SRC-MAX H.B. 1856 75(R) BILL ANALYSIS
Senate Research Center H.B. 1856
By: Telford (Sponsor)
State Affairs
5-15-97
Engrossed
DIGEST
The Texas Commission on Law Enforcement Officer Standards and Education
(TCLEOSE) was created in 1965 and is responsible for developing training
and certification standards for peace officers to improve law enforcement
in Texas. TCLEOSE is subject to the Sunset Act and will be abolished
September 1, 1997 unless continued by the legislature. This bill
continues TCLEOSE for a 12-year period and makes statutory modifications
recommended by the Sunset Advisory Commission.
PURPOSE
As proposed, H.B. 1856 sets forth provisions regarding the continuation of
the Texas Commission on Law Enforcement Officer Standards and Education
and makes statutory modifications recommended by the Sunset Commission.
RULEMAKING AUTHORITY
This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 415.003, Government Code, to provide that the
Texas Commission on Law Enforcement Officer Standards and Education
(TCLEOSE) is abolished and this chapter expires September 1, 2009, rather
than 1997.
SECTION 2. Amends Sections 415.004 (a) and (b), Government Code, to
require the governor to make certain appointments to TCLEOSE without
regard to color, disability, or age. Requires the term of one of either
the sheriff, constable, or chief of police who are members of TCLEOSE to
expire every two years. Provides that a person is not eligible for
appointment as a public member of TCLEOSE under certain conditions. Makes
conforming and nonsubstantive changes.
SECTION 3. Amends Section 415.005, Government Code, to set forth
provisions relating to an officer, employee, or paid consultant of a Texas
trade association. Defines Texas trade association. Deletes existing
Subsections (a) and (b). Prohibits a person from serving as a member of
TCLEOSE or acting as the general counsel to TCLEOSE if the person is
required to register as a lobbyist under Chapter 305 in certain
circumstances.
SECTION 4. Amends Section 415.006, Government Code, by amending Subsection
(a) and adding Subsection (c), to provide that it is a ground for removal
from TCLEOSE if a member does not have at the time of appointment the
qualifications required by Section 415.004(b), cannot because of illness
or disability discharge the member's duties for a substantial part of the
term for which the member is appointed, or is absent from more than half
of the regularly scheduled TCLEOSE meetings that the member is eligible to
attend during a calendar year. Sets forth certain provisions regarding
the removal of a member.
SECTION 5. Amends Chapter 415A, Government Code, by adding Section
415.0065, as follows:
Sec. 415.0065. COMMISSION MEMBER TRAINING. Sets forth provisions
regarding a training program for a member as a condition for assuming the
member's duties.
SECTION 6. Amends Section 415.007, Government Code, to require the
governor to designate a member of TCLEOSE as the presiding officer of
TCLEOSE to service in that capacity at the pleasure of the governor.
Requires TCLEOSE to elect from among its appointed members an assistant
presiding officer and a secretary, rather than a chairman, vice chairman,
and a secretary.
SECTION 7. Amends Section 415.009, Government Code, to require TCLEOSE to
develop and implement policies that provide the public with a reasonable
opportunity to appear before TCLEOSE and to speak on any issue under the
jurisdiction of TCLEOSE. Makes conforming changes.
SECTION 8. Amends Chapter 415A, Government Code, by adding Section
415.0101, as follows:
Sec. 415.0101. POLICY-MAKING. Sets forth provisions regarding
policy-making responsibilities of TCLEOSE and the management
responsibilities of the executive director and other staff.
SECTION 9. Amends Chapter 415A, Government Code, by adding Section
415.0105, as follows:
Sec. 415.0105. STANDARDS OF CONDUCT. Requires the executive director or
the executive director's designee to provide certain information to the
members of TCLEOSE and to TCLEOSE employees regarding their qualifications
and responsibilities relating to standards of conduct for state officers
or employees.
SECTION 10. Amends Section 415.011, Government Code, to require TCLEOSE to
prepare annually a complete and detailed written report accounting for all
funds received and disbursed by TCLEOSE during the preceding fiscal year.
Requires the annual report to meet the reporting requirements applicable
to financial reporting provided in the General Appropriations Act.
Provides that all money paid to TCLEOSE under this chapter is subject to
Chapter 404F.
SECTION 11. Amends Section 415.013, Government Code, to require the
executive director of TCLEOSE or the executive director's designee to
develop inter-agency career ladder program that addresses opportunities
for mobility and advancement for employees within the agency. Requires
the program to require inter-agency posting of all positions concurrently
with a public posting. Deletes a provision requiring the program to
require entry level positions postings. Requires the executive director
or the executive director's designee to prepare and maintain a written
policy statement, rather than plan, relating to equal employment
opportunities. Requires the policy statement to include certain
information. Deletes requirements regarding a plan for equal employment
opportunity.
SECTION 12. Amends Chapter 415A, Government Code, by adding Section
415.0145, as follows:
Sec. 415.0145. ACCESSIBILITY. Requires TCLEOSE to comply with federal
and state laws related to program and facility accessibility. Requires
TCLEOSE to also prepare and maintain a written plan containing certain
information for non-English speaking people.
SECTION 13. Amends Chapter 415B, Government Code, by adding Section 415.
0315, as follows:
Sec. 415.0315. INSPECTIONS. Sets forth requirements for TCLEOSE
regarding risk assessment inspections.
SECTION 14. Amends Chapter 415C, Government Code, by adding Section
415.0595, as follows;
Sec. 415.0595. COMPLAINTS. Sets forth procedures regarding complaints
filed with TCLEOSE that TCLEOSE has authority to resolve.
SECTION 15. Amends Sections 415.060(b) and (c), Government Code, to delete
a provision requiring TCLEOSE to keep certain files relating to a license.
SECTION 16. Amends Chapter 415C, Government Code, by adding Section
415.0605, as follows:
Sec. 415.0605. HEARING. Provides that a person is entitled to a hearing
conducted by the State Office of Administrative Hearings under certain
conditions. Makes standard recodification changes.
SECTION 17. Amends Chapter 411B, Government Code, by adding Section
411.0211, as follows:
Sec. 411.0211. RETIRED TEXAS RANGERS. Sets forth provisions for
honorably retired or retiring members of the Texas Rangers who possess
certain qualifications.
SECTION 18. Amends Section 411.023, Government Code, as follows:
Sec. 411.023. New heading: SPECIAL RANGERS AND SPECIAL DEPARTMENT OF
PUBLIC SAFETY OFFICERS. Authorizes TCLEOSE to appoint as special
department of public safety officers, rather than rangers, honorably
retired commissioned officers of the department and to appoint not more
than 300 persons as special rangers. Makes conforming changes.
SECTION 19. Amends Section 415.034(e), Government Code, to prohibit an
honorably retired Texas Ranger who is commissioned under Section 411.0211
from being required to undergo training.
SECTION 20. Sets forth certain provisions relating to the time served as a
special ranger under Section 411.023, Government Code.
SECTION 21. Provides that the changes in law made by this Act on the
qualification of, and the prohibitions applying to, members of the
Commission on Law Enforcement Officer Standards and Education do not
affect the entitlement of a member serving on TCLEOSE immediately before
August 29, 1997, to continue to carry out the functions of TCLEOSE for the
remainder of the member's term. Makes application of this Act
prospective. Provides that certain people are not prohibited from being
reappointed to TCLEOSE under certain conditions.
SECTION 22. (a) Requires the governor to appoint members of TCLEOSE, as
current terms expire, under certain conditions.
(b)-(d) Sets forth certain requirements for the governor when appointing
certain members to certain positions.
(d) Provides that a term not specifically addressed by this section is a
six-year term.
SECTION 23. Effective date: August 29, 1997.
SECTION 24. Emergency clause.