By Duncan                                       S.B. No. 1633

      75R6925 GJH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the members of the Commission on Law Enforcement

 1-3     Officer Standards and Education.

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

 1-5           SECTION 1.  Sections 415.004(a) and (b), Government Code, are

 1-6     amended to read as follows:

 1-7           (a)  The commission is composed of 12 [nine] members

 1-8     appointed by the governor with the advice and consent of the

 1-9     senate.  The governor shall make the appointments without regard to

1-10     the race, creed, sex, religion, or national origin of the

1-11     appointees.  A member must be a resident of this state.

1-12           (b)  Two [Three] members must be a sheriff or[,] constable,

1-13     and one member must be a full-time municipal law enforcement

1-14     training coordinator.  The term of one of those three members must

1-15     expire every two years.  Three members must be municipal chiefs of

1-16     police, and the term of one of those three members must expire

1-17     every two years. One chief of police must be the chief of police of

1-18     a municipality with a population of at least 250,000.  One chief of

1-19     police must be the chief of police of a municipality with a

1-20     population greater than 25,000 and less than 250,000.  One chief of

1-21     police must be the chief of police of a municipality with a

1-22     population of 25,000 or less [or chief of police].  Three members

1-23     must be persons licensed under this chapter, two of those three

1-24     members [whom] must be peace officers who when appointed hold

 2-1     nonsupervisory positions with a law enforcement agency, and the

 2-2     term of one of those three members must expire every two years.  A

 2-3     licensed member must have been licensed for the five consecutive

 2-4     years preceding the date of the member's appointment.  Three

 2-5     members must be members of the general public, and the term of one

 2-6     of those three members must expire every two years.

 2-7           SECTION 2.  (a)  For the purpose of coming into compliance

 2-8     with  Sections 415.004(a) and (b), Government Code, as amended by

 2-9     this Act, the governor shall appoint three additional members to

2-10     the Commission on Law Enforcement Officer Standards and Education

2-11     in accordance with this section.

2-12           (b)  The governor shall appoint a full-time municipal law

2-13     enforcement training coordinator, the chief of police of a

2-14     municipality with a population of at least 250,000, and the chief

2-15     of police of a municipality with a population greater than 25,000

2-16     and less than 250,000.

2-17           (c)  The governor shall appoint the full-time municipal law

2-18     enforcement training coordinator to  a term expiring  on August 30,

2-19     1999.  The governor shall appoint the chief of police of the

2-20     municipality with a population of at least 250,000 to a term

2-21     expiring on August 30, 2001. The governor shall appoint the chief

2-22     of police of the municipality with a population greater than 25,000

2-23     and less than 250,000 to a term expiring August 30, 1999.  As those

2-24     terms expire, the governor shall appoint members to full six-year

2-25     terms.

2-26           SECTION 3.  (a)  Notwithstanding Section 415.004(c),

2-27     Government Code, and for the purpose of coming into compliance with

 3-1     Sections 415.004(a) and (b), Government Code, as amended by this

 3-2     Act, the governor shall appoint members to the Commission on Law

 3-3     Enforcement Officer Standards and Education as current terms

 3-4     expire, in accordance with this section.

 3-5           (b)  When appointing members to the positions of the two

 3-6     members who are commission licensees who are not sheriffs,

 3-7     constables, or chiefs of police and whose terms expire on August

 3-8     30, 2001, the governor shall appoint one member who is a commission

 3-9     licensee who is not a sheriff, constable, or chief of police to a

3-10     term expiring on  August 30, 2005, and one member who is a

3-11     commission licensee who is not a sheriff, constable, or chief of

3-12     police to a term expiring on August 30, 2007. As those terms

3-13     expire, the governor shall appoint members to full six-year terms.

3-14           (c)  When appointing a member to the position of the member

3-15     who  is a commission licensee who is not a sheriff, constable, or

3-16     chief of police and whose term expires on August 30, 2003, the

3-17     governor shall appoint a member to a term expiring on August 30,

3-18     2009.  As that term expires, the governor shall appoint  a member

3-19     to a full six-year term.

3-20           (d)  When appointing members to the positions of the three

3-21     public members whose terms expire on August 30, 1999, the governor

3-22     shall appoint one public member to a term expiring on August 30,

3-23     2001, one public member to a term expiring  on August 30, 2003, and

3-24     one public member to a term expiring on August 30, 2005.  As those

3-25     terms expire, the governor shall appoint members to full six-year

3-26     terms.

3-27           (e)  When appointing members to the positions of the two

 4-1     members who are sheriffs, constables, or chiefs of police and whose

 4-2     terms expire on August 30, 1997, the governor shall appoint one

 4-3     sheriff or constable to a term expiring August 30, 2003, and a

 4-4     chief of police of a municipality with a population of 25,000 or

 4-5     less to a term expiring August 30, 2003. As those terms expire, the

 4-6     governor shall appoint members to full six-year terms.

 4-7           (f)  When appointing a member to the position of the member

 4-8     who is a sheriff, constable, or chief of police and whose term

 4-9     expires on August 30, 2001, the governor shall appoint a sheriff or

4-10     constable to a term expiring August 30, 2007. As that term expires,

4-11     the governor shall appoint a member to a full six-year term.

4-12           SECTION 4.  This Act takes effect August 29, 1997.

4-13           SECTION 5.  The importance of this legislation and the

4-14     crowded condition of the calendars in both houses create an

4-15     emergency and an imperative public necessity that the

4-16     constitutional rule requiring bills to be read on three several

4-17     days in each house be suspended, and this rule is hereby suspended,

4-18     and that this Act take effect and be in force according to its

4-19     terms, and it is so enacted.