75R10954 SAW-D
By Telford H.B. No. 1856
Substitute the following for H.B. No. 1856:
By Oakley C.S.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.
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 unless the absence is excused by majority
5-4 vote of the commission [415.005(b) or (c)].
5-5 (c) If the executive director has knowledge that a potential
5-6 ground for removal exists, the executive director shall notify the
5-7 presiding officer of the commission of the potential ground. The
5-8 presiding officer shall then notify the governor and the attorney
5-9 general that a potential ground for removal exists. If the
5-10 potential ground for removal involves the presiding officer, the
5-11 executive director shall notify the next highest ranking officer of
5-12 the commission, who shall notify the governor and the attorney
5-13 general that a potential ground for removal exists.
5-14 SECTION 5. Subchapter A, Chapter 415, Government Code, is
5-15 amended by adding Section 415.0065 to read as follows:
5-16 Sec. 415.0065. COMMISSION MEMBER TRAINING. (a) Before a
5-17 member of the commission may assume the member's duties and before
5-18 the member may be confirmed by the senate, the member must complete
5-19 at least one course of the training program established under this
5-20 section.
5-21 (b) A training program established under this section shall
5-22 provide information to the member regarding:
5-23 (1) the enabling legislation that created the
5-24 commission;
5-25 (2) the programs operated by the commission;
5-26 (3) the role and functions of the commission;
5-27 (4) the rules of the commission with an emphasis on
6-1 the rules that relate to disciplinary and investigatory authority;
6-2 (5) the current budget for the commission;
6-3 (6) the results of the most recent formal audit of the
6-4 commission;
6-5 (7) the requirements of the:
6-6 (A) open meetings law, Chapter 551;
6-7 (B) open records law, Chapter 552; and
6-8 (C) administrative procedure law, Chapter 2001;
6-9 (8) the requirements of the conflict of interest laws
6-10 and other laws relating to public officials; and
6-11 (9) any applicable ethics policies adopted by the
6-12 commission or the Texas Ethics Commission.
6-13 SECTION 6. Section 415.007, Government Code, is amended to
6-14 read as follows:
6-15 Sec. 415.007. Commission Officers; Quorum; Voting. (a) The
6-16 governor shall designate a member of the commission as the
6-17 presiding officer of the commission to serve in that capacity at
6-18 the pleasure of the governor.
6-19 (b) At its first meeting after appointment of members to
6-20 serve regular terms, the commission shall elect from among its
6-21 appointed members an assistant presiding officer [a chairman,
6-22 vice-chairman,] and a secretary.
6-23 (c) [(b)] Five members, excluding ex officio members,
6-24 constitute a quorum.
6-25 (d) [(c)] An ex officio member may not vote.
6-26 SECTION 7. Section 415.009, Government Code, is amended to
6-27 read as follows:
7-1 Sec. 415.009. MEETINGS. (a) The commission shall develop
7-2 and implement policies that provide the public with a reasonable
7-3 opportunity to appear before the commission and to speak on any
7-4 issue under the jurisdiction of the commission.
7-5 (b) The commission shall meet at least once during each
7-6 biennium to receive public comment on training and standards for
7-7 officers and county jailers. Within a reasonable time after the
7-8 meeting, the commission shall report to the governor and
7-9 legislature findings and recommendations resulting from the
7-10 meeting.
7-11 (c) [(b)] The commission may meet at other times and places
7-12 in this state that it considers proper. The presiding officer
7-13 [chairman] may call a meeting on the officer's [chairman's] own
7-14 motion and shall call a meeting on the written request of five
7-15 members.
7-16 (d) [(c)] Except as provided by Sections 415.058 and
7-17 415.0581, the commission is subject to the open meetings law,
7-18 Chapter 551, and the administrative procedure law, Chapter 2001.
7-19 SECTION 8. Subchapter A, Chapter 415, Government Code, is
7-20 amended by adding Section 415.0101 to read as follows:
7-21 Sec. 415.0101. POLICY-MAKING. The commission shall develop
7-22 and implement policies that clearly separate the policy-making
7-23 responsibilities of the commission and the management
7-24 responsibilities of the executive director and the staff of the
7-25 commission.
7-26 SECTION 9. Subchapter A, Chapter 415, Government Code, is
7-27 amended by adding Section 415.0105 to read as follows:
8-1 Sec. 415.0105. STANDARDS OF CONDUCT. The executive director
8-2 or the executive director's designee shall provide to members of
8-3 the commission and to commission employees, as often as necessary,
8-4 information regarding their qualification for office or employment
8-5 under this chapter and their responsibilities under applicable laws
8-6 relating to standards of conduct for state officers or employees.
8-7 SECTION 10. Section 415.011, Government Code, is amended by
8-8 amending Subsection (a) and adding Subsection (c) to read as
8-9 follows:
8-10 (a) The commission shall prepare annually [During January of
8-11 each year, the commission shall file with the governor and the
8-12 presiding officer of each house of the legislature] a complete and
8-13 detailed written report accounting for all funds received and
8-14 disbursed by the commission during the preceding fiscal year. The
8-15 annual report must meet the reporting requirements applicable to
8-16 financial reporting provided in the General Appropriations Act.
8-17 (c) All money paid to the commission under this chapter is
8-18 subject to Subchapter F, Chapter 404.
8-19 SECTION 11. Section 415.013, Government Code, is amended to
8-20 read as follows:
8-21 Sec. 415.013. EMPLOYMENT PRACTICES. (a) The executive
8-22 director of the commission or the executive director's designee
8-23 shall develop an intra-agency [a] career ladder program that
8-24 addresses opportunities for mobility and advancement for employees
8-25 within the agency. The program shall require intra-agency posting
8-26 of all positions concurrently with any public posting [must require
8-27 that openings in all positions except entry level positions be
9-1 posted within the commission for at least 10 days before they are
9-2 posted for the public].
9-3 (b) The executive director or the executive director's
9-4 designee shall develop a system of annual performance evaluations
9-5 that are [evaluation] based on documented employee performance
9-6 [measurable job tasks]. All merit [Merit] pay for commission
9-7 employees must be based on this system.
9-8 (c) The executive director or the executive director's
9-9 designee shall prepare and maintain a written policy statement
9-10 [plan] to assure implementation of a program of equal employment
9-11 opportunity under which all personnel transactions are made without
9-12 regard to race, color, disability, sex, religion, age, or national
9-13 origin. [The plan must cover an annual period and be updated
9-14 annually.] The policy statement [plan] must include:
9-15 (1) personnel policies, including policies relating to
9-16 recruitment, evaluation, selection, appointment, training, and
9-17 promotion of personnel that are in compliance with requirements of
9-18 Chapter 21, Labor Code;
9-19 (2) a comprehensive analysis of the commission
9-20 workforce that meets federal and state guidelines;
9-21 (3) procedures by which a determination can be made
9-22 about the extent of underuse in the commission workforce of all
9-23 persons for whom federal or state guidelines encourage a more
9-24 equitable balance; and
9-25 (4) reasonable methods to appropriately address those
9-26 areas of underuse.
9-27 (d) A policy statement prepared under Subsection (c) must
10-1 cover an annual period, be updated annually and reviewed by the
10-2 Commission on Human Rights for compliance with Subsection (c)(1),
10-3 and be filed with the governor's office.
10-4 (e) The governor's office shall deliver a biennial report to
10-5 the legislature based on the information received under Subsection
10-6 (d). The report may be made separately or as a part of other
10-7 biennial reports made to the legislature [a comprehensive analysis
10-8 of the commission's employees by race, sex, ethnic background,
10-9 class of position, and salary or wage;]
10-10 [(2) plans for recruitment, evaluation, selection,
10-11 appointment, training, promotion, and other personnel policies;]
10-12 [(3) steps reasonably designed to overcome identified
10-13 underuse of minorities and women in the agency's work force; and]
10-14 [(4) objectives, goals, timetables for achievement of
10-15 the objectives and goals, and assignment of responsibility for
10-16 their achievement.]
10-17 [(d) Before May 1 and December 1 of each year the commission
10-18 shall submit a progress report to the governor. The report must
10-19 include a statement of the steps that the commission has taken
10-20 during the previous six months to comply with the requirements of
10-21 Subsection (c)].
10-22 SECTION 12. Subchapter A, Chapter 415, Government Code, is
10-23 amended by adding Section 415.0145 to read as follows:
10-24 Sec. 415.0145. ACCESSIBILITY. The commission shall comply
10-25 with federal and state laws related to program and facility
10-26 accessibility. The commission shall also prepare and maintain a
10-27 written plan that describes how a person who does not speak English
11-1 can be provided reasonable access to the commission's programs and
11-2 services.
11-3 SECTION 13. Subchapter B, Chapter 415, Government Code, is
11-4 amended by adding Section 415.0315 to read as follows:
11-5 Sec. 415.0315. INSPECTIONS. (a) The commission shall
11-6 develop a risk assessment method to determine the relative
11-7 performance of schools conducting training courses for officers,
11-8 county jailers, or recruits. The commission shall base its
11-9 schedule for inspection of schools on the results of its risk
11-10 assessment.
11-11 (b) The risk assessment method shall include consideration
11-12 of the following:
11-13 (1) the scores on the basic peace officer exam of
11-14 students enrolled in a school;
11-15 (2) the past inspection records of a school;
11-16 (3) a self-assessment performed by a school in a
11-17 noninspection year; and
11-18 (4) a random element to ensure periodic inspection of
11-19 each school.
11-20 SECTION 14. Subchapter C, Chapter 415, Government Code, is
11-21 amended by adding Section 415.0595 to read as follows:
11-22 Sec. 415.0595. COMPLAINTS. (a) The commission shall keep a
11-23 file about each written complaint filed with the commission that
11-24 the commission has authority to resolve. The commission shall
11-25 provide to the person filing the complaint and the persons or
11-26 entities complained about the commission's policies and procedures
11-27 pertaining to complaint investigation and resolution. The
12-1 commission, at least quarterly and until final disposition of the
12-2 complaint, shall notify the person filing the complaint and the
12-3 persons or entities complained about of the status of the complaint
12-4 unless the notice would jeopardize an undercover investigation.
12-5 (b) The commission shall keep information about each
12-6 complaint filed with the commission. The information shall
12-7 include:
12-8 (1) the date the complaint is received;
12-9 (2) the name of the complainant;
12-10 (3) the subject matter of the complaint;
12-11 (4) a record of all persons contacted in relation to
12-12 the complaint;
12-13 (5) a summary of the results of the review or
12-14 investigation of the complaint; and
12-15 (6) for complaints for which the agency took no
12-16 action, an explanation of the reason the complaint was closed
12-17 without action.
12-18 SECTION 15. Sections 415.060(b) and (c), Government Code,
12-19 are amended to read as follows:
12-20 (b) The commission shall revoke or suspend a license, place
12-21 on probation a person whose license has been suspended, or
12-22 reprimand a licensee for a violation of this chapter or a rule of
12-23 the commission, and the commission may by rule provide for any
12-24 other necessary enforcement procedures. Except as provided by
12-25 Sections 415.058 and 415.0581, a person whose license the
12-26 commission proposes to suspend or revoke is entitled to a hearing
12-27 [before the commission]. When a person whose license is suspended
13-1 under Section 415.058(b) is released from community supervision,
13-2 the license may be reinstated under commission rules.
13-3 [(c) The commission shall keep an information file about
13-4 each complaint filed with the commission relating to a licensee.
13-5 If a written complaint is filed with the commission relating to a
13-6 licensee, the commission, at least quarterly until final
13-7 disposition of the complaint, shall notify the parties to the
13-8 complaint of the status of the complaint, unless the notice would
13-9 jeopardize an undercover investigation.]
13-10 SECTION 16. Subchapter C, Chapter 415, Government Code, is
13-11 amended by adding Section 415.0605 to read as follows:
13-12 Sec. 415.0605. HEARING. If the commission proposes to
13-13 suspend, revoke, or refuse to renew a person's license, the person
13-14 is entitled to a hearing conducted by the State Office of
13-15 Administrative Hearings. Proceedings for a disciplinary action are
13-16 governed by the administrative procedure law, Chapter 2001. Rules
13-17 of practice adopted by the commission under Section 2001.004
13-18 applicable to the proceedings for a disciplinary action may not
13-19 conflict with rules adopted by the State Office of Administrative
13-20 Hearings.
13-21 SECTION 17. The changes in law made by this Act in the
13-22 qualifications of, and the prohibitions applying to, members of the
13-23 Commission on Law Enforcement Officer Standards and Education do
13-24 not affect the entitlement of a member serving on the commission
13-25 immediately before August 29, 1997, to continue to carry out the
13-26 functions of the commission for the remainder of the member's term.
13-27 The changes in law apply only to a member appointed on or after
14-1 August 29, 1997. This Act does not prohibit a person who is a
14-2 member of the commission on August 29, 1997, from being reappointed
14-3 to the commission if the person has the qualifications required for
14-4 a member under Chapter 415, Government Code, as amended by this
14-5 Act.
14-6 SECTION 18. (a) Notwithstanding Section 415.004(c),
14-7 Government Code, and for the purpose of coming into compliance with
14-8 Section 415.004(b), Government Code, as amended by this Act, the
14-9 governor shall appoint members to the Commission on Law Enforcement
14-10 Officer Standards and Education, as current terms expire, in
14-11 accordance with this section.
14-12 (b) When appointing a member to the position of the member
14-13 who is a commission licensee and who is not a sheriff, constable,
14-14 or chief of police, and whose term expires on August 30, 1997, the
14-15 governor shall appoint a member to a term expiring on August 30,
14-16 1999. When appointing members to the positions of the two members
14-17 who are a sheriff, constable, or chief of police, and whose terms
14-18 expire on August 30, 1997, the governor shall appoint one member to
14-19 a term expiring on August 30, 1999, and one member to a term
14-20 expiring on August 30, 2003. As those terms expire, the governor
14-21 shall appoint members to full six-year terms.
14-22 (c) When appointing members to the positions of the three
14-23 public members whose terms expire on August 30, 1999, the governor
14-24 shall appoint one member to a term expiring on August 30, 2001, one
14-25 member to a term expiring on August 30, 2003, and one member to a
14-26 term expiring on August 30, 2005. As those terms expire, the
14-27 governor shall appoint members to full six-year terms.
15-1 (d) When appointing members to the positions of the two
15-2 members who are commission licensees, who are not a sheriff,
15-3 constable, or chief of police, and whose terms expire on August 30,
15-4 2001, the governor shall appoint one member to a term expiring on
15-5 August 30, 2003, and one member to a term expiring on August 30,
15-6 2007. As those terms expire, the governor shall appoint members to
15-7 full six-year terms.
15-8 (e) A term not specifically addressed by this section is a
15-9 six-year term.
15-10 SECTION 19. This Act takes effect August 29, 1997.
15-11 SECTION 20. The importance of this legislation and the
15-12 crowded condition of the calendars in both houses create an
15-13 emergency and an imperative public necessity that the
15-14 constitutional rule requiring bills to be read on three several
15-15 days in each house be suspended, and this rule is hereby suspended,
15-16 and that this Act take effect and be in force according to its
15-17 terms, and it is so enacted.