By Madla S.B. No. 187
75R2793 ESH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the allocation of money in the law enforcement officer
1-3 standards and education account to local law enforcement agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 415.0845, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 415.0845. MONEY ALLOCATED AND USED FOR CONTINUING
1-8 EDUCATION. (a) Not later than March 1 of each calendar year, the
1-9 comptroller shall allocate money deposited during the preceding
1-10 calendar year in the general revenue fund to the credit of the law
1-11 enforcement officer standards and education account for expenses
1-12 related to the continuing education of persons licensed under this
1-13 chapter as follows:
1-14 (1) 20 percent of the money is allocated to all local
1-15 law enforcement agencies in the state in equal shares; and
1-16 (2) 80 percent of the money is allocated to all local
1-17 law enforcement agencies in the state in a share representing a
1-18 fixed amount for each position in the agency, as of January 1 of
1-19 the preceding calendar year, that is reserved to a person who:
1-20 (A) is licensed under this chapter;
1-21 (B) works as a peace officer on the average of
1-22 at least 32 hours a week; and
1-23 (C) is compensated by the state or a political
1-24 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
2-21 to the agency by the county or municipality having jurisdiction
2-22 over 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
2-26 conduct an annual audit of the law enforcement agency over which
2-27 the county or municipality has jurisdiction and shall send the
3-1 results of the audit to the comptroller not later than 90 days
3-2 after the date on which the audit is complete.]
3-3 SECTION 2. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended,
3-8 and that this Act take effect and be in force from and after its
3-9 passage, and it is so enacted.