JWW C.S.H.B. 1856 75(R)BILL ANALYSIS


PUBLIC SAFETY
C.S.H.B. 1856
By: Telford
4-16-97
Committee Report (Substituted)



BACKGROUND 

The Texas Commission on Law Enforcement Officer Standards and Education
(TCLEOSE) was created in 1965 by the 43rd Legislature.  TCLEOSE is
responsible for developing training and certification standards for peace
officers to improve law enforcement in Texas.  TCLEOSE carries out its
programs and functions through staff located in Austin and Dallas.  To
carry out these programs, TCLEOSE had a budget of $5,270,876 and 39
employees for fiscal year 1996. 

TCLEOSE is subject to the sunset act and will be abolished September 1,
1997 unless continued by the Legislature.  As a result of its review of
TCLEOSE, the Sunset Advisory Commission recommended continuation and
several statutory modifications that are contained in this legislation. 

PURPOSE

The purpose of this bill is to continue the Texas Commission on Law
Enforcement Officer Standards and Education (TCLEOSE) for a 12-year period
and make statutory modifications recommended by the Sunset Advisory
Commission.  The modifications proposed by this bill: 

-target limited inspection resources on academies that are performing
poorly; 

 -realign the terms of office for Commission members to ensure continuity
of experience; 
 
 -continue TCLEOSE for 12 years; and, 
   
 -provide for other changes as recommended by the Sunset Commission.



RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is not granted to
TCLEOSE in this bill. Under the general rulemaking authority already
granted to the policy making body, rules may be developed to implement new
provisions found in this bill. 


SECTION BY SECTION ANALYSIS

SECTION 1 Amends Section 415.003, Government Code.  Updates TCLEOSE's
Sunset date   to September 1, 2009, which provides for the usual 12-year
review. 

SECTION 2 Amends Section 415.004(a) and (b).

  (a)  Updates standard language developed by the Sunset Commission by
instructing the Governor to make appointments without regard to color,
disability,   and age. 

   (b) Staggers the terms of commission members by requiring one member of
each   subgroup on the commission to rotate off every two years.  Updates
standard   language developed by the Sunset Commission by prohibiting
appointment as a   public member if the person or the person's spouse is a
licensee, conducts     business with the agency, is affiliated with a law
enforcement labor union, or   otherwise has financial ties to the
regulated industry.       

SECTION 3 Amends Section 415.005(a)-(d).  Updates standard language
developed by the   Sunset Commission. Prohibits commission members or
their spouses and     employees compensated at or above Group 17 in the
General Appropriations Act   or their spouses from being an officer or
employee of a related Texas trade   association. Prohibits registered
lobbyists from serving as a member of the   commission or from being
employed as the commission's general counsel.    Defines Texas trade
association.  Reletters subsections. 

SECTION 4  Amends Section 415.006 by amending (a) and adding (c).  Updates
standard   language developed by the Sunset Commission. Defines the
additional grounds   for removing a commission member due to illness or
absenteeism.  Requires   notification of the commission's presiding
officer, the Governor and the Attorney   General if knowledge that a
potential ground for removal exists.  

SECTION 5 Adds Section 415.0065.  Adds standard language developed by the
Sunset   Commission. Requires the commission to complete training before
assuming their   duties and being confirmed by the Senate. 

SECTION 6 Amends Section 415.007.  Adds standard language developed by the
Sunset   Commission. Requires the Governor to designate the presiding
officer of the   commission.  Makes technical change renaming the vice
chairman as the assistant   presiding officer.  Reletters subsections. 

SECTION 7 Amends Section 415.009.  Adds standard language developed by the
Sunset   Commission. Requires the commission to give the public reasonable
opportunity   to appear before it regarding issues under the jurisdiction
of TCLEOSE.  Makes   technical change renaming the chairman as the
presiding officer.  Reletters   subsections. 

SECTION 8 Adds Section 415.0101.  Adds standard language developed by the
Sunset   Commission. Requires the commission to clearly separate its
policy making   responsibilities from the management responsibilities of
the executive director   and staff of TCLEOSE. 

SECTION 9 Adds Section 415.0105.  Adds standard language developed by the
Sunset   Commission. Requires the executive director or a designee to
inform its members   and employees of the qualifications for office or
employment and each person's   responsibilities under the law. 

SECTION 10 Amends Section 415.011 by amending (a) and adding (c). 

  (a) Updates standard language developed by the Sunset Commission by
requiring   the commission to prepare an annual financial report that
meets the reporting   requirements in the General Appropriations Act.  

  (c) Adds standard language developed by the Sunset Commission. Requires
TCLEOSE's funds to be managed in accordance with the State Funds Reform
Act.   

SECTION 11 Amends Section 415.013(a)-(e).

  (a) Updates standard language developed by the Sunset Commission that
requires   the executive director or a designee to develop an intra-agency
career ladder   program that addresses mobility and advancement
opportunities for employees   within TCLEOSE and requires intra-agency
postings of job openings concurrently   with any public posting. 

  (b) Updates standard language developed by the Sunset Commission that
requires   the executive director or a designee to develop a system of
annual performance   evaluations based on documented employee performance
upon which merit salary   increases must be based.  

  (c)-(e) Updates standard language developed by the Sunset Commission.
Requires   the executive director or a designee to develop an equal
employment policy that is   annually updated, reviewed by the Texas
Commission on Human Rights, and filed   with the Governor's Office. 

SECTION 12 Adds Section 415.0145.  Adds standard language developed by the
Sunset   Commission. Requires TCLEOSE to comply with state and federal
program and   facility accessibility laws and to develop a plan that
describes how non-English   speaking persons can be provided reasonable
access to the commission's     programs. 

SECTION 13 Adds Section 415.0315.  Requires TCLEOSE to base the schedule
of academy   inspections on performance and risk criteria including scores
on the peace officer   examination, past inspection records,
self-assessments, and a random element for   regular periodic inspections. 

SECTION 14 Adds Section 415.0595.  Updates standard language developed by
the Sunset   Commission. Requires TCLEOSE to collect and maintain
information about all   complaints filed with the agency.  Requires
TCLEOSE to maintain files on   written complaints that the agency has the
authority to resolve and to notify the   parties regarding the status of
the complaint quarterly until disposition. 

SECTION 15 Amends Section 415.060(b) and (c).  Makes technical changes
deleting language   that entitles a person to a hearing only before the
commission and deleting old   language relating to complaints that is
updated in Section 415.0595. 

SECTION 16 Adds Section 415.0605.  Adds standard language developed by the
Sunset   Commission. Entitles licensees to a hearing conducted by the
State Office of   Administrative Hearings before any sanction may be taken
against their license.  

SECTION 17 Specifies that the changes to the commission member
qualifications apply only to   commission members appointed on or after
August 29, 1997.  Specifies that the   Act does not prohibit
reappointments to the commission if the person meets the   qualifications
to serve.  

SECTION 18 Specifies that the Governor must appoint members to the
commission according   to a staggered schedule.  Specifies that two of
three members appointed in 1997   shall serve two-year terms and one shall
serve a full six-year term.  Specifies that   the three public members
appointed in 1999 shall serve terms expiring in 2001,   2003, and 2005.
Specifies that one of the two members appointed in 2001 shall   serve a
two-year term and the other shall serve a full six-year term.  Specifies
that   a term not addressed by the Act is a full six-year term. 

SECTION 19 Effective Date:  August 29, 1997.

SECTION 20 Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

 SECTION 2 Section 415.004(b)(5)  This subsection is added to include
anyone associated with   a law enforcement labor union. 

SECTION 8 Section 415.0101  Adds "POLICY-MAKING" to the section heading.