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 * * * * *