By Telford H.B. No. 1856
75R1789 SAW-D
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; or
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.
2-21 SECTION 3. Section 415.005, Government Code, is amended to
2-22 read as follows:
2-23 Sec. 415.005. CONFLICT OF INTEREST. (a) An officer,
2-24 employee, or paid consultant of a Texas trade association in the
2-25 field of law enforcement may not be a member of the commission or
2-26 an employee of the commission who is exempt from the state's
2-27 position classification plan or is compensated at or above the
3-1 amount prescribed by the General Appropriations Act for step 1,
3-2 salary group 17, of the position classification salary schedule.
3-3 (b) A person who is the spouse of an officer, manager, or
3-4 paid consultant of a Texas trade association in the field of law
3-5 enforcement may not be a member of the commission and may not be an
3-6 employee of the commission who is exempt from the state's position
3-7 classification plan or is compensated at or above the amount
3-8 prescribed by the General Appropriations Act for step 1, salary
3-9 group 17, of the position classification salary schedule.
3-10 (c) For the purposes of this section, a Texas trade
3-11 association is a nonprofit, cooperative, and voluntarily joined
3-12 association of business or professional competitors in this state
3-13 designed to assist its members and its industry or profession in
3-14 dealing with mutual business or professional problems and in
3-15 promoting their common interest.
3-16 (d) [A person is not eligible for appointment as a public
3-17 member if the person or the person's spouse:]
3-18 [(1) is licensed by an occupational regulatory agency
3-19 in the field of law enforcement;]
3-20 [(2) is employed by or participates in the management
3-21 of a business entity or other organization related to the field of
3-22 law enforcement; or]
3-23 [(3) has, other than as a consumer, a financial
3-24 interest in a business entity related to the field of law
3-25 enforcement.]
3-26 [(b) A member or employee of the commission may not be an
3-27 officer, employee, or paid consultant of a trade association in the
4-1 law enforcement industry, except an association the purpose and
4-2 membership of which is solely for the benefit of law enforcement
4-3 officers.]
4-4 [(c)] A person may not serve as a member of the commission
4-5 or act as the general counsel to the commission if the person is
4-6 required to register as a lobbyist under Chapter 305 because of the
4-7 person's activities for compensation [in or] on behalf of a
4-8 profession related to the operation of the commission [may not be a
4-9 member of or general counsel to the commission].
4-10 SECTION 4. Section 415.006, Government Code, is amended by
4-11 amending Subsection (a) and adding Subsection (c) to read as
4-12 follows:
4-13 (a) It is a ground for removal from the commission if a
4-14 member:
4-15 (1) does [did] not have at the time of appointment the
4-16 qualifications required by Section 415.004(b);
4-17 (2) [when appointed, or] does not maintain during
4-18 [the] service on the commission[,] the qualifications required by
4-19 Section [Sections] 415.004(b) [and 415.005(a)] for appointment to
4-20 the commission that the member is required to maintain; [or]
4-21 (3) [(2)] violates a prohibition established by
4-22 [under] Section 415.005;
4-23 (4) cannot because of illness or disability discharge
4-24 the member's duties for a substantial part of the term for which
4-25 the member is appointed; or
4-26 (5) is absent from more than half of the regularly
4-27 scheduled commission meetings that the member is eligible to attend
5-1 during a calendar year unless the absence is excused by majority
5-2 vote of the commission [415.005(b) or (c)].
5-3 (c) If the executive director has knowledge that a potential
5-4 ground for removal exists, the executive director shall notify the
5-5 presiding officer of the commission of the potential ground. The
5-6 presiding officer shall then notify the governor and the attorney
5-7 general that a potential ground for removal exists. If the
5-8 potential ground for removal involves the presiding officer, the
5-9 executive director shall notify the next highest ranking officer of
5-10 the commission, who shall notify the governor and the attorney
5-11 general that a potential ground for removal exists.
5-12 SECTION 5. Subchapter A, Chapter 415, Government Code, is
5-13 amended by adding Section 415.0065 to read as follows:
5-14 Sec. 415.0065. COMMISSION MEMBER TRAINING. (a) Before a
5-15 member of the commission may assume the member's duties and before
5-16 the member may be confirmed by the senate, the member must complete
5-17 at least one course of the training program established under this
5-18 section.
5-19 (b) A training program established under this section shall
5-20 provide information to the member regarding:
5-21 (1) the enabling legislation that created the
5-22 commission;
5-23 (2) the programs operated by the commission;
5-24 (3) the role and functions of the commission;
5-25 (4) the rules of the commission with an emphasis on
5-26 the rules that relate to disciplinary and investigatory authority;
5-27 (5) the current budget for the commission;
6-1 (6) the results of the most recent formal audit of the
6-2 commission;
6-3 (7) the requirements of the:
6-4 (A) open meetings law, Chapter 551;
6-5 (B) open records law, Chapter 552; and
6-6 (C) administrative procedure law, Chapter 2001;
6-7 (8) the requirements of the conflict of interest laws
6-8 and other laws relating to public officials; and
6-9 (9) any applicable ethics policies adopted by the
6-10 commission or the Texas Ethics Commission.
6-11 SECTION 6. Section 415.007, Government Code, is amended to
6-12 read as follows:
6-13 Sec. 415.007. Commission Officers; Quorum; Voting. (a) The
6-14 governor shall designate a member of the commission as the
6-15 presiding officer of the commission to serve in that capacity at
6-16 the pleasure of the governor.
6-17 (b) At its first meeting after appointment of members to
6-18 serve regular terms, the commission shall elect from among its
6-19 appointed members an assistant presiding officer [a chairman,
6-20 vice-chairman,] and a secretary.
6-21 (c) [(b)] Five members, excluding ex officio members,
6-22 constitute a quorum.
6-23 (d) [(c)] An ex officio member may not vote.
6-24 SECTION 7. Section 415.009, Government Code, is amended to
6-25 read as follows:
6-26 Sec. 415.009. MEETINGS. (a) The commission shall develop
6-27 and implement policies that provide the public with a reasonable
7-1 opportunity to appear before the commission and to speak on any
7-2 issue under the jurisdiction of the commission.
7-3 (b) The commission shall meet at least once during each
7-4 biennium to receive public comment on training and standards for
7-5 officers and county jailers. Within a reasonable time after the
7-6 meeting, the commission shall report to the governor and
7-7 legislature findings and recommendations resulting from the
7-8 meeting.
7-9 (c) [(b)] The commission may meet at other times and places
7-10 in this state that it considers proper. The presiding officer
7-11 [chairman] may call a meeting on the officer's [chairman's] own
7-12 motion and shall call a meeting on the written request of five
7-13 members.
7-14 (d) [(c)] Except as provided by Sections 415.058 and
7-15 415.0581, the commission is subject to the open meetings law,
7-16 Chapter 551, and the administrative procedure law, Chapter 2001.
7-17 SECTION 8. Subchapter A, Chapter 415, Government Code, is
7-18 amended by adding Section 415.0101 to read as follows:
7-19 Sec. 415.0101. The commission shall develop and implement
7-20 policies that clearly separate the policy-making responsibilities
7-21 of the commission and the management responsibilities of the
7-22 executive director and the staff of the commission.
7-23 SECTION 9. Subchapter A, Chapter 415, Government Code, is
7-24 amended by adding Section 415.0105 to read as follows:
7-25 Sec. 415.0105. STANDARDS OF CONDUCT. The executive director
7-26 or the executive director's designee shall provide to members of
7-27 the commission and to commission employees, as often as necessary,
8-1 information regarding their qualification for office or employment
8-2 under this chapter and their responsibilities under applicable laws
8-3 relating to standards of conduct for state officers or employees.
8-4 SECTION 10. Section 415.011, Government Code, is amended by
8-5 amending Subsection (a) and adding Subsection (c) to read as
8-6 follows:
8-7 (a) The commission shall prepare annually [During January of
8-8 each year, the commission shall file with the governor and the
8-9 presiding officer of each house of the legislature] a complete and
8-10 detailed written report accounting for all funds received and
8-11 disbursed by the commission during the preceding fiscal year. The
8-12 annual report must meet the reporting requirements applicable to
8-13 financial reporting provided in the General Appropriations Act.
8-14 (c) All money paid to the commission under this chapter is
8-15 subject to Subchapter F, Chapter 404.
8-16 SECTION 11. Section 415.013, Government Code, is amended to
8-17 read as follows:
8-18 Sec. 415.013. EMPLOYMENT PRACTICES. (a) The executive
8-19 director of the commission or the executive director's designee
8-20 shall develop an intra-agency [a] career ladder program that
8-21 addresses opportunities for mobility and advancement for employees
8-22 within the agency. The program shall require intra-agency posting
8-23 of all positions concurrently with any public posting [must require
8-24 that openings in all positions except entry level positions be
8-25 posted within the commission for at least 10 days before they are
8-26 posted for the public].
8-27 (b) The executive director or the executive director's
9-1 designee shall develop a system of annual performance evaluations
9-2 that are [evaluation] based on documented employee performance
9-3 [measurable job tasks]. All merit [Merit] pay for commission
9-4 employees must be based on this system.
9-5 (c) The executive director or the executive director's
9-6 designee shall prepare and maintain a written policy statement
9-7 [plan] to assure implementation of a program of equal employment
9-8 opportunity under which all personnel transactions are made without
9-9 regard to race, color, disability, sex, religion, age, or national
9-10 origin. [The plan must cover an annual period and be updated
9-11 annually.] The policy statement [plan] must include:
9-12 (1) personnel policies, including policies relating to
9-13 recruitment, evaluation, selection, appointment, training, and
9-14 promotion of personnel that are in compliance with requirements of
9-15 Chapter 21, Labor Code;
9-16 (2) a comprehensive analysis of the commission
9-17 workforce that meets federal and state guidelines;
9-18 (3) procedures by which a determination can be made
9-19 about the extent of underuse in the commission workforce of all
9-20 persons for whom federal or state guidelines encourage a more
9-21 equitable balance; and
9-22 (4) reasonable methods to appropriately address those
9-23 areas of underuse.
9-24 (d) A policy statement prepared under Subsection (c) must
9-25 cover an annual period, be updated annually and reviewed by the
9-26 Commission on Human Rights for compliance with Subsection (c)(1),
9-27 and be filed with the governor's office.
10-1 (e) The governor's office shall deliver a biennial report to
10-2 the legislature based on the information received under Subsection
10-3 (d). The report may be made separately or as a part of other
10-4 biennial reports made to the legislature [a comprehensive analysis
10-5 of the commission's employees by race, sex, ethnic background,
10-6 class of position, and salary or wage;]
10-7 [(2) plans for recruitment, evaluation, selection,
10-8 appointment, training, promotion, and other personnel policies;]
10-9 [(3) steps reasonably designed to overcome identified
10-10 underuse of minorities and women in the agency's work force; and]
10-11 [(4) objectives, goals, timetables for achievement of
10-12 the objectives and goals, and assignment of responsibility for
10-13 their achievement.]
10-14 [(d) Before May 1 and December 1 of each year the commission
10-15 shall submit a progress report to the governor. The report must
10-16 include a statement of the steps that the commission has taken
10-17 during the previous six months to comply with the requirements of
10-18 Subsection (c)].
10-19 SECTION 12. Subchapter A, Chapter 415, Government Code, is
10-20 amended by adding Section 415.0145 to read as follows:
10-21 Sec. 415.0145. ACCESSIBILITY. The commission shall comply
10-22 with federal and state laws related to program and facility
10-23 accessibility. The commission shall also prepare and maintain a
10-24 written plan that describes how a person who does not speak English
10-25 can be provided reasonable access to the commission's programs and
10-26 services.
10-27 SECTION 13. Subchapter B, Chapter 415, Government Code, is
11-1 amended by adding Section 415.0315 to read as follows:
11-2 Sec. 415.0315. INSPECTIONS. (a) The commission shall
11-3 develop a risk assessment method to determine the relative
11-4 performance of schools conducting training courses for officers,
11-5 county jailers, or recruits. The commission shall base its
11-6 schedule for inspection of schools on the results of its risk
11-7 assessment.
11-8 (b) The risk assessment method shall include consideration
11-9 of the following:
11-10 (1) the scores on the basic peace officer exam of
11-11 students enrolled in a school;
11-12 (2) the past inspection records of a school;
11-13 (3) a self-assessment performed by a school in a
11-14 noninspection year; and
11-15 (4) a random element to ensure periodic inspection of
11-16 each school.
11-17 SECTION 14. Subchapter C, Chapter 415, Government Code, is
11-18 amended by adding Section 415.0595 to read as follows:
11-19 Sec. 415.0595. COMPLAINTS. (a) The commission shall keep a
11-20 file about each written complaint filed with the commission that
11-21 the commission has authority to resolve. The commission shall
11-22 provide to the person filing the complaint and the persons or
11-23 entities complained about the commission's policies and procedures
11-24 pertaining to complaint investigation and resolution. The
11-25 commission, at least quarterly and until final disposition of the
11-26 complaint, shall notify the person filing the complaint and the
11-27 persons or entities complained about of the status of the complaint
12-1 unless the notice would jeopardize an undercover investigation.
12-2 (b) The commission shall keep information about each
12-3 complaint filed with the commission. The information shall
12-4 include:
12-5 (1) the date the complaint is received;
12-6 (2) the name of the complainant;
12-7 (3) the subject matter of the complaint;
12-8 (4) a record of all persons contacted in relation to
12-9 the complaint;
12-10 (5) a summary of the results of the review or
12-11 investigation of the complaint; and
12-12 (6) for complaints for which the agency took no
12-13 action, an explanation of the reason the complaint was closed
12-14 without action.
12-15 SECTION 15. Sections 415.060(b) and (c), Government Code,
12-16 are amended to read as follows:
12-17 (b) The commission shall revoke or suspend a license, place
12-18 on probation a person whose license has been suspended, or
12-19 reprimand a licensee for a violation of this chapter or a rule of
12-20 the commission, and the commission may by rule provide for any
12-21 other necessary enforcement procedures. Except as provided by
12-22 Sections 415.058 and 415.0581, a person whose license the
12-23 commission proposes to suspend or revoke is entitled to a hearing
12-24 [before the commission]. When a person whose license is suspended
12-25 under Section 415.058(b) is released from community supervision,
12-26 the license may be reinstated under commission rules.
12-27 [(c) The commission shall keep an information file about
13-1 each complaint filed with the commission relating to a licensee.
13-2 If a written complaint is filed with the commission relating to a
13-3 licensee, the commission, at least quarterly until final
13-4 disposition of the complaint, shall notify the parties to the
13-5 complaint of the status of the complaint, unless the notice would
13-6 jeopardize an undercover investigation.]
13-7 SECTION 16. Subchapter C, Chapter 415, Government Code, is
13-8 amended by adding Section 415.0605 to read as follows:
13-9 Sec. 415.0605. HEARING. If the commission proposes to
13-10 suspend, revoke, or refuse to renew a person's license, the person
13-11 is entitled to a hearing conducted by the State Office of
13-12 Administrative Hearings. Proceedings for a disciplinary action are
13-13 governed by the administrative procedure law, Chapter 2001. Rules
13-14 of practice adopted by the commission under Section 2001.004
13-15 applicable to the proceedings for a disciplinary action may not
13-16 conflict with rules adopted by the State Office of Administrative
13-17 Hearings.
13-18 SECTION 17. The changes in law made by this Act in the
13-19 qualifications of, and the prohibitions applying to, members of the
13-20 Commission on Law Enforcement Officer Standards and Education do
13-21 not affect the entitlement of a member serving on the commission
13-22 immediately before August 29, 1997, to continue to carry out the
13-23 functions of the commission for the remainder of the member's term.
13-24 The changes in law apply only to a member appointed on or after
13-25 August 29, 1997. This Act does not prohibit a person who is a
13-26 member of the commission on August 29, 1997, from being reappointed
13-27 to the commission if the person has the qualifications required for
14-1 a member under Chapter 415, Government Code, as amended by this
14-2 Act.
14-3 SECTION 18. (a) Notwithstanding Section 415.004(c),
14-4 Government Code, and for the purpose of coming into compliance with
14-5 Section 415.004(b), Government Code, as amended by this Act, the
14-6 governor shall appoint members to the Commission on Law Enforcement
14-7 Officer Standards and Education, as current terms expire, in
14-8 accordance with this section.
14-9 (b) When appointing a member to the position of the member
14-10 who is a commission licensee and who is not a sheriff, constable,
14-11 or chief of police, and whose term expires on August 30, 1997, the
14-12 governor shall appoint a member to a term expiring on August 30,
14-13 1999. When appointing members to the positions of the two members
14-14 who are a sheriff, constable, or chief of police, and whose terms
14-15 expire on August 30, 1997, the governor shall appoint one member to
14-16 a term expiring on August 30, 1999, and one member to a term
14-17 expiring on August 30, 2003. As those terms expire, the governor
14-18 shall appoint members to full six-year terms.
14-19 (c) When appointing members to the positions of the three
14-20 public members whose terms expire on August 30, 1999, the governor
14-21 shall appoint one member to a term expiring on August 30, 2001, one
14-22 member to a term expiring on August 30, 2003, and one member to a
14-23 term expiring on August 30, 2005. As those terms expire, the
14-24 governor shall appoint members to full six-year terms.
14-25 (d) When appointing members to the positions of the two
14-26 members who are commission licensees, who are not a sheriff,
14-27 constable, or chief of police, and whose terms expire on August 30,
15-1 2001, the governor shall appoint one member to a term expiring on
15-2 August 30, 2003, and one member to a term expiring on August 30,
15-3 2007. As those terms expire, the governor shall appoint members to
15-4 full six-year terms.
15-5 (e) A term not specifically addressed by this section is a
15-6 six-year term.
15-7 SECTION 19. This Act takes effect August 29, 1997.
15-8 SECTION 20. The importance of this legislation and the
15-9 crowded condition of the calendars in both houses create an
15-10 emergency and an imperative public necessity that the
15-11 constitutional rule requiring bills to be read on three several
15-12 days in each house be suspended, and this rule is hereby suspended,
15-13 and that this Act take effect and be in force according to its
15-14 terms, and it is so enacted.