S.B. No. 1135
AN ACT
1-1 relating to the Commission on Law Enforcement Officer Standards and
1-2 Education.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 415.032, Government Code,
1-5 is amended to read as follows:
1-6 (a) The commission shall <may> establish minimum curriculum
1-7 requirements for preparatory<, in-service,> and advanced courses
1-8 and programs for schools subject to approval under Section
1-9 415.031(b)(1).
1-10 SECTION 2. Subsections (b) and (c), Section 415.034,
1-11 Government Code, are amended to read as follows:
1-12 (b) The commission shall require a state, county, special
1-13 district, or municipal agency that appoints or employs peace
1-14 officers to provide each peace officer with a training program
1-15 every 24 months. The course may not exceed 40 hours. Not less
1-16 than 20 hours of the instruction must be on topics selected by the
1-17 agency.
1-18 (c) The course provided under Subsection (b) must:
1-19 (1) be approved by the commission; <and>
1-20 (2) include education and training in:
1-21 (A) civil rights, racial sensitivity, and
1-22 cultural diversity; and
1-23 (B) unless determined by the agency head to be
1-24 inconsistent with the officer's assigned duties, the recognition of
2-1 cases that involve the following:
2-2 (i) child abuse;
2-3 (ii) child neglect;
2-4 (iii) family violence; and
2-5 (iv) sexual assault; and
2-6 (3) include other education and training only if
2-7 determined by the agency head to be consistent with the officer's
2-8 assigned duties.
2-9 <(c) The course provided under Subsection (b) may not exceed
2-10 40 hours.>
2-11 SECTION 3. Subchapter C, Chapter 415, Government Code, is
2-12 amended by adding Section 415.0635 to read as follows:
2-13 Sec. 415.0635. EMPLOYMENT HISTORY RECORDS. (a) If a person
2-14 licensed under this chapter resigns from the employment of a law
2-15 enforcement agency or if a person's appointment with a law
2-16 enforcement agency is terminated for any reason, the head of the
2-17 law enforcement agency shall submit a report to the commission on a
2-18 form developed by the commission for this purpose. The head of the
2-19 law enforcement agency shall include in the report an explanation
2-20 of the circumstances under which the person resigned or was
2-21 terminated.
2-22 (b) The head of the law enforcement agency from which a
2-23 person resigns or is terminated shall provide the person who is the
2-24 subject of the report with a copy of the report. The person may
2-25 submit a written statement to the commission to contest or explain
2-26 any matters contained in the report.
2-27 (c) Before a law enforcement agency hires a person licensed
3-1 under this chapter, the head of the agency or the agency head's
3-2 designee shall contact the commission to determine whether the
3-3 commission has employment history records on that person under this
3-4 section. This subsection does not authorize the commission to
3-5 release information concerning the records other than whether the
3-6 records exist. A law enforcement agency may not use a
3-7 determination made under this subsection to affect the person's
3-8 eligibility for employment with the agency.
3-9 (d) The commission shall maintain copies of reports and
3-10 written statements submitted to the commission under this section
3-11 for at least 10 years after the date on which the report is
3-12 submitted.
3-13 (e) A report or statement under this section is confidential
3-14 and is exempt from disclosure under Chapter 552.
3-15 (f) Except as provided by this subsection, a member of the
3-16 commission or other person may not release the contents of a report
3-17 or statement under this section. A report or statement under this
3-18 section may be released only:
3-19 (1) by the person employed by the commission who has a
3-20 responsibility to keep the reports and statements;
3-21 (2) if the head of a law enforcement agency or the
3-22 agency head's designee requests the information in writing, over
3-23 the person's signature, and on the agency's letterhead; and
3-24 (3) if the person who is the subject of the report or
3-25 statement authorizes that release by sworn statement on a form
3-26 supplied by the commission that includes the person's waiver of
3-27 liability regarding an agency head who is responsible for or who
4-1 takes action based on the contents of the report or statement.
4-2 (g) A report or statement under this section is subject to
4-3 subpoena only in a judicial proceeding.
4-4 (h) The commission is not liable for civil damages for
4-5 providing the information contained in a report or statement
4-6 maintained by the commission under this section if the commission
4-7 followed all of the procedures in Subsection (f). A law
4-8 enforcement agency, agency head, or other law enforcement official
4-9 is not liable for civil damages for a report made by that agency or
4-10 person if the report is made in good faith.
4-11 (i) This section does not authorize the commission to review
4-12 any disciplinary action taken by a law enforcement agency against a
4-13 person licensed under this chapter or to issue a subpoena to compel
4-14 the production of any document prepared or maintained by the agency
4-15 in connection with a disciplinary matter.
4-16 SECTION 4. Subsection (a), Section 415.082, Government Code,
4-17 is amended to read as follows:
4-18 (a) A person convicted of a criminal offense shall pay as
4-19 court costs $3.50 <$1.50> in addition to other taxable court costs.
4-20 These additional court costs shall be collected in the same manner
4-21 that other fines or court costs in the case are collected. Subject
4-22 to amounts retained under Section 415.083(d), the <$1 of those>
4-23 costs collected under this subsection shall be deposited in the
4-24 state treasury as follows:
4-25 (1) $1 to the credit of the law enforcement officer
4-26 standards and education account for administrative expenses;
4-27 (2) $2 to the credit of the law enforcement officer
5-1 standards and education account for expenses related to the
5-2 continuing education of persons licensed under this chapter;
5-3 <fund,> and
5-4 (3) 50 cents <shall be deposited in the state
5-5 treasury> to the credit of the Bill Blackwood Law Enforcement
5-6 Management Institute of Texas fund established under Section
5-7 96.64(l), Education Code.
5-8 SECTION 5. Subchapter D, Chapter 415, Government Code, is
5-9 amended by adding Section 415.0845 to read as follows:
5-10 Sec. 415.0845. MONEY ALLOCATED AND USED FOR CONTINUING
5-11 EDUCATION. (a) Not later than March 1 of each calendar year, the
5-12 comptroller shall allocate money deposited during the preceding
5-13 calendar year in the general revenue fund to the credit of the law
5-14 enforcement officer standards and education account for expenses
5-15 related to the continuing education of persons licensed under this
5-16 chapter as follows:
5-17 (1) 20 percent of the money is allocated to all local
5-18 law enforcement agencies in the state in equal shares; and
5-19 (2) 80 percent of the money is allocated to all local
5-20 law enforcement agencies in the state in a share representing a
5-21 fixed amount for each position in the agency, as of January 1 of
5-22 the preceding calendar year, that is reserved to a person who:
5-23 (A) is licensed under this chapter;
5-24 (B) works as a peace officer on the average of
5-25 at least 32 hours a week; and
5-26 (C) is compensated by the state or a political
5-27 subdivision of the state at the rate of the minimum wage or higher
6-1 and is entitled to all employee benefits offered to a peace officer
6-2 by the state or political subdivision.
6-3 (b) The head of a law enforcement agency shall maintain a
6-4 complete and detailed written record of all money received and
6-5 expended by the agency under this section. All money received
6-6 under this section is subject to audit by the comptroller. All
6-7 money spent under this section is subject to audit by the state
6-8 auditor.
6-9 (c) A local law enforcement agency shall use money received
6-10 under Subsection (a) only as necessary to ensure the continuing
6-11 education of persons licensed under this chapter or to provide
6-12 necessary training, as determined by the agency head, to full-time
6-13 fully paid law enforcement support personnel in the agency.
6-14 (d) A local law enforcement agency may not use money
6-15 received under Subsection (a) to replace funds that are provided to
6-16 the agency by the county or municipality having jurisdiction over
6-17 the agency on a recurring basis for training law enforcement
6-18 officers and support personnel.
6-19 (e) A county or municipality that has a law enforcement
6-20 agency that employs persons licensed under this chapter shall
6-21 conduct an annual audit of the law enforcement agency over which
6-22 the county or municipality has jurisdiction and shall send the
6-23 results of the audit to the comptroller not later than 90 days
6-24 after the date on which the audit is complete.
6-25 SECTION 6. Section 415.052, Government Code, is amended by
6-26 adding Subsection (d) to read as follows:
6-27 (d) Notwithstanding Subsection (c), if a permanent license
7-1 was issued before January, 1981, to an honorably retired
7-2 commissioned officer of the Department of Public Safety who is a
7-3 special ranger under 411.023 or a retired state employee and the
7-4 license was current on January 1, 1995, the holder of the license
7-5 shall have the same rights and privileges as any other peace
7-6 officer of this state and the license shall be considered active
7-7 unless revoked, suspended, or probated by the commission for a
7-8 violation of a provision of this chapter other than Section
7-9 415.034, which shall not apply to the holder of such license.
7-10 SECTION 7. The Sunset Advisory Commission shall study and
7-11 determine the feasibility, costs, and benefits of establishing
7-12 regional academies, operated or funded by the state, to provide
7-13 preparatory, in-service, and advanced courses and continuing
7-14 education programs for officers and county jailers subject to the
7-15 education and training requirements of Chapter 415, Government
7-16 Code, as amended by this Act. The Sunset Advisory Commission shall
7-17 include in the report presented to the 75th Legislature and to the
7-18 governor under Section 325.010, Government Code, findings and
7-19 recommendations based on the study conducted under this section.
7-20 This section expires September 1, 1997.
7-21 SECTION 8. (a) The change in law made by this Act to
7-22 Section 415.082, Government Code, applies only to an offense
7-23 committed on or after the effective date of this Act. For
7-24 purposes of this section, an offense is committed before the
7-25 effective date of this Act if any element of the offense occurs
7-26 before that date.
7-27 (b) An offense committed before the effective date of this
8-1 Act is covered by the law in effect when the offense was committed,
8-2 and the former law is continued in effect for this purpose.
8-3 (c) Sections 4 and 5 of this Act are not intended to create,
8-4 recreate, or rededicate a revenue or fund otherwise subject to
8-5 Sections 403.094 and 403.095, Government Code.
8-6 SECTION 9. This Act takes effect September 1, 1995.
8-7 SECTION 10. The importance of this legislation and the
8-8 crowded condition of the calendars in both houses create an
8-9 emergency and an imperative public necessity that the
8-10 constitutional rule requiring bills to be read on three several
8-11 days in each house be suspended, and this rule is hereby suspended.