1-1                                   AN ACT

 1-2     relating to the continuation and functions of the Commission on Law

 1-3     Enforcement Officer Standards and Education.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 415.003, Government Code, is amended to

 1-6     read as follows:

 1-7           Sec. 415.003.  SUNSET PROVISION.  The Commission on Law

 1-8     Enforcement Officer Standards and Education is subject to Chapter

 1-9     325 (Texas Sunset Act).  Unless continued in existence as provided

1-10     by that chapter, the commission is abolished and this chapter

1-11     expires September 1, 2009 [1997].

1-12           SECTION 2.  Sections 415.004(a) and (b), Government Code, are

1-13     amended to read as follows:

1-14           (a)  The commission is composed of nine members appointed by

1-15     the governor with the advice and consent of the senate.  The

1-16     governor shall make the appointments without regard to the race,

1-17     color, disability [creed], sex, religion, age, or national origin

1-18     of the appointees.  A member must be a resident of this state.

1-19           (b)  Three members must be a sheriff, constable, or chief of

1-20     police, and the term of one of those three members must expire

1-21     every two years.  Three members must be persons licensed under this

1-22     chapter, the term of one of those three members must expire every

1-23     two years, and two of those three members [whom] must be peace

1-24     officers who when appointed hold nonsupervisory positions with a

 2-1     law enforcement agency.  A licensed member must have been licensed

 2-2     for the five consecutive years preceding the date of the member's

 2-3     appointment.  Three members must be representatives [members] of

 2-4     the general public, and the term of one of those three members must

 2-5     expire every two years. A person is not eligible for appointment as

 2-6     a public member of the commission if the person or the  person's

 2-7     spouse:

 2-8                 (1)  is registered, certified, or licensed by an

 2-9     occupational regulatory agency in the field of law enforcement;

2-10                 (2)  is employed by or participates in the management

2-11     of a business entity or other organization regulated by the

2-12     commission or receiving funds from the commission;

2-13                 (3)  owns or controls, directly or indirectly, more

2-14     than a 10 percent interest in a business entity or other

2-15     organization regulated by the commission or receiving funds from

2-16     the commission;

2-17                 (4)  uses or receives a substantial amount of tangible

2-18     goods, services, or funds from the  commission, other than

2-19     compensation or reimbursement authorized by law for commission

2-20     membership, attendance, or expenses; or

2-21                 (5)  is an officer, employee, or paid consultant of a

2-22     law enforcement labor union.

2-23           SECTION 3.  Section 415.005, Government Code, is amended to

2-24     read as follows:

2-25           Sec. 415.005.  CONFLICT OF INTEREST.  (a)  An officer,

2-26     employee, or paid consultant of a Texas trade association in the

2-27     field of law enforcement may not be a member of the commission or

 3-1     an employee of the commission who is exempt from the state's

 3-2     position classification plan or is compensated at or above the

 3-3     amount prescribed by the General Appropriations Act for step 1,

 3-4     salary group 17, of the position classification salary schedule.

 3-5           (b)  A person who is the spouse of an officer, manager, or

 3-6     paid consultant of a Texas trade association in the field of law

 3-7     enforcement may not be a member of the commission and may not be an

 3-8     employee of the commission who is exempt from the state's position

 3-9     classification plan or is compensated at or above the amount

3-10     prescribed by the General Appropriations Act for step 1, salary

3-11     group 17, of the position classification salary schedule.

3-12           (c)  For the purposes of this section, a Texas trade

3-13     association is a nonprofit, cooperative, and voluntarily joined

3-14     association of business or professional competitors in this state

3-15     designed to assist its members and its industry or profession in

3-16     dealing with mutual business or professional problems and in

3-17     promoting their common interest.

3-18           (d)  [A person is not eligible for appointment as a public

3-19     member if the person or the person's spouse:]

3-20                 [(1)  is licensed by an occupational regulatory agency

3-21     in the field of law enforcement;]

3-22                 [(2)  is employed by or participates in the management

3-23     of a business entity or other organization related to the field of

3-24     law enforcement; or]

3-25                 [(3)  has, other than as a consumer, a financial

3-26     interest in a business entity related to the field of law

3-27     enforcement.]

 4-1           [(b)  A member or employee of the commission may not be an

 4-2     officer, employee, or paid consultant of a trade association in the

 4-3     law enforcement industry, except an association the purpose and

 4-4     membership of which is solely for the benefit of law enforcement

 4-5     officers.]

 4-6           [(c)]  A person may not serve as a member of the commission

 4-7     or act as the general counsel to the commission if the person is

 4-8     required to register as a lobbyist under Chapter 305 because of the

 4-9     person's activities for compensation [in or] on behalf of a

4-10     profession related to the operation of the commission [may not be a

4-11     member of or general counsel to the commission].

4-12           SECTION 4.  Section 415.006, Government Code, is amended by

4-13     amending Subsection (a) and adding Subsection (c) to read as

4-14     follows:

4-15           (a)  It is a ground for removal from the commission if a

4-16     member:

4-17                 (1)  does [did] not have at the time of appointment the

4-18     qualifications required by Section 415.004(b);

4-19                 (2)  [when appointed, or] does not maintain during

4-20     [the] service on the commission[,] the qualifications required by

4-21     Section [Sections] 415.004(b) [and 415.005(a)] for appointment to

4-22     the commission that the member is required to maintain; [or]

4-23                 (3) [(2)]  violates a prohibition established by

4-24     [under] Section 415.005;

4-25                 (4)  cannot because of illness or disability discharge

4-26     the member's duties for a substantial part of the term for which

4-27     the member is appointed; or

 5-1                 (5)  is absent from more than half of the regularly

 5-2     scheduled commission meetings that the member is eligible to attend

 5-3     during a calendar year [415.005(b) or (c)].

 5-4           (c)  If the executive director has knowledge that a potential

 5-5     ground for removal exists, the executive director shall notify the

 5-6     presiding officer of the commission of the potential ground.  The

 5-7     presiding officer shall then notify the governor and the attorney

 5-8     general that a potential ground for removal exists.  If the

 5-9     potential ground for removal involves the presiding officer, the

5-10     executive director shall notify the next highest ranking officer of

5-11     the commission, who shall notify the governor and the attorney

5-12     general that a potential ground for removal exists.

5-13           SECTION 5.  Subchapter A, Chapter 415, Government Code, is

5-14     amended by adding Section 415.0065 to read as follows:

5-15           Sec. 415.0065.  TRAINING FOR COMMISSION MEMBERS.  (a)  To be

5-16     eligible to take office as a member of the commission, a person

5-17     appointed to the commission must complete at least one course of a

5-18     training program that complies with this section.

5-19           (b)  The training program must provide information to the

5-20     person regarding:

5-21                 (1)  the enabling legislation that created the

5-22     commission and its policymaking body to which the person is

5-23     appointed to serve;

5-24                 (2)  the programs operated by the commission;

5-25                 (3)  the role and functions of the commission;

5-26                 (4)  the rules of the commission with an emphasis on

5-27     the rules that relate to disciplinary and investigatory authority;

 6-1                 (5)  the current budget for the commission;

 6-2                 (6)  the results of the most recent formal audit of the

 6-3     commission;

 6-4                 (7)  the requirements of the:

 6-5                       (A)  open meetings law, Chapter 551, Government

 6-6     Code;

 6-7                       (B)  open records law, Chapter 552, Government

 6-8     Code; and

 6-9                       (C)  administrative procedure law, Chapter 2001,

6-10     Government Code;

6-11                 (8)  the requirements of the conflict of interests laws

6-12     and other laws relating to public officials; and

6-13                 (9)  any applicable ethics policies adopted by the

6-14     commission or the Texas Ethics Commission.

6-15           (c)  A person appointed to the commission is entitled to

6-16     reimbursement for travel expenses incurred in attending the

6-17     training program, as provided by the General Appropriations Act and

6-18     as if the person were a member of the commission.

6-19           SECTION 6.  Section 415.007, Government Code, is amended to

6-20     read as follows:

6-21           Sec. 415.007.  Commission Officers; Quorum; Voting.  (a)  The

6-22     governor shall designate a member of the commission as the

6-23     presiding officer of the commission to serve in that capacity at

6-24     the pleasure of the governor.

6-25           (b)  At its first meeting after appointment of members to

6-26     serve regular terms, the commission shall elect from among its

6-27     appointed members an assistant presiding officer [a chairman,

 7-1     vice-chairman,] and a secretary.

 7-2           (c) [(b)]  Five members, excluding ex officio members,

 7-3     constitute a quorum.

 7-4           (d) [(c)]  An ex officio member may not vote.

 7-5           SECTION 7.  Section 415.009, Government Code, is amended to

 7-6     read as follows:

 7-7           Sec.  415.009. MEETINGS.  (a)  The commission shall develop

 7-8     and implement policies that provide the public with a reasonable

 7-9     opportunity to appear before the commission and to speak on any

7-10     issue under the jurisdiction of the commission.

7-11           (b)  The commission shall meet at least once during each

7-12     biennium to receive public comment on training and standards for

7-13     officers and county jailers.  Within a reasonable time after the

7-14     meeting, the commission shall report to the governor and

7-15     legislature findings and recommendations resulting from the

7-16     meeting.

7-17           (c) [(b)]  The commission may meet at other times and places

7-18     in this state that it considers proper.  The presiding officer

7-19     [chairman] may call a meeting on the officer's [chairman's] own

7-20     motion and shall call a meeting on the written request of five

7-21     members.

7-22           (d) [(c)]  Except as provided by Sections 415.058 and

7-23     415.0581, the commission is subject to the open meetings law,

7-24     Chapter 551, and the administrative procedure law, Chapter 2001.

7-25           SECTION 8.  Subchapter A, Chapter 415, Government Code, is

7-26     amended by adding Section 415.0101 to read as follows:

7-27           Sec. 415.0101.  POLICY-MAKING.  The commission shall develop

 8-1     and implement policies that clearly separate the policy-making

 8-2     responsibilities of the commission and the management

 8-3     responsibilities of the executive director and the staff of the

 8-4     commission.

 8-5           SECTION 9.  Subchapter A, Chapter 415, Government Code, is

 8-6     amended by adding Section 415.0105 to read as follows:

 8-7           Sec. 415.0105.  STANDARDS OF CONDUCT.  The executive director

 8-8     or the executive director's designee shall provide to members of

 8-9     the commission and to commission employees, as often as necessary,

8-10     information regarding their qualification for office or employment

8-11     under this chapter and their responsibilities under applicable laws

8-12     relating to standards of conduct for state officers or employees.

8-13           SECTION 10.  Section 415.011, Government Code, is amended by

8-14     amending Subsection (a) and adding Subsection (c) to read as

8-15     follows:

8-16           (a)  The commission shall prepare annually [During January of

8-17     each year, the commission shall file  with the governor and the

8-18     presiding officer of each house of the legislature] a complete and

8-19     detailed written report accounting for all funds received and

8-20     disbursed by the commission during the preceding fiscal year.  The

8-21     annual report must meet the reporting requirements applicable to

8-22     financial reporting provided in the General Appropriations Act.

8-23           (c) All money paid to the commission under this chapter is

8-24     subject to  Subchapter F, Chapter 404.

8-25           SECTION 11.  Section 415.013, Government Code, is amended to

8-26     read as follows:

8-27           Sec. 415.013.  EMPLOYMENT PRACTICES.  (a)  The executive

 9-1     director of the commission or the executive director's designee

 9-2     shall develop an intra-agency [a] career ladder program that

 9-3     addresses opportunities for mobility and advancement for employees

 9-4     within the agency.  The  program shall require intra-agency posting

 9-5     of all positions concurrently with any public posting [must require

 9-6     that openings in all positions  except entry level positions be

 9-7     posted within the commission for at least 10 days before they are

 9-8     posted for the public].

 9-9           (b)  The executive director or the executive director's

9-10     designee shall develop a system of annual performance evaluations

9-11     that are [evaluation] based on documented employee  performance

9-12     [measurable job tasks].  All merit [Merit] pay for commission

9-13     employees must be based on this system.                

9-14           (c)  The executive director or the executive director's

9-15     designee shall prepare and maintain a written policy statement

9-16     [plan] to assure implementation of a program of equal employment

9-17     opportunity under which all personnel transactions are made without

9-18     regard to race, color, disability, sex, religion, age, or national

9-19     origin.  [The plan must cover an annual period and be updated

9-20     annually.]  The policy statement [plan] must include:

9-21                 (1)  personnel policies, including policies relating to

9-22     recruitment, evaluation, selection, appointment, training, and

9-23     promotion of personnel that are in compliance with requirements of

9-24     Chapter 21, Labor Code;

9-25                 (2)  a comprehensive analysis of the commission

9-26     workforce that meets federal and state laws, rules, and regulations

9-27     and instructions promulgated directly from those laws, rules, and

 10-1    regulations;

 10-2                (3)  procedures by which a determination can be made

 10-3    about the extent of underuse in the commission workforce of all

 10-4    persons for whom federal or state laws, rules, and regulations and

 10-5    instructions promulgated directly from those laws, rules, and

 10-6    regulations encourage a more equitable balance; and

 10-7                (4)  reasonable methods to appropriately address those

 10-8    areas of underuse.

 10-9          (d)  A policy statement prepared under Subsection (c) must

10-10    cover an annual period, be updated annually and reviewed by the

10-11    Commission on Human Rights for compliance with Subsection (c)(1),

10-12    and be filed with the governor's office.

10-13          (e)  The governor's office shall deliver a biennial report to

10-14    the legislature based on the information received under Subsection

10-15    (d).  The report may be made separately or as a part of other

10-16    biennial reports made to the legislature [a comprehensive analysis

10-17    of the commission's employees by race, sex, ethnic background,

10-18    class of position, and salary or wage;]

10-19                [(2)  plans for recruitment, evaluation, selection,

10-20    appointment, training, promotion, and other personnel policies;]

10-21                [(3)  steps reasonably designed to overcome identified

10-22    underuse of minorities and women in the agency's work force; and]

10-23                [(4)  objectives, goals, timetables for achievement of

10-24    the objectives and goals, and assignment of responsibility for

10-25    their achievement.]

10-26          [(d)  Before May 1 and December 1 of each year the commission

10-27    shall submit a progress report to the governor.  The report must

 11-1    include a statement of the steps that the commission has taken

 11-2    during the previous six months to comply with the requirements of

 11-3    Subsection (c)].

 11-4          SECTION 12.  Subchapter A, Chapter 415, Government Code, is

 11-5    amended by adding Section 415.0145 to read as follows:

 11-6          Sec. 415.0145.  ACCESSIBILITY.  The commission shall comply

 11-7    with federal and state laws related to program and  facility

 11-8    accessibility.  The commission shall also prepare and maintain a

 11-9    written plan that describes how a person who does not speak English

11-10    can be provided reasonable access to the commission's programs and

11-11    services.

11-12          SECTION 13.  Subchapter B, Chapter 415, Government Code, is

11-13    amended by adding Section 415.0315 to read as follows:

11-14          Sec. 415.0315.  INSPECTIONS.  (a)  The commission shall

11-15    develop a risk assessment method to determine the relative

11-16    performance of schools conducting training courses for officers,

11-17    county jailers, or recruits.  The commission shall base its

11-18    schedule for inspection of schools on the results of its risk

11-19    assessment.

11-20          (b)  The risk assessment method shall include consideration

11-21    of the following:

11-22                (1)  the scores on the basic peace officer exam of

11-23    students enrolled in a school;

11-24                (2)  the past inspection records of a school;

11-25                (3)  a self-assessment performed by a school in a

11-26    noninspection year; and

11-27                (4)  a random element to ensure periodic inspection of

 12-1    each school.

 12-2          SECTION 14.  Section 415.035, Government Code, is amended to

 12-3    read as follows:

 12-4          Sec. 415.035.  WEAPONS PROFICIENCY.  (a)  An entity that

 12-5    employs more than two peace officers shall designate a firearms

 12-6    proficiency officer and require each peace officer that it employs

 12-7    to demonstrate to that officer, at least once each year, weapons

 12-8    proficiency.  The entity shall maintain records of this

 12-9    proficiency.

12-10          (b)  On request, the commission may waive the requirement

12-11    under Subsection (a) that a peace officer demonstrate weapons

12-12    proficiency if the commission finds that the requirement causes a

12-13    hardship.

12-14          (c)  The commission shall adopt rules to define weapons

12-15    proficiency for the purpose of this section.

12-16          SECTION 15.  Subchapter C, Chapter 415, Government Code, is

12-17    amended by adding Section 415.0595 to read as follows:

12-18          Sec. 415.0595.  COMPLAINTS.  (a) The commission shall keep a

12-19    file about each written complaint filed with the commission that

12-20    the commission has authority to resolve.  The commission shall

12-21    provide to the person filing the complaint and the persons or

12-22    entities complained about the commission's policies and procedures

12-23    pertaining to complaint investigation and resolution.  The

12-24    commission, at least quarterly and until final disposition of the

12-25    complaint, shall notify the person filing the complaint and the

12-26    persons or entities complained about of the status of the complaint

12-27    unless the notice would jeopardize an undercover investigation.

 13-1          (b)  The commission shall keep information about each

 13-2    complaint filed with the commission.  The information shall

 13-3    include:

 13-4                (1)  the date the complaint is received;

 13-5                (2)  the name of the complainant;

 13-6                (3)  the subject matter of the complaint;

 13-7                (4)  a record of all persons contacted in relation to

 13-8    the complaint;

 13-9                (5)  a summary of the results of the review or

13-10    investigation of the complaint; and

13-11                (6)  for complaints for which the agency took no

13-12    action, an explanation of the reason the complaint was closed

13-13    without action.

13-14          SECTION 16.  Sections 415.060(b) and (c), Government Code,

13-15    are amended to read as follows:

13-16          (b)  The commission shall revoke or suspend a license, place

13-17    on probation a person whose license has been suspended, or

13-18    reprimand a licensee for a violation of this chapter or a rule of

13-19    the commission, and the commission may by rule provide for any

13-20    other necessary enforcement procedures.  Except as provided by

13-21    Sections 415.058 and 415.0581, a person whose license the

13-22    commission proposes to suspend or revoke is entitled to a hearing

13-23    [before the commission].  When a person whose license is suspended

13-24    under Section 415.058(b) is released from community supervision,

13-25    the license may be reinstated under commission rules.

13-26          [(c)  The commission shall keep an information file about

13-27    each complaint filed with the commission relating to a licensee.

 14-1    If a written complaint is filed with the commission relating to a

 14-2    licensee, the commission, at least quarterly until final

 14-3    disposition of the complaint, shall notify the parties to the

 14-4    complaint of the status of the complaint, unless the notice would

 14-5    jeopardize an undercover investigation.]

 14-6          SECTION 17.  Subchapter C, Chapter 415, Government Code, is

 14-7    amended by adding Section 415.0605 to read as follows:

 14-8          Sec. 415.0605.  HEARING.  If the commission  proposes to

 14-9    suspend, revoke, or refuse to renew a person's license, the person

14-10    is entitled to a hearing conducted by the State Office of

14-11    Administrative Hearings.  Proceedings for a disciplinary action are

14-12    governed by the administrative procedure law, Chapter 2001.  Rules

14-13    of practice adopted by the commission under Section 2001.004

14-14    applicable to the proceedings for a disciplinary action may not

14-15    conflict with rules adopted by the State Office of Administrative

14-16    Hearings.

14-17          SECTION 18.  Section 415.062(a), Government Code, is amended

14-18    to read as follows:

14-19          (a)  The commission shall issue certificates that recognize

14-20    professional achievement or proficiency based on law enforcement

14-21    training, education, and experience.  For this purpose the

14-22    commission shall use the employment records of the employing

14-23    agency.

14-24                (1)  The commission as a requirement for a basic

14-25    proficiency certificate shall require local courses or programs of

14-26    instruction on federal and state statutes that relate to employment

14-27    issues affecting peace officers and county jailers, including:

 15-1                      (A)  civil service;

 15-2                      (B)  compensation, including overtime

 15-3    compensation, and vacation time;

 15-4                      (C)  personnel files and other employee records;

 15-5                      (D)  management-employee relations in law

 15-6    enforcement organizations;

 15-7                      (E)  work-related injuries;

 15-8                      (F)  complaints and investigations of employee

 15-9    misconduct; and

15-10                      (G)  disciplinary actions and the appeal of

15-11    disciplinary actions.

15-12                (2)  The employing agency shall be responsible for

15-13    providing this training.

15-14          SECTION 19.  The changes in law made by this Act in the

15-15    qualifications of, and the prohibitions applying to, members of the

15-16    Commission on Law Enforcement Officer Standards and Education do

15-17    not affect the entitlement of a member serving on the commission

15-18    immediately before August 29, 1997, to continue to carry out the

15-19    functions of the commission for the remainder of the member's term.

15-20    The changes in law apply only to a member appointed on or after

15-21    August 29, 1997.  This Act does not prohibit a person who is a

15-22    member of the commission on August 29, 1997, from being reappointed

15-23    to the commission if the person has the qualifications required for

15-24    a member under Chapter 415, Government Code, as amended by this

15-25    Act.

15-26          SECTION 20.  (a)  Notwithstanding Section 415.004(c),

15-27    Government Code, and for the purpose of coming into compliance with

 16-1    Section 415.004(b), Government Code, as amended by this Act, the

 16-2    governor shall appoint members to the Commission on Law Enforcement

 16-3    Officer Standards and Education, as current terms expire, in

 16-4    accordance with this section.

 16-5          (b)  When appointing a member to the position of the member

 16-6    who is a commission licensee and who is not a sheriff,  constable,

 16-7    or chief of police, and whose term expires on August 30, 1997, the

 16-8    governor shall appoint a member to a term expiring on August 30,

 16-9    1999.  When appointing members to the positions of the two members

16-10    who are a sheriff, constable, or chief of police, and whose terms

16-11    expire on August 30, 1997, the governor shall appoint one member to

16-12    a term expiring on August 30, 1999, and one member to a term

16-13    expiring on August 30, 2003.  As those terms expire, the governor

16-14    shall appoint members to full six-year terms.

16-15          (c)  When appointing members to the positions of the three

16-16    public members whose terms expire on August 30, 1999, the governor

16-17    shall appoint one member to a term expiring on August 30, 2001, one

16-18    member to a term expiring on August 30, 2003, and one member to a

16-19    term expiring on August 30, 2005.  As those terms expire, the

16-20    governor shall appoint members to full six-year terms.

16-21          (d)  When appointing members to the positions of the two

16-22    members who are commission licensees, who are not a sheriff,

16-23    constable, or chief of police, and whose terms expire on August 30,

16-24    2001, the governor shall appoint one member to a term expiring on

16-25    August 30, 2003, and one member to a term expiring on August 30,

16-26    2007.  As those terms expire, the governor shall appoint members to

16-27    full six-year terms.

 17-1          (e)  A term not specifically addressed by this section is a

 17-2    six-year term.

 17-3          SECTION 21.  This Act takes effect August 29, 1997.

 17-4          SECTION 22.  The importance of this legislation and the

 17-5    crowded condition of the calendars in both houses create an

 17-6    emergency and an imperative public necessity that the

 17-7    constitutional rule requiring bills to be read on three several

 17-8    days in each house be suspended, and this rule is hereby suspended,

 17-9    and that this Act take effect and be in force according to its

17-10    terms, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1856 was passed by the House on May

         1, 1997, by the following vote:  Yeas 143, Nays 0, 1 present, not

         voting; and that the House concurred in Senate amendments to H.B.

         No. 1856 on May 30, 1997, by the following vote:  Yeas 138, Nays 0,

         2 present, not voting and that the House adopted H.C.R. No. 335

         authorizing certain corrections in H.B. No. 1856 on June 1, 1997,

         by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1856 was passed by the Senate, with

         amendments, on May 18, 1997, by the following vote:  Yeas 29, Nays

         0 and that the Senate adopted H.C.R. No. 335 authorizing certain

         corrections in H.B. No. 1856 on June 2, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor