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.
8-62 * * * * *