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.