1-1           By:  Madla                                       S.B. No. 187

 1-2           (In the Senate - Filed January 9, 1997; January 15, 1997,

 1-3     read first time and referred to Committee on Intergovernmental

 1-4     Relations; February 10, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 10, Nays 0;

 1-6     February 10, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 187                    By:  Madla

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the allocation of money in the law enforcement officer

1-11     standards and education account to local law enforcement agencies.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 415.0845, Government Code, is amended to

1-14     read as follows:

1-15           Sec. 415.0845.  MONEY ALLOCATED AND USED FOR CONTINUING

1-16     EDUCATION.  (a)  Not later than March 1 of each calendar year, the

1-17     comptroller shall allocate money deposited during the preceding

1-18     calendar year in the general revenue fund to the credit of the law

1-19     enforcement officer standards and education account for expenses

1-20     related to the continuing education of persons licensed under this

1-21     chapter as follows:

1-22                 (1)  20 percent of the money is allocated to all local

1-23     law enforcement agencies in the state in equal shares; and

1-24                 (2)  80 percent of the money is allocated to all local

1-25     law enforcement agencies in the state in a share representing a

1-26     fixed amount for each position in the agency, as of January 1 of

1-27     the preceding calendar year, that is reserved to a person who:

1-28                       (A)  is licensed under this chapter;

1-29                       (B)  works as a peace officer on the average of

1-30     at least 32 hours a week; and

1-31                       (C)  is compensated by [the state or] a political

1-32     subdivision of the state at the rate of the minimum wage or higher

1-33     and is entitled to all employee benefits offered to a peace officer

1-34     by the [state or] political subdivision.

1-35           (b)  Not later than November 1 of each calendar year, each

1-36     local law enforcement agency shall report to the comptroller the

1-37     number of positions in the agency as of January 1 of that year

1-38     described by Subsection (a)(2).

1-39           (c)  The head of a law enforcement agency shall maintain a

1-40     complete and detailed written record of all money received and

1-41     expended by the agency under this section.  All money received

1-42     under this section is subject to audit by the comptroller.  All

1-43     money spent under this section is subject to audit by the state

1-44     auditor.

1-45           (d) [(c)]  A local law enforcement agency shall use money

1-46     received under Subsection (a) only as necessary to ensure the

1-47     continuing education of persons licensed under this chapter or to

1-48     provide necessary training, as determined by the agency head, to

1-49     full-time fully paid law enforcement support personnel in the

1-50     agency.

1-51           (e) [(d)]  A local law enforcement agency may not use money

1-52     received under Subsection (a) to replace funds that are provided to

1-53     the agency by the county or municipality having jurisdiction over

1-54     the agency on a recurring basis for training law enforcement

1-55     officers and support personnel.

1-56           [(e)  A county or municipality that has a law enforcement

1-57     agency that employs persons licensed under this chapter shall

1-58     conduct an annual audit of the law enforcement agency over which

1-59     the county or municipality has jurisdiction and shall send the

1-60     results of the audit to the comptroller not later than 90 days

1-61     after the date on which the audit is complete.]

1-62           SECTION 2.  The change in law made by this Act to Subsection

1-63     (a), Section 415.0845, Government Code, applies only to the

1-64     allocation of money deposited to the credit of the law enforcement

 2-1     officer standards and education account after calendar year 1996.

 2-2           SECTION 3.  The importance of this legislation and the

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended,

 2-7     and that this Act take effect and be in force from and after its

 2-8     passage, and it is so enacted.

 2-9                                  * * * * *