By Telford H.B. No. 1856
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Commission on Law
1-3 Enforcement Officer Standards and Education and to commissioned
1-4 retired Texas Rangers, special rangers, and special Department of
1-5 Public Safety officers.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 415.003, Government Code, is amended to
1-8 read as follows:
1-9 Sec. 415.003. SUNSET PROVISION. The Commission on Law
1-10 Enforcement Officer Standards and Education is subject to Chapter
1-11 325 (Texas Sunset Act). Unless continued in existence as provided
1-12 by that chapter, the commission is abolished and this chapter
1-13 expires September 1, 2009 [1997].
1-14 SECTION 2. Sections 415.004(a) and (b), Government Code, are
1-15 amended to read as follows:
1-16 (a) The commission is composed of nine members appointed by
1-17 the governor with the advice and consent of the senate. The
1-18 governor shall make the appointments without regard to the race,
1-19 color, disability [creed], sex, religion, age, or national origin
1-20 of the appointees. A member must be a resident of this state.
1-21 (b) Three members must be a sheriff, constable, or chief of
1-22 police, and the term of one of those three members must expire
1-23 every two years. Three members must be persons licensed under this
1-24 chapter, the term of one of those three members must expire every
2-1 two years, and two of those three members [whom] must be peace
2-2 officers who when appointed hold nonsupervisory positions with a
2-3 law enforcement agency. A licensed member must have been licensed
2-4 for the five consecutive years preceding the date of the member's
2-5 appointment. Three members must be representatives [members] of
2-6 the general public, and the term of one of those three members must
2-7 expire every two years. A person is not eligible for appointment as
2-8 a public member of the commission if the person or the person's
2-9 spouse:
2-10 (1) is registered, certified, or licensed by an
2-11 occupational regulatory agency in the field of law enforcement;
2-12 (2) is employed by or participates in the management
2-13 of a business entity or other organization regulated by the
2-14 commission or receiving funds from the commission;
2-15 (3) owns or controls, directly or indirectly, more
2-16 than a 10 percent interest in a business entity or other
2-17 organization regulated by the commission or receiving funds from
2-18 the commission;
2-19 (4) uses or receives a substantial amount of tangible
2-20 goods, services, or funds from the commission, other than
2-21 compensation or reimbursement authorized by law for commission
2-22 membership, attendance, or expenses; or
2-23 (5) is an officer, employee, or paid consultant of a
2-24 law enforcement labor union.
2-25 SECTION 3. Section 415.005, Government Code, is amended to
2-26 read as follows:
2-27 Sec. 415.005. CONFLICT OF INTEREST. (a) An officer,
3-1 employee, or paid consultant of a Texas trade association in the
3-2 field of law enforcement may not be a member of the commission or
3-3 an employee of the commission who is exempt from the state's
3-4 position classification plan or is compensated at or above the
3-5 amount prescribed by the General Appropriations Act for step 1,
3-6 salary group 17, of the position classification salary schedule.
3-7 (b) A person who is the spouse of an officer, manager, or
3-8 paid consultant of a Texas trade association in the field of law
3-9 enforcement may not be a member of the commission and may not be an
3-10 employee of the commission who is exempt from the state's position
3-11 classification plan or is compensated at or above the amount
3-12 prescribed by the General Appropriations Act for step 1, salary
3-13 group 17, of the position classification salary schedule.
3-14 (c) For the purposes of this section, a Texas trade
3-15 association is a nonprofit, cooperative, and voluntarily joined
3-16 association of business or professional competitors in this state
3-17 designed to assist its members and its industry or profession in
3-18 dealing with mutual business or professional problems and in
3-19 promoting their common interest.
3-20 (d) [A person is not eligible for appointment as a public
3-21 member if the person or the person's spouse:]
3-22 [(1) is licensed by an occupational regulatory agency
3-23 in the field of law enforcement;]
3-24 [(2) is employed by or participates in the management
3-25 of a business entity or other organization related to the field of
3-26 law enforcement; or]
3-27 [(3) has, other than as a consumer, a financial
4-1 interest in a business entity related to the field of law
4-2 enforcement.]
4-3 [(b) A member or employee of the commission may not be an
4-4 officer, employee, or paid consultant of a trade association in the
4-5 law enforcement industry, except an association the purpose and
4-6 membership of which is solely for the benefit of law enforcement
4-7 officers.]
4-8 [(c)] A person may not serve as a member of the commission
4-9 or act as the general counsel to the commission if the person is
4-10 required to register as a lobbyist under Chapter 305 because of the
4-11 person's activities for compensation [in or] on behalf of a
4-12 profession related to the operation of the commission [may not be a
4-13 member of or general counsel to the commission].
4-14 SECTION 4. Section 415.006, Government Code, is amended by
4-15 amending Subsection (a) and adding Subsection (c) to read as
4-16 follows:
4-17 (a) It is a ground for removal from the commission if a
4-18 member:
4-19 (1) does [did] not have at the time of appointment the
4-20 qualifications required by Section 415.004(b);
4-21 (2) [when appointed, or] does not maintain during
4-22 [the] service on the commission[,] the qualifications required by
4-23 Section [Sections] 415.004(b) [and 415.005(a)] for appointment to
4-24 the commission that the member is required to maintain; [or]
4-25 (3) [(2)] violates a prohibition established by
4-26 [under] Section 415.005;
4-27 (4) cannot because of illness or disability discharge
5-1 the member's duties for a substantial part of the term for which
5-2 the member is appointed; or
5-3 (5) is absent from more than half of the regularly
5-4 scheduled commission meetings that the member is eligible to attend
5-5 during a calendar year [415.005(b) or (c)].
5-6 (c) If the executive director has knowledge that a potential
5-7 ground for removal exists, the executive director shall notify the
5-8 presiding officer of the commission of the potential ground. The
5-9 presiding officer shall then notify the governor and the attorney
5-10 general that a potential ground for removal exists. If the
5-11 potential ground for removal involves the presiding officer, the
5-12 executive director shall notify the next highest ranking officer of
5-13 the commission, who shall notify the governor and the attorney
5-14 general that a potential ground for removal exists.
5-15 SECTION 5. Subchapter A, Chapter 415, Government Code, is
5-16 amended by adding Section 415.0065 to read as follows:
5-17 Sec. 415.0065. COMMISSION MEMBER TRAINING. (a) Before a
5-18 member of the commission may assume the member's duties and before
5-19 the member may be confirmed by the senate, the member must complete
5-20 at least one course of the training program established under this
5-21 section. If this course is completed not later than the sixth
5-22 month after the member's appointment to the commission, the member
5-23 is in compliance with this subsection.
5-24 (b) A training program established under this section shall
5-25 provide information to the member regarding:
5-26 (1) the enabling legislation that created the
5-27 commission;
6-1 (2) the programs operated by the commission;
6-2 (3) the role and functions of the commission;
6-3 (4) the rules of the commission with an emphasis on
6-4 the rules that relate to disciplinary and investigatory authority;
6-5 (5) the current budget for the commission;
6-6 (6) the results of the most recent formal audit of the
6-7 commission;
6-8 (7) the requirements of the:
6-9 (A) open meetings law, Chapter 551;
6-10 (B) open records law, Chapter 552; and
6-11 (C) administrative procedure law, Chapter 2001;
6-12 (8) the requirements of the conflict of interest laws
6-13 and other laws relating to public officials; and
6-14 (9) any applicable ethics policies adopted by the
6-15 commission or the Texas Ethics Commission.
6-16 SECTION 6. Section 415.007, Government Code, is amended to
6-17 read as follows:
6-18 Sec. 415.007. Commission Officers; Quorum; Voting. (a) The
6-19 governor shall designate a member of the commission as the
6-20 presiding officer of the commission to serve in that capacity at
6-21 the pleasure of the governor.
6-22 (b) At its first meeting after appointment of members to
6-23 serve regular terms, the commission shall elect from among its
6-24 appointed members an assistant presiding officer [a chairman,
6-25 vice-chairman,] and a secretary.
6-26 (c) [(b)] Five members, excluding ex officio members,
6-27 constitute a quorum.
7-1 (d) [(c)] An ex officio member may not vote.
7-2 SECTION 7. Section 415.009, Government Code, is amended to
7-3 read as follows:
7-4 Sec. 415.009. MEETINGS. (a) The commission shall develop
7-5 and implement policies that provide the public with a reasonable
7-6 opportunity to appear before the commission and to speak on any
7-7 issue under the jurisdiction of the commission.
7-8 (b) The commission shall meet at least once during each
7-9 biennium to receive public comment on training and standards for
7-10 officers and county jailers. Within a reasonable time after the
7-11 meeting, the commission shall report to the governor and
7-12 legislature findings and recommendations resulting from the
7-13 meeting.
7-14 (c) [(b)] The commission may meet at other times and places
7-15 in this state that it considers proper. The presiding officer
7-16 [chairman] may call a meeting on the officer's [chairman's] own
7-17 motion and shall call a meeting on the written request of five
7-18 members.
7-19 (d) [(c)] Except as provided by Sections 415.058 and
7-20 415.0581, the commission is subject to the open meetings law,
7-21 Chapter 551, and the administrative procedure law, Chapter 2001.
7-22 SECTION 8. Subchapter A, Chapter 415, Government Code, is
7-23 amended by adding Section 415.0101 to read as follows:
7-24 Sec. 415.0101. POLICY-MAKING. The commission shall develop
7-25 and implement policies that clearly separate the policy-making
7-26 responsibilities of the commission and the management
7-27 responsibilities of the executive director and the staff of the
8-1 commission.
8-2 SECTION 9. Subchapter A, Chapter 415, Government Code, is
8-3 amended by adding Section 415.0105 to read as follows:
8-4 Sec. 415.0105. STANDARDS OF CONDUCT. The executive director
8-5 or the executive director's designee shall provide to members of
8-6 the commission and to commission employees, as often as necessary,
8-7 information regarding their qualification for office or employment
8-8 under this chapter and their responsibilities under applicable laws
8-9 relating to standards of conduct for state officers or employees.
8-10 SECTION 10. Section 415.011, Government Code, is amended by
8-11 amending Subsection (a) and adding Subsection (c) to read as
8-12 follows:
8-13 (a) The commission shall prepare annually [During January of
8-14 each year, the commission shall file with the governor and the
8-15 presiding officer of each house of the legislature] a complete and
8-16 detailed written report accounting for all funds received and
8-17 disbursed by the commission during the preceding fiscal year. The
8-18 annual report must meet the reporting requirements applicable to
8-19 financial reporting provided in the General Appropriations Act.
8-20 (c) All money paid to the commission under this chapter is
8-21 subject to Subchapter F, Chapter 404.
8-22 SECTION 11. Section 415.013, Government Code, is amended to
8-23 read as follows:
8-24 Sec. 415.013. EMPLOYMENT PRACTICES. (a) The executive
8-25 director of the commission or the executive director's designee
8-26 shall develop an intra-agency [a] career ladder program that
8-27 addresses opportunities for mobility and advancement for employees
9-1 within the agency. The program shall require intra-agency posting
9-2 of all positions concurrently with any public posting [must require
9-3 that openings in all positions except entry level positions be
9-4 posted within the commission for at least 10 days before they are
9-5 posted for the public].
9-6 (b) The executive director or the executive director's
9-7 designee shall develop a system of annual performance evaluations
9-8 that are [evaluation] based on documented employee performance
9-9 [measurable job tasks]. All merit [Merit] pay for commission
9-10 employees must be based on this system.
9-11 (c) The executive director or the executive director's
9-12 designee shall prepare and maintain a written policy statement
9-13 [plan] to assure implementation of a program of equal employment
9-14 opportunity under which all personnel transactions are made without
9-15 regard to race, color, disability, sex, religion, age, or national
9-16 origin. [The plan must cover an annual period and be updated
9-17 annually.] The policy statement [plan] must include:
9-18 (1) personnel policies, including policies relating to
9-19 recruitment, evaluation, selection, appointment, training, and
9-20 promotion of personnel that are in compliance with requirements of
9-21 Chapter 21, Labor Code;
9-22 (2) a comprehensive analysis of the commission
9-23 workforce that meets federal and state laws, rules, and regulations
9-24 and instructions promulgated directly from those laws, rules, and
9-25 regulations;
9-26 (3) procedures by which a determination can be made
9-27 about the extent of underuse in the commission workforce of all
10-1 persons for whom federal or state laws, rules, and regulations and
10-2 instructions promulgated directly from those laws, rules, and
10-3 regulations encourage a more equitable balance; and
10-4 (4) reasonable methods to appropriately address those
10-5 areas of underuse.
10-6 (d) A policy statement prepared under Subsection (c) must
10-7 cover an annual period, be updated annually and reviewed by the
10-8 Commission on Human Rights for compliance with Subsection (c)(1),
10-9 and be filed with the governor's office.
10-10 (e) The governor's office shall deliver a biennial report to
10-11 the legislature based on the information received under Subsection
10-12 (d). The report may be made separately or as a part of other
10-13 biennial reports made to the legislature [a comprehensive analysis
10-14 of the commission's employees by race, sex, ethnic background,
10-15 class of position, and salary or wage;]
10-16 [(2) plans for recruitment, evaluation, selection,
10-17 appointment, training, promotion, and other personnel policies;]
10-18 [(3) steps reasonably designed to overcome identified
10-19 underuse of minorities and women in the agency's work force; and]
10-20 [(4) objectives, goals, timetables for achievement of
10-21 the objectives and goals, and assignment of responsibility for
10-22 their achievement.]
10-23 [(d) Before May 1 and December 1 of each year the commission
10-24 shall submit a progress report to the governor. The report must
10-25 include a statement of the steps that the commission has taken
10-26 during the previous six months to comply with the requirements of
10-27 Subsection (c)].
11-1 SECTION 12. Subchapter A, Chapter 415, Government Code, is
11-2 amended by adding Section 415.0145 to read as follows:
11-3 Sec. 415.0145. ACCESSIBILITY. The commission shall comply
11-4 with federal and state laws related to program and facility
11-5 accessibility. The commission shall also prepare and maintain a
11-6 written plan that describes how a person who does not speak English
11-7 can be provided reasonable access to the commission's programs and
11-8 services.
11-9 SECTION 13. Subchapter B, Chapter 415, Government Code, is
11-10 amended by adding Section 415.0315 to read as follows:
11-11 Sec. 415.0315. INSPECTIONS. (a) The commission shall
11-12 develop a risk assessment method to determine the relative
11-13 performance of schools conducting training courses for officers,
11-14 county jailers, or recruits. The commission shall base its
11-15 schedule for inspection of schools on the results of its risk
11-16 assessment.
11-17 (b) The risk assessment method shall include consideration
11-18 of the following:
11-19 (1) the scores on the basic peace officer exam of
11-20 students enrolled in a school;
11-21 (2) the past inspection records of a school;
11-22 (3) a self-assessment performed by a school in a
11-23 noninspection year; and
11-24 (4) a random element to ensure periodic inspection of
11-25 each school.
11-26 SECTION 14. Subchapter C, Chapter 415, Government Code, is
11-27 amended by adding Section 415.0595 to read as follows:
12-1 Sec. 415.0595. COMPLAINTS. (a) The commission shall keep a
12-2 file about each written complaint filed with the commission that
12-3 the commission has authority to resolve. The commission shall
12-4 provide to the person filing the complaint and the persons or
12-5 entities complained about the commission's policies and procedures
12-6 pertaining to complaint investigation and resolution. The
12-7 commission, at least quarterly and until final disposition of the
12-8 complaint, shall notify the person filing the complaint and the
12-9 persons or entities complained about of the status of the complaint
12-10 unless the notice would jeopardize an undercover investigation.
12-11 (b) The commission shall keep information about each
12-12 complaint filed with the commission. The information shall
12-13 include:
12-14 (1) the date the complaint is received;
12-15 (2) the name of the complainant;
12-16 (3) the subject matter of the complaint;
12-17 (4) a record of all persons contacted in relation to
12-18 the complaint;
12-19 (5) a summary of the results of the review or
12-20 investigation of the complaint; and
12-21 (6) for complaints for which the agency took no
12-22 action, an explanation of the reason the complaint was closed
12-23 without action.
12-24 SECTION 15. Sections 415.060(b) and (c), Government Code,
12-25 are amended to read as follows:
12-26 (b) The commission shall revoke or suspend a license, place
12-27 on probation a person whose license has been suspended, or
13-1 reprimand a licensee for a violation of this chapter or a rule of
13-2 the commission, and the commission may by rule provide for any
13-3 other necessary enforcement procedures. Except as provided by
13-4 Sections 415.058 and 415.0581, a person whose license the
13-5 commission proposes to suspend or revoke is entitled to a hearing
13-6 [before the commission]. When a person whose license is suspended
13-7 under Section 415.058(b) is released from community supervision,
13-8 the license may be reinstated under commission rules.
13-9 [(c) The commission shall keep an information file about
13-10 each complaint filed with the commission relating to a licensee.
13-11 If a written complaint is filed with the commission relating to a
13-12 licensee, the commission, at least quarterly until final
13-13 disposition of the complaint, shall notify the parties to the
13-14 complaint of the status of the complaint, unless the notice would
13-15 jeopardize an undercover investigation.]
13-16 SECTION 16. Subchapter C, Chapter 415, Government Code, is
13-17 amended by adding Section 415.0605 to read as follows:
13-18 Sec. 415.0605. HEARING. If the commission proposes to
13-19 suspend, revoke, or refuse to renew a person's license, the person
13-20 is entitled to a hearing conducted by the State Office of
13-21 Administrative Hearings. Proceedings for a disciplinary action are
13-22 governed by the administrative procedure law, Chapter 2001. Rules
13-23 of practice adopted by the commission under Section 2001.004
13-24 applicable to the proceedings for a disciplinary action may not
13-25 conflict with rules adopted by the State Office of Administrative
13-26 Hearings.
13-27 SECTION 17. Subchapter B, Chapter 411, Government Code, is
14-1 amended by adding Section 411.0211 to read as follows:
14-2 Sec. 411.0211. RETIRED TEXAS RANGERS. (a) An honorably
14-3 retired or retiring member of the department who has served at
14-4 least 10 years as a Texas Ranger is entitled on application to the
14-5 department to retain the person's rank and commission as a Texas
14-6 Ranger if:
14-7 (1) the person's license as a peace officer has not
14-8 expired and has not been revoked by the Commission on Law
14-9 Enforcement Officer Standards and Education under Section 415.060;
14-10 and
14-11 (2) the person agrees to be bound by the restrictions
14-12 and requirements of this section.
14-13 (b) A Texas Ranger commissioned under this section:
14-14 (1) does not have administrative authority over any
14-15 other Texas Ranger or any member of the department; and
14-16 (2) is not connected with any ranger company or
14-17 uniformed division of the department.
14-18 (c) A Texas Ranger commissioned under this section is
14-19 subject to the orders of the commission and the governor for
14-20 special duty to the same extent as other law enforcement officers
14-21 provided for by this chapter. A Texas Ranger commissioned under
14-22 this section serves without compensation except when called for
14-23 special duty that lasts for more than three consecutive days.
14-24 (d) The department shall revoke a Texas Ranger commission
14-25 issued under this section if:
14-26 (1) the Texas Ranger's license as a peace officer is
14-27 revoked under Section 415.060; or
15-1 (2) the department determines after a procedure
15-2 conducted in accordance with Section 411.007 that the Texas Ranger
15-3 violated a rule of the department and that an active Texas Ranger
15-4 who violated the same rule would be discharged from the department.
15-5 SECTION 18. Section 411.023, Government Code, is amended to
15-6 read as follows:
15-7 Sec. 411.023. SPECIAL RANGERS AND SPECIAL DEPARTMENT OF
15-8 PUBLIC SAFETY OFFICERS. (a) The commission may appoint as special
15-9 department of public safety officers [rangers] honorably retired
15-10 commissioned officers of the department and may appoint not more
15-11 than 300 [other] persons as special rangers.
15-12 (b) A special ranger or special department of public safety
15-13 officer is subject to the orders of the commission and the governor
15-14 for special duty to the same extent as other law enforcement
15-15 officers provided for by this chapter, except that a special ranger
15-16 or special department of public safety officer may not enforce a
15-17 law except one the violation of which is a criminal offense
15-18 [designed to protect life and property] and may not enforce a law
15-19 regulating the use of a state highway by a motor vehicle. A special
15-20 ranger or special department of public safety officer is not
15-21 connected with a ranger company or uniformed unit of the
15-22 department.
15-23 (c) Before issuance of a commission to a special ranger the
15-24 person shall enter into a good and sufficient bond executed by a
15-25 surety company authorized to do business in the state in the amount
15-26 of $2,500, approved by the director, and indemnifying all persons
15-27 against damages resulting from an unlawful act of the special
16-1 ranger.
16-2 (d) A special ranger or special department of public safety
16-3 officer is not entitled to compensation from the state for service
16-4 as a special ranger or as a special department of public safety
16-5 officer except when called to active duty for a period of more than
16-6 three consecutive days.
16-7 (e) A special ranger commission expires January 1 of the
16-8 first odd-numbered year after appointment. The director may revoke
16-9 a special ranger or special department of public safety officer
16-10 commission at any time for cause.
16-11 SECTION 19. Section 415.034(e), Government Code, is amended
16-12 to read as follows:
16-13 (e) An honorably retired commissioned officer of the
16-14 Department of Public Safety who is a special ranger under Section
16-15 411.023 and an honorably retired Texas Ranger who is commissioned
16-16 under Section 411.0211 may not be required to undergo training
16-17 under Subsection (b).
16-18 SECTION 20. If more than 300 persons serve as special
16-19 rangers under Section 411.023, Government Code, as amended by this
16-20 Act, on the effective date of this Act, the Texas Department of
16-21 Public Safety may allow current members to serve until their
16-22 commissions expire, but the department may not appoint or reappoint
16-23 special rangers while the number of special rangers exceeds 300.
16-24 SECTION 21. The changes in law made by this Act in the
16-25 qualifications of, and the prohibitions applying to, members of the
16-26 Commission on Law Enforcement Officer Standards and Education do
16-27 not affect the entitlement of a member serving on the commission
17-1 immediately before August 29, 1997, to continue to carry out the
17-2 functions of the commission for the remainder of the member's term.
17-3 The changes in law apply only to a member appointed on or after
17-4 August 29, 1997. This Act does not prohibit a person who is a
17-5 member of the commission on August 29, 1997, from being reappointed
17-6 to the commission if the person has the qualifications required for
17-7 a member under Chapter 415, Government Code, as amended by this
17-8 Act.
17-9 SECTION 22. (a) Notwithstanding Section 415.004(c),
17-10 Government Code, and for the purpose of coming into compliance with
17-11 Section 415.004(b), Government Code, as amended by this Act, the
17-12 governor shall appoint members to the Commission on Law Enforcement
17-13 Officer Standards and Education, as current terms expire, in
17-14 accordance with this section.
17-15 (b) When appointing a member to the position of the member
17-16 who is a commission licensee and who is not a sheriff, constable,
17-17 or chief of police, and whose term expires on August 30, 1997, the
17-18 governor shall appoint a member to a term expiring on August 30,
17-19 1999. When appointing members to the positions of the two members
17-20 who are a sheriff, constable, or chief of police, and whose terms
17-21 expire on August 30, 1997, the governor shall appoint one member to
17-22 a term expiring on August 30, 1999, and one member to a term
17-23 expiring on August 30, 2003. As those terms expire, the governor
17-24 shall appoint members to full six-year terms.
17-25 (c) When appointing members to the positions of the three
17-26 public members whose terms expire on August 30, 1999, the governor
17-27 shall appoint one member to a term expiring on August 30, 2001, one
18-1 member to a term expiring on August 30, 2003, and one member to a
18-2 term expiring on August 30, 2005. As those terms expire, the
18-3 governor shall appoint members to full six-year terms.
18-4 (d) When appointing members to the positions of the two
18-5 members who are commission licensees, who are not a sheriff,
18-6 constable, or chief of police, and whose terms expire on August 30,
18-7 2001, the governor shall appoint one member to a term expiring on
18-8 August 30, 2003, and one member to a term expiring on August 30,
18-9 2007. As those terms expire, the governor shall appoint members to
18-10 full six-year terms.
18-11 (e) A term not specifically addressed by this section is a
18-12 six-year term.
18-13 SECTION 23. This Act takes effect August 29, 1997.
18-14 SECTION 24. The importance of this legislation and the
18-15 crowded condition of the calendars in both houses create an
18-16 emergency and an imperative public necessity that the
18-17 constitutional rule requiring bills to be read on three several
18-18 days in each house be suspended, and this rule is hereby suspended,
18-19 and that this Act take effect and be in force according to its
18-20 terms, and it is so enacted.