By Armbrister                                    S.B. No. 366

      75R1789 SAW-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the continuation and functions of the Commission on Law

 1-3     Enforcement Officer Standards and Education.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 415.003, Government Code, is amended to

 1-6     read as follows:

 1-7           Sec. 415.003.  SUNSET PROVISION.  The Commission on Law

 1-8     Enforcement Officer Standards and Education is subject to Chapter

 1-9     325 (Texas Sunset Act).  Unless continued in existence as provided

1-10     by that chapter, the commission is abolished and this chapter

1-11     expires September 1, 2009 [1997].

1-12           SECTION 2.  Sections 415.004(a) and (b), Government Code, are

1-13     amended to read as follows:

1-14           (a)  The commission is composed of nine members appointed by

1-15     the governor with the advice and consent of the senate.  The

1-16     governor shall make the appointments without regard to the race,

1-17     color, disability [creed], sex, religion, age, or national origin

1-18     of the appointees.  A member must be a resident of this state.

1-19           (b)  Three members must be a sheriff, constable, or chief of

1-20     police, and the term of one of those three members must expire

1-21     every two years.  Three members must be persons licensed under this

1-22     chapter, the term of one of those three members must expire every

1-23     two years, and two of those three members [whom] must be peace

1-24     officers who when appointed hold nonsupervisory positions with a

 2-1     law enforcement agency.  A licensed member must have been licensed

 2-2     for the five consecutive years preceding the date of the member's

 2-3     appointment.  Three members must be representatives [members] of

 2-4     the general public, and the term of one of those three members must

 2-5     expire every two years. A person is not eligible for appointment as

 2-6     a public member of the commission if the person or the  person's

 2-7     spouse:

 2-8                 (1)  is registered, certified, or licensed by an

 2-9     occupational regulatory agency in the field of law enforcement;

2-10                 (2)  is employed by or participates in the management

2-11     of a business entity or other organization regulated by the

2-12     commission or receiving funds from the commission;

2-13                 (3)  owns or controls, directly or indirectly, more

2-14     than a 10 percent interest in a business entity or other

2-15     organization regulated by the commission or receiving funds from

2-16     the commission; or

2-17                 (4)  uses or receives a substantial amount of tangible

2-18     goods, services, or funds from the  commission, other than

2-19     compensation or reimbursement authorized by law for commission

2-20     membership, attendance, or expenses.

2-21           SECTION 3.  Section 415.005, Government Code, is amended to

2-22     read as follows:

2-23           Sec. 415.005.  CONFLICT OF INTEREST.  (a)  An officer,

2-24     employee, or paid consultant of a Texas trade association in the

2-25     field of law enforcement may not be a member of the commission or

2-26     an employee of the commission who is exempt from the state's

2-27     position classification plan or is compensated at or above the

 3-1     amount prescribed by the General Appropriations Act for step 1,

 3-2     salary group 17, of the position classification salary schedule.

 3-3           (b)  A person who is the spouse of an officer, manager, or

 3-4     paid consultant of a Texas trade association in the field of law

 3-5     enforcement may not be a member of the commission and may not be an

 3-6     employee of the commission who is exempt from the state's position

 3-7     classification plan or is compensated at or above the amount

 3-8     prescribed by the General Appropriations Act for step 1, salary

 3-9     group 17, of the position classification salary schedule.

3-10           (c)  For the purposes of this section, a Texas trade

3-11     association is a nonprofit, cooperative, and voluntarily joined

3-12     association of business or professional competitors in this state

3-13     designed to assist its members and its industry or profession in

3-14     dealing with mutual business or professional problems and in

3-15     promoting their common interest.

3-16           (d)  [A person is not eligible for appointment as a public

3-17     member if the person or the person's spouse:]

3-18                 [(1)  is licensed by an occupational regulatory agency

3-19     in the field of law enforcement;]

3-20                 [(2)  is employed by or participates in the management

3-21     of a business entity or other organization related to the field of

3-22     law enforcement; or]

3-23                 [(3)  has, other than as a consumer, a financial

3-24     interest in a business entity related to the field of law

3-25     enforcement.]

3-26           [(b)  A member or employee of the commission may not be an

3-27     officer, employee, or paid consultant of a trade association in the

 4-1     law enforcement industry, except an association the purpose and

 4-2     membership of which is solely for the benefit of law enforcement

 4-3     officers.]

 4-4           [(c)]  A person may not serve as a member of the commission

 4-5     or act as the general counsel to the commission if the person is

 4-6     required to register as a lobbyist under Chapter 305 because of the

 4-7     person's activities for compensation [in or] on behalf of a

 4-8     profession related to the operation of the commission [may not be a

 4-9     member of or general counsel to the commission].

4-10           SECTION 4.  Section 415.006, Government Code, is amended by

4-11     amending Subsection (a) and adding Subsection (c) to read as

4-12     follows:

4-13           (a)  It is a ground for removal from the commission if a

4-14     member:

4-15                 (1)  does [did] not have at the time of appointment the

4-16     qualifications required by Section 415.004(b);

4-17                 (2)  [when appointed, or] does not maintain during

4-18     [the] service on the commission[,] the qualifications required by

4-19     Section [Sections] 415.004(b) [and 415.005(a)] for appointment to

4-20     the commission that the member is required to maintain; [or]

4-21                 (3) [(2)]  violates a prohibition established by

4-22     [under] Section 415.005;

4-23                 (4)  cannot because of illness or disability discharge

4-24     the member's duties for a substantial part of the term for which

4-25     the member is appointed; or

4-26                 (5)  is absent from more than half of the regularly

4-27     scheduled commission meetings that the member is eligible to attend

 5-1     during a calendar year unless the absence is excused by majority

 5-2     vote of the commission [415.005(b) or (c)].

 5-3           (c)  If the executive director has knowledge that a potential

 5-4     ground for removal exists, the executive director shall notify the

 5-5     presiding officer of the commission of the potential ground.  The

 5-6     presiding officer shall then notify the governor and the attorney

 5-7     general that a potential ground for removal exists.  If the

 5-8     potential ground for removal involves the presiding officer, the

 5-9     executive director shall notify the next highest ranking officer of

5-10     the commission, who shall notify the governor and the attorney

5-11     general that a potential ground for removal exists.

5-12           SECTION 5.  Subchapter A, Chapter 415, Government Code, is

5-13     amended by adding Section 415.0065 to read as follows:

5-14           Sec. 415.0065.  COMMISSION MEMBER TRAINING.  (a)  Before a

5-15     member of the commission may assume the member's duties and before

5-16     the member may be confirmed by the senate, the member must complete

5-17     at least one course of the training program established under this

5-18     section.

5-19           (b)  A training program established under this section shall

5-20     provide information to the member regarding:

5-21                 (1)  the enabling legislation that created the

5-22     commission;

5-23                 (2)  the programs operated by the commission;

5-24                 (3)  the role and functions of the commission;

5-25                 (4)  the rules of the commission with an emphasis on

5-26     the rules that relate to disciplinary and investigatory authority;

5-27                 (5)  the current budget for the commission;

 6-1                 (6)  the results of the most recent formal audit of the

 6-2     commission;

 6-3                 (7)  the requirements of the:

 6-4                       (A)  open meetings law, Chapter 551;

 6-5                       (B)  open records law, Chapter 552; and

 6-6                       (C)  administrative procedure law, Chapter 2001;

 6-7                 (8)  the requirements of the conflict of interest laws

 6-8     and other laws relating to public officials; and

 6-9                 (9)  any applicable ethics policies adopted by the

6-10     commission or the Texas Ethics Commission.

6-11           SECTION 6.  Section 415.007, Government Code, is amended to

6-12     read as follows:

6-13           Sec. 415.007.  Commission Officers; Quorum; Voting.  (a)  The

6-14     governor shall designate a member of the commission as the

6-15     presiding officer of the commission to serve in that capacity at

6-16     the pleasure of the governor.

6-17           (b)  At its first meeting after appointment of members to

6-18     serve regular terms, the commission shall elect from among its

6-19     appointed members an assistant presiding officer [a chairman,

6-20     vice-chairman,] and a secretary.

6-21           (c) [(b)]  Five members, excluding ex officio members,

6-22     constitute a quorum.

6-23           (d) [(c)]  An ex officio member may not vote.

6-24           SECTION 7.  Section 415.009, Government Code, is amended to

6-25     read as follows:

6-26           Sec.  415.009. MEETINGS.  (a)  The commission shall develop

6-27     and implement policies that provide the public with a reasonable

 7-1     opportunity to appear before the commission and to speak on any

 7-2     issue under the jurisdiction of the commission.

 7-3           (b)  The commission shall meet at least once during each

 7-4     biennium to receive public comment on training and standards for

 7-5     officers and county jailers.  Within a reasonable time after the

 7-6     meeting, the commission shall report to the governor and

 7-7     legislature findings and recommendations resulting from the

 7-8     meeting.

 7-9           (c) [(b)]  The commission may meet at other times and places

7-10     in this state that it considers proper.  The presiding officer

7-11     [chairman] may call a meeting on the officer's [chairman's] own

7-12     motion and shall call a meeting on the written request of five

7-13     members.

7-14           (d) [(c)]  Except as provided by Sections 415.058 and

7-15     415.0581, the commission is subject to the open meetings law,

7-16     Chapter 551, and the administrative procedure law, Chapter 2001.

7-17           SECTION 8.  Subchapter A, Chapter 415, Government Code, is

7-18     amended by adding Section 415.0101 to read as follows:

7-19           Sec. 415.0101.  The commission shall develop and implement

7-20     policies that clearly separate the policy-making responsibilities

7-21     of the commission and the management responsibilities of the

7-22     executive director and the staff of the commission.

7-23           SECTION 9.  Subchapter A, Chapter 415, Government Code, is

7-24     amended by adding Section 415.0105 to read as follows:

7-25           Sec. 415.0105.  STANDARDS OF CONDUCT.  The executive director

7-26     or the executive director's designee shall provide to members of

7-27     the commission and to commission employees, as often as necessary,

 8-1     information regarding their qualification for office or employment

 8-2     under this chapter and their responsibilities under applicable laws

 8-3     relating to standards of conduct for state officers or employees.

 8-4           SECTION 10.  Section 415.011, Government Code, is amended by

 8-5     amending Subsection (a) and adding Subsection (c) to read as

 8-6     follows:

 8-7           (a)  The commission shall prepare annually [During January of

 8-8     each year, the commission shall file  with the governor and the

 8-9     presiding officer of each house of the legislature] a complete and

8-10     detailed written report accounting for all funds received and

8-11     disbursed by the commission during the preceding fiscal year.  The

8-12     annual report must meet the reporting requirements applicable to

8-13     financial reporting provided in the General Appropriations Act.

8-14           (c) All money paid to the commission under this chapter is

8-15     subject to  Subchapter F, Chapter 404.

8-16           SECTION 11.  Section 415.013, Government Code, is amended to

8-17     read as follows:

8-18           Sec. 415.013.  EMPLOYMENT PRACTICES.  (a)  The executive

8-19     director of the commission or the executive director's designee

8-20     shall develop an intra-agency [a] career ladder program that

8-21     addresses opportunities for mobility and advancement for employees

8-22     within the agency.  The  program shall require intra-agency posting

8-23     of all positions concurrently with any public posting [must require

8-24     that openings in all positions  except entry level positions be

8-25     posted within the commission for at least 10 days before they are

8-26     posted for the public].

8-27           (b)  The executive director or the executive director's

 9-1     designee shall develop a system of annual performance evaluations

 9-2     that are [evaluation] based on documented employee  performance

 9-3     [measurable job tasks].  All merit [Merit] pay for commission

 9-4     employees must be based on this system.                

 9-5           (c)  The executive director or the executive director's

 9-6     designee shall prepare and maintain a written policy statement

 9-7     [plan] to assure implementation of a program of equal employment

 9-8     opportunity under which all personnel transactions are made without

 9-9     regard to race, color, disability, sex, religion, age, or national

9-10     origin.  [The plan must cover an annual period and be updated

9-11     annually.]  The policy statement [plan] must include:

9-12                 (1)  personnel policies, including policies relating to

9-13     recruitment, evaluation, selection, appointment, training, and

9-14     promotion of personnel that are in compliance with requirements of

9-15     Chapter 21, Labor Code;

9-16                 (2)  a comprehensive analysis of the commission

9-17     workforce that meets federal and state guidelines;

9-18                 (3)  procedures by which a determination can be made

9-19     about the extent of underuse in the commission workforce of all

9-20     persons for whom federal or state guidelines encourage a more

9-21     equitable balance; and

9-22                 (4)  reasonable methods to appropriately address those

9-23     areas of underuse.

9-24           (d)  A policy statement prepared under Subsection (c) must

9-25     cover an annual period, be updated annually and reviewed by the

9-26     Commission on Human Rights for compliance with Subsection (c)(1),

9-27     and be filed with the governor's office.

 10-1          (e)  The governor's office shall deliver a biennial report to

 10-2    the legislature based on the information received under Subsection

 10-3    (d).  The report may be made separately or as a part of other

 10-4    biennial reports made to the legislature [a comprehensive analysis

 10-5    of the commission's employees by race, sex, ethnic background,

 10-6    class of position, and salary or wage;]

 10-7                [(2)  plans for recruitment, evaluation, selection,

 10-8    appointment, training, promotion, and other personnel policies;]

 10-9                [(3)  steps reasonably designed to overcome identified

10-10    underuse of minorities and women in the agency's work force; and]

10-11                [(4)  objectives, goals, timetables for achievement of

10-12    the objectives and goals, and assignment of responsibility for

10-13    their achievement.]

10-14          [(d)  Before May 1 and December 1 of each year the commission

10-15    shall submit a progress report to the governor.  The report must

10-16    include a statement of the steps that the commission has taken

10-17    during the previous six months to comply with the requirements of

10-18    Subsection (c)].

10-19          SECTION 12.  Subchapter A, Chapter 415, Government Code, is

10-20    amended by adding Section 415.0145 to read as follows:

10-21          Sec. 415.0145.  ACCESSIBILITY.  The commission shall comply

10-22    with federal and state laws related to program and  facility

10-23    accessibility.  The commission shall also prepare and maintain a

10-24    written plan that describes how a person who does not speak English

10-25    can be provided reasonable access to the commission's programs and

10-26    services.

10-27          SECTION 13.  Subchapter B, Chapter 415, Government Code, is

 11-1    amended by adding Section 415.0315 to read as follows:

 11-2          Sec. 415.0315.  INSPECTIONS.  (a)  The commission shall

 11-3    develop a risk assessment method to determine the relative

 11-4    performance of schools conducting training courses for officers,

 11-5    county jailers, or recruits.  The commission shall base its

 11-6    schedule for inspection of schools on the results of its risk

 11-7    assessment.

 11-8          (b)  The risk assessment method shall include consideration

 11-9    of the following:

11-10                (1)  the scores on the basic peace officer exam of

11-11    students enrolled in a school;

11-12                (2)  the past inspection records of a school;

11-13                (3)  a self-assessment performed by a school in a

11-14    noninspection year; and

11-15                (4)  a random element to ensure periodic inspection of

11-16    each school.

11-17          SECTION 14.  Subchapter C, Chapter 415, Government Code, is

11-18    amended by adding Section 415.0595 to read as follows:

11-19          Sec. 415.0595.  COMPLAINTS.  (a) The commission shall keep a

11-20    file about each written complaint filed with the commission that

11-21    the commission has authority to resolve.  The commission shall

11-22    provide to the person filing the complaint and the persons or

11-23    entities complained about the commission's policies and procedures

11-24    pertaining to complaint investigation and resolution.  The

11-25    commission, at least quarterly and until final disposition of the

11-26    complaint, shall notify the person filing the complaint and the

11-27    persons or entities complained about of the status of the complaint

 12-1    unless the notice would jeopardize an undercover investigation.

 12-2          (b)  The commission shall keep information about each

 12-3    complaint filed with the commission.  The information shall

 12-4    include:

 12-5                (1)  the date the complaint is received;

 12-6                (2)  the name of the complainant;

 12-7                (3)  the subject matter of the complaint;

 12-8                (4)  a record of all persons contacted in relation to

 12-9    the complaint;

12-10                (5)  a summary of the results of the review or

12-11    investigation of the complaint; and

12-12                (6)  for complaints for which the agency took no

12-13    action, an explanation of the reason the complaint was closed

12-14    without action.

12-15          SECTION 15.  Sections 415.060(b) and (c), Government Code,

12-16    are amended to read as follows:

12-17          (b)  The commission shall revoke or suspend a license, place

12-18    on probation a person whose license has been suspended, or

12-19    reprimand a licensee for a violation of this chapter or a rule of

12-20    the commission, and the commission may by rule provide for any

12-21    other necessary enforcement procedures.  Except as provided by

12-22    Sections 415.058 and 415.0581, a person whose license the

12-23    commission proposes to suspend or revoke is entitled to a hearing

12-24    [before the commission].  When a person whose license is suspended

12-25    under Section 415.058(b) is released from community supervision,

12-26    the license may be reinstated under commission rules.

12-27          [(c)  The commission shall keep an information file about

 13-1    each complaint filed with the commission relating to a licensee.

 13-2    If a written complaint is filed with the commission relating to a

 13-3    licensee, the commission, at least quarterly until final

 13-4    disposition of the complaint, shall notify the parties to the

 13-5    complaint of the status of the complaint, unless the notice would

 13-6    jeopardize an undercover investigation.]

 13-7          SECTION 16.  Subchapter C, Chapter 415, Government Code, is

 13-8    amended by adding Section 415.0605 to read as follows:

 13-9          Sec. 415.0605.  HEARING.  If the commission  proposes to

13-10    suspend, revoke, or refuse to renew a person's license, the person

13-11    is entitled to a hearing conducted by the State Office of

13-12    Administrative Hearings.  Proceedings for a disciplinary action are

13-13    governed by the administrative procedure law, Chapter 2001.  Rules

13-14    of practice adopted by the commission under Section 2001.004

13-15    applicable to the proceedings for a disciplinary action may not

13-16    conflict with rules adopted by the State Office of Administrative

13-17    Hearings.

13-18          SECTION 17.  The changes in law made by this Act in the

13-19    qualifications of, and the prohibitions applying to, members of the

13-20    Commission on Law Enforcement Officer Standards and Education do

13-21    not affect the entitlement of a member serving on the commission

13-22    immediately before August 29, 1997, to continue to carry out the

13-23    functions of the commission for the remainder of the member's term.

13-24    The changes in law apply only to a member appointed on or after

13-25    August 29, 1997.  This Act does not prohibit a person who is a

13-26    member of the commission on August 29, 1997, from being reappointed

13-27    to the commission if the person has the qualifications required for

 14-1    a member under Chapter 415, Government Code, as amended by this

 14-2    Act.

 14-3          SECTION 18.  (a)  Notwithstanding Section 415.004(c),

 14-4    Government Code, and for the purpose of coming into compliance with

 14-5    Section 415.004(b), Government Code, as amended by this Act, the

 14-6    governor shall appoint members to the Commission on Law Enforcement

 14-7    Officer Standards and Education, as current terms expire, in

 14-8    accordance with this section.

 14-9          (b)  When appointing a member to the position of the member

14-10    who is a commission licensee and who is not a sheriff,  constable,

14-11    or chief of police, and whose term expires on August 30, 1997, the

14-12    governor shall appoint a member to a term expiring on August 30,

14-13    1999.  When appointing members to the positions of the two members

14-14    who are a sheriff, constable, or chief of police, and whose terms

14-15    expire on August 30, 1997, the governor shall appoint one member to

14-16    a term expiring on August 30, 1999, and one member to a term

14-17    expiring on August 30, 2003.  As those terms expire, the governor

14-18    shall appoint members to full six-year terms.

14-19          (c)  When appointing members to the positions of the three

14-20    public members whose terms expire on August 30, 1999, the governor

14-21    shall appoint one member to a term expiring on August 30, 2001, one

14-22    member to a term expiring on August 30, 2003, and one member to a

14-23    term expiring on August 30, 2005.  As those terms expire, the

14-24    governor shall appoint members to full six-year terms.

14-25          (d)  When appointing members to the positions of the two

14-26    members who are commission licensees, who are not a sheriff,

14-27    constable, or chief of police, and whose terms expire on August 30,

 15-1    2001, the governor shall appoint one member to a term expiring on

 15-2    August 30, 2003, and one member to a term expiring on August 30,

 15-3    2007.  As those terms expire, the governor shall appoint members to

 15-4    full six-year terms.

 15-5          (e)  A term not specifically addressed by this section is a

 15-6    six-year term.

 15-7          SECTION 19.  This Act takes effect August 29, 1997.

 15-8          SECTION 20.  The importance of this legislation and the

 15-9    crowded condition of the calendars in both houses create an

15-10    emergency and an imperative public necessity that the

15-11    constitutional rule requiring bills to be read on three several

15-12    days in each house be suspended, and this rule is hereby suspended,

15-13    and that this Act take effect and be in force according to its

15-14    terms, and it is so enacted.