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