By Madla                                              S.B. No. 1135
       74R5917 PEP-D
                                 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 $3.50 <$1.50> in addition to other taxable court costs.
   7-21  These additional court costs shall be collected in the same manner
   7-22  that other fines or court costs in the case are collected.  Subject
   7-23  to amounts retained under Section 415.083(d), $1 of those costs
   7-24  shall be deposited in a special account created in the state
   7-25  treasury in the general revenue fund to be known as the law
   7-26  enforcement officer standards and education administrative expense
   7-27  account, $2 of those costs shall be deposited in a special account
    8-1  created in the state treasury in the general revenue fund to be
    8-2  known as the law enforcement officer continuing education account
    8-3  <the credit of the law enforcement officer standards and education
    8-4  fund>, and 50 cents shall be deposited in the state treasury to the
    8-5  credit of the Bill Blackwood Law Enforcement Management Institute
    8-6  of Texas fund established under Section 96.64(1), Education Code.
    8-7        SECTION 8.  Section 415.084, Government Code, is amended to
    8-8  read as follows:
    8-9        Sec. 415.084.  ADMINISTRATIVE EXPENSE FUNDS <EXPENDITURE>.
   8-10  (a)  On requisition of the commission, the comptroller shall draw a
   8-11  warrant on the state treasury for the amount specified in the
   8-12  requisition, except that the warrant may not exceed the amount in
   8-13  the law enforcement officer standards and education administrative
   8-14  expense account <fund>.
   8-15        (b)  Except as provided by Section 415.0845, money <Money>
   8-16  expended by the commission in the administration of this chapter
   8-17  and in performing other commission duties prescribed by law shall
   8-18  be specified and determined only by itemized appropriation in the
   8-19  General Appropriations Act for the commission.
   8-20        (c)  Money remaining in the law enforcement officer standards
   8-21  and education administrative expense account <fund> at the end of
   8-22  the state fiscal year, except funds appropriated to the commission,
   8-23  shall be transferred to the general revenue fund.
   8-24        SECTION 9.  Subchapter D, Chapter 415, Government Code, is
   8-25  amended by adding Section 415.0845 to read as follows:
   8-26        Sec. 415.0845.  CONTINUING EDUCATION FUND.  (a)  Not later
   8-27  than March 1 of each calendar year, the comptroller shall allocate
    9-1  money deposited during the preceding calendar year in the state
    9-2  treasury to the credit of the law enforcement officer continuing
    9-3  education account as follows:
    9-4              (1)  20 percent of the money is allocated to all local
    9-5  law enforcement agencies in the state in equal shares; and
    9-6              (2)  80 percent of the money is allocated to all local
    9-7  law enforcement agencies in the state in a share representing a
    9-8  fixed amount for each position in the agency that is reserved to a
    9-9  person  licensed under this chapter as of January 1 of the
   9-10  preceding calendar year.
   9-11        (b)  The head of a law enforcement agency shall maintain a
   9-12  complete and detailed written record of all money received and
   9-13  expended by the agency under this section.  All money received
   9-14  under this section is subject to audit by the comptroller.  All
   9-15  money spent under this section is subject to audit by the state
   9-16  auditor.
   9-17        (c)  A local law enforcement agency shall use money received
   9-18  under Subsection (a) only to develop course curriculum and fund
   9-19  programs for the continuing education of persons licensed under
   9-20  this chapter or to provide necessary training, as determined by the
   9-21  agency head, to full-time fully paid law enforcement support
   9-22  personnel in the agency.  A local law enforcement agency may keep
   9-23  any surplus money received by the agency under Subsection (a)
   9-24  without a loss of dedication or penalty.
   9-25        (d)  A local law enforcement agency may not use money
   9-26  received under Subsection (a) to replace funds that are provided to
   9-27  the agency by the county or municipality having jurisdiction over
   10-1  the agency on a recurring basis for training law enforcement
   10-2  officers and support personnel.
   10-3        (e)  A county or municipality that has a law enforcement
   10-4  agency that employs persons licensed under this chapter shall
   10-5  conduct an annual audit of the law enforcement agency over which
   10-6  the county or municipality has jurisdiction and shall send the
   10-7  results of the audit to the comptroller not later than 90 days
   10-8  after the date on which the audit is complete.
   10-9        SECTION 10.  The Sunset Advisory Commission shall study and
  10-10  determine the feasibility, costs, and benefits of establishing
  10-11  regional academies, operated and funded by the state, to provide
  10-12  preparatory, in-service, and advanced courses and continuing
  10-13  education programs for officers and county jailers subject to the
  10-14  education and training requirements of Chapter 415, Government
  10-15  Code, as amended by this Act.  The Sunset Advisory Commission shall
  10-16  include in the report presented to the 75th Legislature and to the
  10-17  governor under Section 325.010, Government Code, findings and
  10-18  recommendations based on the study conducted under this section.
  10-19  This section expires September 1, 1997.
  10-20        SECTION 11.  On the effective date of this Act, the term of
  10-21  each member of the Commission on Law Enforcement Officer Standards
  10-22  and Education who holds office immediately before that date
  10-23  expires.  In making the initial appointments of the successor
  10-24  members, the governor shall designate three members, including one
  10-25  public member, for terms expiring August 30, 1997, three members,
  10-26  including one public member, for terms expiring August 30, 1999,
  10-27  and three members, including one public member, for terms expiring
   11-1  August 30, 2001.
   11-2        SECTION 12.  (a)  The change in law made by this Act to
   11-3  Section 415.082, Government Code, applies only to an offense
   11-4  committed on or after the effective date of this Act.  For
   11-5  purposes of this section, an offense is committed before the
   11-6  effective date of this Act if any element of the offense occurs
   11-7  before that date.
   11-8        (b)  An offense committed before the effective date of this
   11-9  Act is covered by the law in effect when the offense was committed,
  11-10  and the former law is continued in effect for this purpose.
  11-11        SECTION 13.  The Commission on Law Enforcement Officer
  11-12  Standards and Education shall establish the procedures required by
  11-13  Section 415.060, Government Code, as amended by this Act, not later
  11-14  than January 1, 1996.  Until the procedures are adopted, the
  11-15  commission shall continue to comply with the procedures of Chapter
  11-16  2001, Government Code.
  11-17        SECTION 14.  This Act takes effect September 1, 1995.
  11-18        SECTION 15.  The importance of this legislation and the
  11-19  crowded condition of the calendars in both houses create an
  11-20  emergency and an imperative public necessity that the
  11-21  constitutional rule requiring bills to be read on three several
  11-22  days in each house be suspended, and this rule is hereby suspended.