By:  Madla                                             S.B. No. 187

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the allocation of money in the law enforcement officer

 1-2     standards and education account to local law enforcement agencies.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 415.0845, Government Code, is amended to

 1-5     read as follows:

 1-6           Sec. 415.0845.  MONEY ALLOCATED AND USED FOR CONTINUING

 1-7     EDUCATION.  (a)  Not later than March 1 of each calendar year, the

 1-8     comptroller shall allocate money deposited during the preceding

 1-9     calendar year in the general revenue fund to the credit of the law

1-10     enforcement officer standards and education account for expenses

1-11     related to the continuing education of persons licensed under this

1-12     chapter as follows:

1-13                 (1)  20 percent of the money is allocated to all local

1-14     law enforcement agencies in the state in equal shares; and

1-15                 (2)  80 percent of the money is allocated to all local

1-16     law enforcement agencies in the state in a share representing a

1-17     fixed amount for each position in the agency, as of January 1 of

1-18     the preceding calendar year, that is reserved to a person who:

1-19                       (A)  is licensed under this chapter;

1-20                       (B)  works as a peace officer on the average of

1-21     at least 32 hours a week; and

1-22                       (C)  is compensated by [the state or] a political

1-23     subdivision of the state at the rate of the minimum wage or higher

 2-1     and is entitled to all employee benefits offered to a peace officer

 2-2     by the [state or] political subdivision.

 2-3           (b)  Not later than November 1 of each calendar year, each

 2-4     local law enforcement agency shall report to the comptroller the

 2-5     number of positions in the agency as of January 1 of that year

 2-6     described by Subsection (a)(2).

 2-7           (c)  The head of a law enforcement agency shall maintain a

 2-8     complete and detailed written record of all money received and

 2-9     expended by the agency under this section.  All money received

2-10     under this section is subject to audit by the comptroller.  All

2-11     money spent under this section is subject to audit by the state

2-12     auditor.

2-13           (d) [(c)]  A local law enforcement agency shall use money

2-14     received under Subsection (a) only as necessary to ensure the

2-15     continuing education of persons licensed under this chapter or to

2-16     provide necessary training, as determined by the agency head, to

2-17     full-time fully paid law enforcement support personnel in the

2-18     agency.

2-19           (e) [(d)]  A local law enforcement agency may not use money

2-20     received under Subsection (a) to replace funds that are provided to

2-21     the agency by the county or municipality having jurisdiction over

2-22     the agency on a recurring basis for training law enforcement

2-23     officers and support personnel.

2-24           [(e)  A county or municipality that has a law enforcement

2-25     agency that employs persons licensed under this chapter shall

 3-1     conduct an annual audit of the law enforcement agency over which

 3-2     the county or municipality has jurisdiction and shall send the

 3-3     results of the audit to the comptroller not later than 90 days

 3-4     after the date on which the audit is complete.]

 3-5           SECTION 2.  The change in law made by this Act to Subsection

 3-6     (a), Section 415.0845, Government Code, applies only to the

 3-7     allocation of money deposited to the credit of the law enforcement

 3-8     officer standards and education account after calendar year 1996.

 3-9           SECTION 3.  The importance of this legislation and the

3-10     crowded condition of the calendars in both houses create an

3-11     emergency and an imperative public necessity that the

3-12     constitutional rule requiring bills to be read on three several

3-13     days in each house be suspended, and this rule is hereby suspended,

3-14     and that this Act take effect and be in force from and after its

3-15     passage, and it is so enacted.