By Bernsen                                            S.B. No. 1692
         76R6417 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a requirement that a county jailer have training as a
 1-3     peace officer.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 415.051(a), Government Code, is amended
 1-6     to read as follows:
 1-7           (a)  Except as provided by Section [Sections 415.054 and]
 1-8     415.055, a person may not appoint an officer, county jailer, or
 1-9     public security  officer unless the officer, county jailer, or
1-10     public security officer has the appropriate license from the
1-11     commission.  A law enforcement agency or governmental entity hiring
1-12     a person desiring a commission license must file an application
1-13     with the commission as provided by commission rule.  A provision of
1-14     this chapter applying to issuance or revocation of a peace officer
1-15     license applies to issuance or revocation of a public security
1-16     officer license.
1-17           SECTION 2.  Section 415.052(b), Government Code, is amended
1-18     to read as follows:
1-19           (b)  The commission may issue a permanent license to be an
1-20     officer and may issue a [temporary or] permanent license to be a
1-21     county jailer.
1-22           SECTION 3.  Section 415.054, Government Code, is amended to
1-23     read as follows:
1-24           Sec. 415.054.  APPOINTMENT OF COUNTY JAILER.  (a)  A person
 2-1     may not be appointed as a county jailer [, except on a temporary
 2-2     basis,] unless the person has satisfactorily completed the
 2-3     preparatory program of training required for appointment as a peace
 2-4     officer at a school operated or licensed by the commission and has
 2-5     satisfactorily completed a preparatory program of training in the
 2-6     operation of a county jail at a school operated or licensed  by the
 2-7     commission.  [If a county jailer appointed on a temporary basis
 2-8     does not satisfactorily complete the program, as prescribed by the
 2-9     commission, before one year after the date that the person is
2-10     originally appointed, the person shall be removed from the
2-11     position.  A temporary employment may not exceed one year and may
2-12     not be renewed, except that not earlier than one year after a
2-13     person is removed under this subsection the sheriff may petition
2-14     the commission for reinstatement of the person to temporary
2-15     employment.]
2-16           (b)  [A county jailer serving under permanent appointment
2-17     before September 1, 1979, regardless of whether the person's
2-18     employment was terminated before that date because of failure to
2-19     satisfy standards adopted under Section 14, Chapter 480, Acts of
2-20     the 64th Legislature, 1975 (Article 5115.1, Vernon's Texas Civil
2-21     Statutes), is not required to meet a requirement of this section as
2-22     a condition of continued employment or promotion unless:]
2-23                 [(1)  in an attempt to meet the standards the person
2-24     took an examination and failed or was not allowed to finish the
2-25     examination because the person acted dishonestly in regard to the
2-26     examination;]
2-27                 [(2)  the person forged a document purporting to show
 3-1     that the person met the standards; or]
 3-2                 [(3)  the person seeks a new appointment as a county
 3-3     jailer on or after September 1, 1984.]
 3-4           [(c)]  A county jailer serving under permanent appointment
 3-5     before September 1, 1979, is eligible to attend training courses in
 3-6     the  operation of a county jail subject to the commission rules.
 3-7           SECTION 4.  (a)  This Act takes effect September 1, 1999.
 3-8           (b)  Section 415.054, Government Code, as amended by this
 3-9     Act, applies to any person appointed as a county jailer on or after
3-10     the effective date of this Act.  A person employed as a county
3-11     jailer immediately before the effective date of this Act must
3-12     satisfactorily complete a preparatory program of training required
3-13     for appointment as a peace officer at a school operated or licensed
3-14     by the commission and satisfactorily complete a preparatory program
3-15     of training in the operation of a county jail at a school operated
3-16     or licensed by the commission not later than September 1, 2001, to
3-17     retain the person's position as county jailer.
3-18           SECTION 5.  The importance of this legislation and the
3-19     crowded condition of the calendars in both houses create an
3-20     emergency and an imperative public necessity that the
3-21     constitutional rule requiring bills to be read on three several
3-22     days in each house be suspended, and this rule is hereby suspended.