By:  Madla                                            S.B. No. 1135
                                 A BILL TO BE ENTITLED
                                        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 and 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.