1-1 By: Madla S.B. No. 1135
1-2 (In the Senate - Filed March 9, 1995; March 15, 1995, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 28, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 28, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1135 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the Commission on Law Enforcement Officer Standards and
1-11 Education.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 415.032, Government Code,
1-14 is amended to read as follows:
1-15 (a) The commission shall <may> establish minimum curriculum
1-16 requirements for preparatory<, in-service,> and advanced courses
1-17 and programs for schools subject to approval under Section
1-18 415.031(b)(1).
1-19 SECTION 2. Subsections (b) and (c), Section 415.034,
1-20 Government Code, are amended to read as follows:
1-21 (b) The commission shall require a state, county, special
1-22 district, or municipal agency that appoints or employs peace
1-23 officers to provide each peace officer with a training program
1-24 every 24 months. The course may not exceed 40 hours. Not less
1-25 than 20 hours of the instruction must be on topics selected by the
1-26 agency.
1-27 (c) The course provided under Subsection (b) must:
1-28 (1) be approved by the commission; <and>
1-29 (2) include education and training in:
1-30 (A) civil rights, racial sensitivity, and
1-31 cultural diversity; and
1-32 (B) unless determined by the agency head to be
1-33 inconsistent with the officer's assigned duties, the recognition of
1-34 cases that involve the following:
1-35 (i) child abuse;
1-36 (ii) child neglect;
1-37 (iii) family violence; and
1-38 (iv) sexual assault; and
1-39 (3) include other education and training only if
1-40 determined by the agency head to be consistent with the officer's
1-41 assigned duties.
1-42 <(c) The course provided under Subsection (b) may not exceed
1-43 40 hours.>
1-44 SECTION 3. Subchapter C, Chapter 415, Government Code, is
1-45 amended by adding Section 415.0635 to read as follows:
1-46 Sec. 415.0635. EMPLOYMENT HISTORY RECORDS. (a) If a person
1-47 licensed under this chapter resigns from the employment of a law
1-48 enforcement agency or if a person's appointment with a law
1-49 enforcement agency is terminated for any reason, the head of the
1-50 law enforcement agency shall submit a report to the commission on a
1-51 form developed by the commission for this purpose. The head of the
1-52 law enforcement agency shall include in the report an explanation
1-53 of the circumstances under which the person resigned or was
1-54 terminated.
1-55 (b) The head of the law enforcement agency from which a
1-56 person resigns or is terminated shall provide the person who is the
1-57 subject of the report with a copy of the report. The person may
1-58 submit a written statement to the commission to contest or explain
1-59 any matters contained in the report.
1-60 (c) Before a law enforcement agency hires a person licensed
1-61 under this chapter, the head of the agency or the agency head's
1-62 designee shall contact the commission to determine whether the
1-63 commission has employment history records on that person under this
1-64 section. This subsection does not authorize the commission to
1-65 release information concerning the records other than whether the
1-66 records exist. A law enforcement agency may not use a
1-67 determination made under this subsection to affect the person's
1-68 eligibility for employment with the agency.
2-1 (d) The commission shall maintain copies of reports and
2-2 written statements submitted to the commission under this section
2-3 for at least 10 years after the date on which the report is
2-4 submitted.
2-5 (e) A report or statement under this section is confidential
2-6 and is exempt from disclosure under Chapter 552.
2-7 (f) Except as provided by this subsection, a member of the
2-8 commission or other person may not release the contents of a report
2-9 or statement under this section. A report or statement under this
2-10 section may be released only:
2-11 (1) by the person employed by the commission who has a
2-12 responsibility to keep the reports and statements;
2-13 (2) if the head of a law enforcement agency or the
2-14 agency head's designee requests the information in writing, over
2-15 the person's signature, and on the agency's letterhead; and
2-16 (3) if the person who is the subject of the report or
2-17 statement authorizes that release by sworn statement on a form
2-18 supplied by the commission that includes the person's waiver of
2-19 liability regarding an agency head who is responsible for or who
2-20 takes action based on the contents of the report or statement.
2-21 (g) A report or statement under this section is subject to
2-22 subpoena only in a judicial proceeding.
2-23 (h) The commission is not liable for civil damages for
2-24 providing the information contained in a report or statement
2-25 maintained by the commission under this section if the commission
2-26 followed all of the procedures in Subsection (f). A law
2-27 enforcement agency, agency head, or other law enforcement official
2-28 is not liable for civil damages for a report made by that agency or
2-29 person if the report is made in good faith.
2-30 (i) This section does not authorize the commission to review
2-31 any disciplinary action taken by a law enforcement agency against a
2-32 person licensed under this chapter or to issue a subpoena to compel
2-33 the production of any document prepared or maintained by the agency
2-34 in connection with a disciplinary matter.
2-35 SECTION 4. Subsection (a), Section 415.082, Government Code,
2-36 is amended to read as follows:
2-37 (a) A person convicted of a criminal offense shall pay as
2-38 court costs $3.50 <$1.50> in addition to other taxable court costs.
2-39 These additional court costs shall be collected in the same manner
2-40 that other fines or court costs in the case are collected. Subject
2-41 to amounts retained under Section 415.083(d), the <$1 of those>
2-42 costs collected under this subsection shall be deposited in the
2-43 state treasury as follows:
2-44 (1) $1 to the credit of the law enforcement officer
2-45 standards and education fund for administrative expenses;
2-46 (2) $2 to the credit of the law enforcement officer
2-47 standards and education fund for expenses related to the continuing
2-48 education of persons licensed under this chapter;<,> and
2-49 (3) 50 cents <shall be deposited in the state
2-50 treasury> to the credit of the Bill Blackwood Law Enforcement
2-51 Management Institute of Texas fund established under Section
2-52 96.64(l), Education Code.
2-53 SECTION 5. Subchapter D, Chapter 415, Government Code, is
2-54 amended by adding Section 415.0845 to read as follows:
2-55 Sec. 415.0845. MONEY ALLOCATED AND USED FOR CONTINUING
2-56 EDUCATION. (a) Not later than March 1 of each calendar year, the
2-57 comptroller shall allocate money deposited during the preceding
2-58 calendar year in the state treasury to the credit of the law
2-59 enforcement officer standards and education fund for expenses
2-60 related to the continuing education of persons licensed under this
2-61 chapter as follows:
2-62 (1) 20 percent of the money is allocated to all local
2-63 law enforcement agencies in the state in equal shares; and
2-64 (2) 80 percent of the money is allocated to all local
2-65 law enforcement agencies in the state in a share representing a
2-66 fixed amount for each position in the agency, as of January 1 of
2-67 the preceding calendar year, that is reserved to a person who:
2-68 (A) is licensed under this chapter;
2-69 (B) works as a peace officer on the average of
2-70 at least 32 hours a week; and
3-1 (C) is compensated by the state or a political
3-2 subdivision of the state at the rate of the minimum wage or higher
3-3 and is entitled to all employee benefits offered to a peace officer
3-4 by the state or political subdivision.
3-5 (b) The head of a law enforcement agency shall maintain a
3-6 complete and detailed written record of all money received and
3-7 expended by the agency under this section. All money received
3-8 under this section is subject to audit by the comptroller. All
3-9 money spent under this section is subject to audit by the state
3-10 auditor.
3-11 (c) A local law enforcement agency shall use money received
3-12 under Subsection (a) only as necessary to ensure the continuing
3-13 education of persons licensed under this chapter or to provide
3-14 necessary training, as determined by the agency head, to full-time
3-15 fully paid law enforcement support personnel in the agency.
3-16 (d) A local law enforcement agency may not use money
3-17 received under Subsection (a) to replace funds that are provided to
3-18 the agency by the county or municipality having jurisdiction over
3-19 the agency on a recurring basis for training law enforcement
3-20 officers and support personnel.
3-21 (e) A county or municipality that has a law enforcement
3-22 agency that employs persons licensed under this chapter shall
3-23 conduct an annual audit of the law enforcement agency over which
3-24 the county or municipality has jurisdiction and shall send the
3-25 results of the audit to the comptroller not later than 90 days
3-26 after the date on which the audit is complete.
3-27 SECTION 6. The Sunset Advisory Commission shall study and
3-28 determine the feasibility, costs, and benefits of establishing
3-29 regional academies, operated and funded by the state, to provide
3-30 preparatory, in-service, and advanced courses and continuing
3-31 education programs for officers and county jailers subject to the
3-32 education and training requirements of Chapter 415, Government
3-33 Code, as amended by this Act. The Sunset Advisory Commission shall
3-34 include in the report presented to the 75th Legislature and to the
3-35 governor under Section 325.010, Government Code, findings and
3-36 recommendations based on the study conducted under this section.
3-37 This section expires September 1, 1997.
3-38 SECTION 7. (a) The change in law made by this Act to
3-39 Section 415.082, Government Code, applies only to an offense
3-40 committed on or after the effective date of this Act. For
3-41 purposes of this section, an offense is committed before the
3-42 effective date of this Act if any element of the offense occurs
3-43 before that date.
3-44 (b) An offense committed before the effective date of this
3-45 Act is covered by the law in effect when the offense was committed,
3-46 and the former law is continued in effect for this purpose.
3-47 SECTION 8. This Act takes effect September 1, 1995.
3-48 SECTION 9. The importance of this legislation and the
3-49 crowded condition of the calendars in both houses create an
3-50 emergency and an imperative public necessity that the
3-51 constitutional rule requiring bills to be read on three several
3-52 days in each house be suspended, and this rule is hereby suspended.
3-53 * * * * *