1-1     By:  Telford (Senate Sponsor - Armbrister)            H.B. No. 1856

 1-2           (In the Senate - Received from the House May 2, 1997;

 1-3     May 5, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 16, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 13, Nays 0; May 16, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                           By:  Armbrister

 1-7           Amend H.B. No. 1856 by striking Sections 17-20 of the bill

 1-8     and renumbering subsequent sections of the bill appropriately.

 1-9     COMMITTEE AMENDMENT NO. 2                             By:  Whitmire

1-10           Amend H.B. No. 1856 by adding the following appropriately

1-11     numbered section to the bill and renumbering existing sections of

1-12     the bill appropriately:

1-13           SECTION_____.  Section 415.035, Government Code, is amended

1-14     to read as follows:

1-15           Sec. 415.035.  WEAPONS PROFICIENCY.  (a)  An entity that

1-16     employs more than two peace officers shall designate a firearms

1-17     proficiency officer and require each peace officer that it employs

1-18     to demonstrate to that officer, at least once each year, weapons

1-19     proficiency.  The entity shall maintain records of this

1-20     proficiency.

1-21           (b)  On request, the commission may waive the requirement

1-22     under Subsection (a) that a peace officer demonstrate weapons

1-23     proficiency if the commission finds that the requirement causes a

1-24     hardship.

1-25           (c)  The commission shall adopt rules to define weapons

1-26     proficiency for the purpose of this section.

1-27     COMMITTEE AMENDMENT NO. 3                           By:  Armbrister

1-28     Amend H.B. 1856, engrossed version, as follows:

1-29           (1)  on Page 3, Line 58 through Page 4, Line 14, strike the

1-30     current language.

1-31           (2)  on Page 3, Line 58, substitute,

1-32                 "Sec. 415.0065.  TRAINING FOR COMMISSION MEMBERS.

1-33     (a)  To be eligible to take office as a member of the commission, a

1-34     person appointed to the commission must complete at least one

1-35     course of a training program that complies with this section.

1-36           (b)  The training program must provide information to the

1-37     person regarding:

1-38                 (1)  the enabling legislation that created the

1-39     commission and its policymaking body to which the person is

1-40     appointed to serve;

1-41                 (2)  the programs operated by the commission;

1-42                 (3)  the role and functions of the commission;

1-43                 (4)  the rules of the commission with an emphasis on

1-44     the rules that relate to disciplinary and investigatory authority;

1-45                 (5)  the current budget for the commission;

1-46                 (6)  the results of the most recent formal audit of the

1-47     commission;

1-48                 (7)  the requirements of the:

1-49                       (A)  open meetings law, Chapter 551, Government

1-50     Code;

1-51                       (B)  open records law, Chapter 552, Government

1-52     Code; and

1-53                       (C)  administrative procedure law, Chapter 2001,

1-54     Government Code;

1-55                 (8)  the requirements of the conflict of interests laws

1-56     and other laws relating to public officials; and

1-57                 (9)  any applicable ethics policies adopted by the

1-58     commission or the Texas Ethics Commission.

1-59           (c)  A person appointed to the commission is entitled to

1-60     reimbursement for travel expenses incurred in attending the

1-61     training program, as provided by the General Appropriations Act and

1-62     as if the person were a member of the commission."

1-63                            A BILL TO BE ENTITLED

1-64                                   AN ACT

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

 2-2     Enforcement Officer Standards and Education and to commissioned

 2-3     retired Texas Rangers, special rangers, and special Department of

 2-4     Public Safety officers.

 2-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 2-6           SECTION 1.  Section 415.003, Government Code, is amended to

 2-7     read as follows:

 2-8           Sec. 415.003.  SUNSET PROVISION.  The Commission on Law

 2-9     Enforcement Officer Standards and Education is subject to Chapter

2-10     325 (Texas Sunset Act).  Unless continued in existence as provided

2-11     by that chapter, the commission is abolished and this chapter

2-12     expires September 1, 2009 [1997].

2-13           SECTION 2.  Sections 415.004(a) and (b), Government Code, are

2-14     amended to read as follows:

2-15           (a)  The commission is composed of nine members appointed by

2-16     the governor with the advice and consent of the senate.  The

2-17     governor shall make the appointments without regard to the race,

2-18     color, disability [creed], sex, religion, age, or national origin

2-19     of the appointees.  A member must be a resident of this state.

2-20           (b)  Three members must be a sheriff, constable, or chief of

2-21     police, and the term of one of those three members must expire

2-22     every two years.  Three members must be persons licensed under this

2-23     chapter, the term of one of those three members must expire every

2-24     two years, and two of those three members [whom] must be peace

2-25     officers who when appointed hold nonsupervisory positions with a

2-26     law enforcement agency.  A licensed member must have been licensed

2-27     for the five consecutive years preceding the date of the member's

2-28     appointment.  Three members must be representatives [members] of

2-29     the general public, and the term of one of those three members must

2-30     expire every two years. A person is not eligible for appointment as

2-31     a public member of the commission if the person or the  person's

2-32     spouse:

2-33                 (1)  is registered, certified, or licensed by an

2-34     occupational regulatory agency in the field of law enforcement;

2-35                 (2)  is employed by or participates in the management

2-36     of a business entity or other organization regulated by the

2-37     commission or receiving funds from the commission;

2-38                 (3)  owns or controls, directly or indirectly, more

2-39     than a 10 percent interest in a business entity or other

2-40     organization regulated by the commission or receiving funds from

2-41     the commission;

2-42                 (4)  uses or receives a substantial amount of tangible

2-43     goods, services, or funds from the  commission, other than

2-44     compensation or reimbursement authorized by law for commission

2-45     membership, attendance, or expenses; or

2-46                 (5)  is an officer, employee, or paid consultant of a

2-47     law enforcement labor union.

2-48           SECTION 3.  Section 415.005, Government Code, is amended to

2-49     read as follows:

2-50           Sec. 415.005.  CONFLICT OF INTEREST.  (a)  An officer,

2-51     employee, or paid consultant of a Texas trade association in the

2-52     field of law enforcement may not be a member of the commission or

2-53     an employee of the commission who is exempt from the state's

2-54     position classification plan or is compensated at or above the

2-55     amount prescribed by the General Appropriations Act for step 1,

2-56     salary group 17, of the position classification salary schedule.

2-57           (b)  A person who is the spouse of an officer, manager, or

2-58     paid consultant of a Texas trade association in the field of law

2-59     enforcement may not be a member of the commission and may not be an

2-60     employee of the commission who is exempt from the state's position

2-61     classification plan or is compensated at or above the amount

2-62     prescribed by the General Appropriations Act for step 1, salary

2-63     group 17, of the position classification salary schedule.

2-64           (c)  For the purposes of this section, a Texas trade

2-65     association is a nonprofit, cooperative, and voluntarily joined

2-66     association of business or professional competitors in this state

2-67     designed to assist its members and its industry or profession in

2-68     dealing with mutual business or professional problems and in

2-69     promoting their common interest.

 3-1           (d)  [A person is not eligible for appointment as a public

 3-2     member if the person or the person's spouse:]

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

 3-4     in the field of law enforcement;]

 3-5                 [(2)  is employed by or participates in the management

 3-6     of a business entity or other organization related to the field of

 3-7     law enforcement; or]

 3-8                 [(3)  has, other than as a consumer, a financial

 3-9     interest in a business entity related to the field of law

3-10     enforcement.]

3-11           [(b)  A member or employee of the commission may not be an

3-12     officer, employee, or paid consultant of a trade association in the

3-13     law enforcement industry, except an association the purpose and

3-14     membership of which is solely for the benefit of law enforcement

3-15     officers.]

3-16           [(c)]  A person may not serve as a member of the commission

3-17     or act as the general counsel to the commission if the person is

3-18     required to register as a lobbyist under Chapter 305 because of the

3-19     person's activities for compensation [in or] on behalf of a

3-20     profession related to the operation of the commission [may not be a

3-21     member of or general counsel to the commission].

3-22           SECTION 4.  Section 415.006, Government Code, is amended by

3-23     amending Subsection (a) and adding Subsection (c) to read as

3-24     follows:

3-25           (a)  It is a ground for removal from the commission if a

3-26     member:

3-27                 (1)  does [did] not have at the time of appointment the

3-28     qualifications required by Section 415.004(b);

3-29                 (2)  [when appointed, or] does not maintain during

3-30     [the] service on the commission[,] the qualifications required by

3-31     Section [Sections] 415.004(b) [and 415.005(a)] for appointment to

3-32     the commission that the member is required to maintain; [or]

3-33                 (3) [(2)]  violates a prohibition established by

3-34     [under] Section 415.005;

3-35                 (4)  cannot because of illness or disability discharge

3-36     the member's duties for a substantial part of the term for which

3-37     the member is appointed; or

3-38                 (5)  is absent from more than half of the regularly

3-39     scheduled commission meetings that the member is eligible to attend

3-40     during a calendar year [415.005(b) or (c)].

3-41           (c)  If the executive director has knowledge that a potential

3-42     ground for removal exists, the executive director shall notify the

3-43     presiding officer of the commission of the potential ground.  The

3-44     presiding officer shall then notify the governor and the attorney

3-45     general that a potential ground for removal exists.  If the

3-46     potential ground for removal involves the presiding officer, the

3-47     executive director shall notify the next highest ranking officer of

3-48     the commission, who shall notify the governor and the attorney

3-49     general that a potential ground for removal exists.

3-50           SECTION 5.  Subchapter A, Chapter 415, Government Code, is

3-51     amended by adding Section 415.0065 to read as follows:

3-52           Sec. 415.0065.  COMMISSION MEMBER TRAINING.  (a)  Before a

3-53     member of the commission may assume the member's duties and before

3-54     the member may be confirmed by the senate, the member must complete

3-55     at least one course of the training program established under this

3-56     section.  If this course is completed not later than the sixth

3-57     month after the member's appointment to the commission, the member

3-58     is in compliance with this subsection.

3-59           (b)  A training program established under this section shall

3-60     provide information to the member regarding:

3-61                 (1)  the enabling legislation that created the

3-62     commission;

3-63                 (2)  the programs operated by the commission;

3-64                 (3)  the role and functions of the commission;

3-65                 (4)  the rules of the commission with an emphasis on

3-66     the rules that relate to disciplinary and investigatory authority;

3-67                 (5)  the current budget for the commission;

3-68                 (6)  the results of the most recent formal audit of the

3-69     commission;

 4-1                 (7)  the requirements of the:

 4-2                       (A)  open meetings law, Chapter 551;

 4-3                       (B)  open records law, Chapter 552; and

 4-4                       (C)  administrative procedure law, Chapter 2001;

 4-5                 (8)  the requirements of the conflict of interest laws

 4-6     and other laws relating to public officials; and

 4-7                 (9)  any applicable ethics policies adopted by the

 4-8     commission or the Texas Ethics Commission.

 4-9           SECTION 6.  Section 415.007, Government Code, is amended to

4-10     read as follows:

4-11           Sec. 415.007.  Commission Officers; Quorum; Voting.  (a)  The

4-12     governor shall designate a member of the commission as the

4-13     presiding officer of the commission to serve in that capacity at

4-14     the pleasure of the governor.

4-15           (b)  At its first meeting after appointment of members to

4-16     serve regular terms, the commission shall elect from among its

4-17     appointed members an assistant presiding officer [a chairman,

4-18     vice-chairman,] and a secretary.

4-19           (c) [(b)]  Five members, excluding ex officio members,

4-20     constitute a quorum.

4-21           (d) [(c)]  An ex officio member may not vote.

4-22           SECTION 7.  Section 415.009, Government Code, is amended to

4-23     read as follows:

4-24           Sec.  415.009. MEETINGS.  (a)  The commission shall develop

4-25     and implement policies that provide the public with a reasonable

4-26     opportunity to appear before the commission and to speak on any

4-27     issue under the jurisdiction of the commission.

4-28           (b)  The commission shall meet at least once during each

4-29     biennium to receive public comment on training and standards for

4-30     officers and county jailers.  Within a reasonable time after the

4-31     meeting, the commission shall report to the governor and

4-32     legislature findings and recommendations resulting from the

4-33     meeting.

4-34           (c) [(b)]  The commission may meet at other times and places

4-35     in this state that it considers proper.  The presiding officer

4-36     [chairman] may call a meeting on the officer's [chairman's] own

4-37     motion and shall call a meeting on the written request of five

4-38     members.

4-39           (d) [(c)]  Except as provided by Sections 415.058 and

4-40     415.0581, the commission is subject to the open meetings law,

4-41     Chapter 551, and the administrative procedure law, Chapter 2001.

4-42           SECTION 8.  Subchapter A, Chapter 415, Government Code, is

4-43     amended by adding Section 415.0101 to read as follows:

4-44           Sec. 415.0101.  POLICY-MAKING.  The commission shall develop

4-45     and implement policies that clearly separate the policy-making

4-46     responsibilities of the commission and the management

4-47     responsibilities of the executive director and the staff of the

4-48     commission.

4-49           SECTION 9.  Subchapter A, Chapter 415, Government Code, is

4-50     amended by adding Section 415.0105 to read as follows:

4-51           Sec. 415.0105.  STANDARDS OF CONDUCT.  The executive director

4-52     or the executive director's designee shall provide to members of

4-53     the commission and to commission employees, as often as necessary,

4-54     information regarding their qualification for office or employment

4-55     under this chapter and their responsibilities under applicable laws

4-56     relating to standards of conduct for state officers or employees.

4-57           SECTION 10.  Section 415.011, Government Code, is amended by

4-58     amending Subsection (a) and adding Subsection (c) to read as

4-59     follows:

4-60           (a)  The commission shall prepare annually [During January of

4-61     each year, the commission shall file  with the governor and the

4-62     presiding officer of each house of the legislature] a complete and

4-63     detailed written report accounting for all funds received and

4-64     disbursed by the commission during the preceding fiscal year.  The

4-65     annual report must meet the reporting requirements applicable to

4-66     financial reporting provided in the General Appropriations Act.

4-67           (c) All money paid to the commission under this chapter is

4-68     subject to  Subchapter F, Chapter 404.

4-69           SECTION 11.  Section 415.013, Government Code, is amended to

 5-1     read as follows:

 5-2           Sec. 415.013.  EMPLOYMENT PRACTICES.  (a)  The executive

 5-3     director of the commission or the executive director's designee

 5-4     shall develop an intra-agency [a] career ladder program that

 5-5     addresses opportunities for mobility and advancement for employees

 5-6     within the agency.  The  program shall require intra-agency posting

 5-7     of all positions concurrently with any public posting [must require

 5-8     that openings in all positions  except entry level positions be

 5-9     posted within the commission for at least 10 days before they are

5-10     posted for the public].

5-11           (b)  The executive director or the executive director's

5-12     designee shall develop a system of annual performance evaluations

5-13     that are [evaluation] based on documented employee  performance

5-14     [measurable job tasks].  All merit [Merit] pay for commission

5-15     employees must be based on this system.                

5-16           (c)  The executive director or the executive director's

5-17     designee shall prepare and maintain a written policy statement

5-18     [plan] to assure implementation of a program of equal employment

5-19     opportunity under which all personnel transactions are made without

5-20     regard to race, color, disability, sex, religion, age, or national

5-21     origin.  [The plan must cover an annual period and be updated

5-22     annually.]  The policy statement [plan] must include:

5-23                 (1)  personnel policies, including policies relating to

5-24     recruitment, evaluation, selection, appointment, training, and

5-25     promotion of personnel that are in compliance with requirements of

5-26     Chapter 21, Labor Code;

5-27                 (2)  a comprehensive analysis of the commission

5-28     workforce that meets federal and state laws, rules, and regulations

5-29     and instructions promulgated directly from those laws, rules, and

5-30     regulations;

5-31                 (3)  procedures by which a determination can be made

5-32     about the extent of underuse in the commission workforce of all

5-33     persons for whom federal or state laws, rules, and regulations and

5-34     instructions promulgated directly from those laws, rules, and

5-35     regulations encourage a more equitable balance; and

5-36                 (4)  reasonable methods to appropriately address those

5-37     areas of underuse.

5-38           (d)  A policy statement prepared under Subsection (c) must

5-39     cover an annual period, be updated annually and reviewed by the

5-40     Commission on Human Rights for compliance with Subsection (c)(1),

5-41     and be filed with the governor's office.

5-42           (e)  The governor's office shall deliver a biennial report to

5-43     the legislature based on the information received under Subsection

5-44     (d).  The report may be made separately or as a part of other

5-45     biennial reports made to the legislature [a comprehensive analysis

5-46     of the commission's employees by race, sex, ethnic background,

5-47     class of position, and salary or wage;]

5-48                 [(2)  plans for recruitment, evaluation, selection,

5-49     appointment, training, promotion, and other personnel policies;]

5-50                 [(3)  steps reasonably designed to overcome identified

5-51     underuse of minorities and women in the agency's work force; and]

5-52                 [(4)  objectives, goals, timetables for achievement of

5-53     the objectives and goals, and assignment of responsibility for

5-54     their achievement.]

5-55           [(d)  Before May 1 and December 1 of each year the commission

5-56     shall submit a progress report to the governor.  The report must

5-57     include a statement of the steps that the commission has taken

5-58     during the previous six months to comply with the requirements of

5-59     Subsection (c)].

5-60           SECTION 12.  Subchapter A, Chapter 415, Government Code, is

5-61     amended by adding Section 415.0145 to read as follows:

5-62           Sec. 415.0145.  ACCESSIBILITY.  The commission shall comply

5-63     with federal and state laws related to program and  facility

5-64     accessibility.  The commission shall also prepare and maintain a

5-65     written plan that describes how a person who does not speak English

5-66     can be provided reasonable access to the commission's programs and

5-67     services.

5-68           SECTION 13.  Subchapter B, Chapter 415, Government Code, is

5-69     amended by adding Section 415.0315 to read as follows:

 6-1           Sec. 415.0315.  INSPECTIONS.  (a)  The commission shall

 6-2     develop a risk assessment method to determine the relative

 6-3     performance of schools conducting training courses for officers,

 6-4     county jailers, or recruits.  The commission shall base its

 6-5     schedule for inspection of schools on the results of its risk

 6-6     assessment.

 6-7           (b)  The risk assessment method shall include consideration

 6-8     of the following:

 6-9                 (1)  the scores on the basic peace officer exam of

6-10     students enrolled in a school;

6-11                 (2)  the past inspection records of a school;

6-12                 (3)  a self-assessment performed by a school in a

6-13     noninspection year; and

6-14                 (4)  a random element to ensure periodic inspection of

6-15     each school.

6-16           SECTION 14.  Subchapter C, Chapter 415, Government Code, is

6-17     amended by adding Section 415.0595 to read as follows:

6-18           Sec. 415.0595.  COMPLAINTS.  (a) The commission shall keep a

6-19     file about each written complaint filed with the commission that

6-20     the commission has authority to resolve.  The commission shall

6-21     provide to the person filing the complaint and the persons or

6-22     entities complained about the commission's policies and procedures

6-23     pertaining to complaint investigation and resolution.  The

6-24     commission, at least quarterly and until final disposition of the

6-25     complaint, shall notify the person filing the complaint and the

6-26     persons or entities complained about of the status of the complaint

6-27     unless the notice would jeopardize an undercover investigation.

6-28           (b)  The commission shall keep information about each

6-29     complaint filed with the commission.  The information shall

6-30     include:

6-31                 (1)  the date the complaint is received;

6-32                 (2)  the name of the complainant;

6-33                 (3)  the subject matter of the complaint;

6-34                 (4)  a record of all persons contacted in relation to

6-35     the complaint;

6-36                 (5)  a summary of the results of the review or

6-37     investigation of the complaint; and

6-38                 (6)  for complaints for which the agency took no

6-39     action, an explanation of the reason the complaint was closed

6-40     without action.

6-41           SECTION 15.  Sections 415.060(b) and (c), Government Code,

6-42     are amended to read as follows:

6-43           (b)  The commission shall revoke or suspend a license, place

6-44     on probation a person whose license has been suspended, or

6-45     reprimand a licensee for a violation of this chapter or a rule of

6-46     the commission, and the commission may by rule provide for any

6-47     other necessary enforcement procedures.  Except as provided by

6-48     Sections 415.058 and 415.0581, a person whose license the

6-49     commission proposes to suspend or revoke is entitled to a hearing

6-50     [before the commission].  When a person whose license is suspended

6-51     under Section 415.058(b) is released from community supervision,

6-52     the license may be reinstated under commission rules.

6-53           [(c)  The commission shall keep an information file about

6-54     each complaint filed with the commission relating to a licensee.

6-55     If a written complaint is filed with the commission relating to a

6-56     licensee, the commission, at least quarterly until final

6-57     disposition of the complaint, shall notify the parties to the

6-58     complaint of the status of the complaint, unless the notice would

6-59     jeopardize an undercover investigation.]

6-60           SECTION 16.  Subchapter C, Chapter 415, Government Code, is

6-61     amended by adding Section 415.0605 to read as follows:

6-62           Sec. 415.0605.  HEARING.  If the commission  proposes to

6-63     suspend, revoke, or refuse to renew a person's license, the person

6-64     is entitled to a hearing conducted by the State Office of

6-65     Administrative Hearings.  Proceedings for a disciplinary action are

6-66     governed by the administrative procedure law, Chapter 2001.  Rules

6-67     of practice adopted by the commission under Section 2001.004

6-68     applicable to the proceedings for a disciplinary action may not

6-69     conflict with rules adopted by the State Office of Administrative

 7-1     Hearings.

 7-2           SECTION 17.  Subchapter B, Chapter 411, Government Code, is

 7-3     amended by adding Section 411.0211 to read as follows:

 7-4           Sec. 411.0211.  RETIRED TEXAS RANGERS.  (a)  An honorably

 7-5     retired or retiring member of the department who has served at

 7-6     least 10 years as a Texas Ranger is entitled on application to the

 7-7     department to retain the person's rank and commission as a Texas

 7-8     Ranger if:

 7-9                 (1)  the person's license as a peace officer has not

7-10     expired and has not been revoked by the Commission on Law

7-11     Enforcement Officer Standards and Education under Section 415.060;

7-12     and

7-13                 (2)  the person agrees to be bound by the restrictions

7-14     and requirements of this section.

7-15           (b)  A Texas Ranger commissioned under this section:

7-16                 (1)  does not have administrative authority over any

7-17     other Texas Ranger or any member of the department; and

7-18                 (2)  is not connected with any ranger company or

7-19     uniformed division of the department.

7-20           (c)  A Texas Ranger commissioned under this section is

7-21     subject to the orders of the commission and the governor for

7-22     special duty to the same extent as other law enforcement officers

7-23     provided for by this chapter. A Texas Ranger commissioned under

7-24     this section serves without compensation except when called for

7-25     special duty that lasts for more than three consecutive days.

7-26           (d)  The department shall revoke a Texas Ranger commission

7-27     issued under this section if:

7-28                 (1)  the Texas Ranger's license as a peace officer is

7-29     revoked under Section 415.060; or

7-30                 (2)  the department determines after a procedure

7-31     conducted in accordance with Section 411.007 that the Texas Ranger

7-32     violated a rule of the department and that an active Texas Ranger

7-33     who violated the same rule would be discharged from the department.

7-34           SECTION 18.  Section 411.023, Government Code, is amended to

7-35     read as follows:

7-36           Sec. 411.023.  SPECIAL RANGERS AND SPECIAL DEPARTMENT OF

7-37     PUBLIC SAFETY OFFICERS.  (a)  The commission may appoint as special

7-38     department of public safety officers [rangers] honorably retired

7-39     commissioned officers of the department and may appoint not more

7-40     than 300 [other] persons as special rangers.

7-41           (b)  A special ranger or special department of public safety

7-42     officer is subject to the orders of the commission and the governor

7-43     for special duty to the same extent as other law enforcement

7-44     officers provided for by this chapter, except that a special ranger

7-45     or special department of public safety officer may not enforce a

7-46     law except one the violation of which is a criminal offense

7-47     [designed to protect life and property] and may not enforce a law

7-48     regulating the use of a state highway by a motor vehicle. A special

7-49     ranger or special department of public safety officer is not

7-50     connected with a ranger company or uniformed unit of the

7-51     department.

7-52           (c)  Before issuance of a commission to a special ranger the

7-53     person shall enter into a good and sufficient bond executed by a

7-54     surety company authorized to do business in the state in the amount

7-55     of $2,500, approved by the director, and indemnifying all persons

7-56     against damages resulting from an unlawful act of the special

7-57     ranger.

7-58           (d)  A special ranger or special department of public safety

7-59     officer is not entitled to compensation from the state for service

7-60     as a special ranger or as a special department of public safety

7-61     officer except when called to active duty for a period of more than

7-62     three consecutive days.

7-63           (e)  A special ranger commission expires January 1 of the

7-64     first odd-numbered year after appointment. The director may revoke

7-65     a special ranger or special department of public safety officer

7-66     commission at any time for cause.

7-67           SECTION 19.  Section 415.034(e), Government Code, is amended

7-68     to read as follows:

7-69           (e)  An honorably retired commissioned officer of the

 8-1     Department of Public Safety who is a special ranger under Section

 8-2     411.023 and an honorably retired Texas Ranger who is commissioned

 8-3     under Section 411.0211 may not be required to undergo training

 8-4     under Subsection (b).

 8-5           SECTION 20.  If more than 300 persons serve as special

 8-6     rangers under Section 411.023, Government Code, as amended by this

 8-7     Act, on the effective date of this Act, the Texas Department of

 8-8     Public Safety may allow current members to serve until their

 8-9     commissions expire, but the department may not appoint or reappoint

8-10     special rangers while the number of special rangers exceeds 300.

8-11           SECTION 21.  The changes in law made by this Act in the

8-12     qualifications of, and the prohibitions applying to, members of the

8-13     Commission on Law Enforcement Officer Standards and Education do

8-14     not affect the entitlement of a member serving on the commission

8-15     immediately before August 29, 1997, to continue to carry out the

8-16     functions of the commission for the remainder of the member's term.

8-17     The changes in law apply only to a member appointed on or after

8-18     August 29, 1997.  This Act does not prohibit a person who is a

8-19     member of the commission on August 29, 1997, from being reappointed

8-20     to the commission if the person has the qualifications required for

8-21     a member under Chapter 415, Government Code, as amended by this

8-22     Act.

8-23           SECTION 22.  (a)  Notwithstanding Section 415.004(c),

8-24     Government Code, and for the purpose of coming into compliance with

8-25     Section 415.004(b), Government Code, as amended by this Act, the

8-26     governor shall appoint members to the Commission on Law Enforcement

8-27     Officer Standards and Education, as current terms expire, in

8-28     accordance with this section.

8-29           (b)  When appointing a member to the position of the member

8-30     who is a commission licensee and who is not a sheriff,  constable,

8-31     or chief of police, and whose term expires on August 30, 1997, the

8-32     governor shall appoint a member to a term expiring on August 30,

8-33     1999.  When appointing members to the positions of the two members

8-34     who are a sheriff, constable, or chief of police, and whose terms

8-35     expire on August 30, 1997, the governor shall appoint one member to

8-36     a term expiring on August 30, 1999, and one member to a term

8-37     expiring on August 30, 2003.  As those terms expire, the governor

8-38     shall appoint members to full six-year terms.

8-39           (c)  When appointing members to the positions of the three

8-40     public members whose terms expire on August 30, 1999, the governor

8-41     shall appoint one member to a term expiring on August 30, 2001, one

8-42     member to a term expiring on August 30, 2003, and one member to a

8-43     term expiring on August 30, 2005.  As those terms expire, the

8-44     governor shall appoint members to full six-year terms.

8-45           (d)  When appointing members to the positions of the two

8-46     members who are commission licensees, who are not a sheriff,

8-47     constable, or chief of police, and whose terms expire on August 30,

8-48     2001, the governor shall appoint one member to a term expiring on

8-49     August 30, 2003, and one member to a term expiring on August 30,

8-50     2007.  As those terms expire, the governor shall appoint members to

8-51     full six-year terms.

8-52           (e)  A term not specifically addressed by this section is a

8-53     six-year term.

8-54           SECTION 23.  This Act takes effect August 29, 1997.

8-55           SECTION 24.  The importance of this legislation and the

8-56     crowded condition of the calendars in both houses create an

8-57     emergency and an imperative public necessity that the

8-58     constitutional rule requiring bills to be read on three several

8-59     days in each house be suspended, and this rule is hereby suspended,

8-60     and that this Act take effect and be in force according to its

8-61     terms, and it is so enacted.

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