <submitted> under Sections
    2-9  415.051, 415.054, and 415.057, by agencies hiring a person to be an
   2-10  officer or county jailer including records that relate to age,
   2-11  education, physical standards, citizenship, good moral character,
   2-12  experience, and other matters relating to competence and
   2-13  reliability, as evidence of qualification for licensing of an
   2-14  officer or county jailer.
   2-15        <(b)  Except as provided by Section 415.051(b), if the
   2-16  commission has on record evidence of fulfillment of licensing
   2-17  qualifications of an officer or county jailer, the officer or
   2-18  county jailer may not be required to submit duplicate records on
   2-19  appointment by another law enforcement agency.>
   2-20        SECTION 4.  This Act takes effect September 1, 1995.
   2-21        SECTION 5.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended.