SRC-LBB S.B. 1042 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1042
78R6593 KEG-FBy: Ellis, Rodney
Infrastructure Development and Security
3/27/2003
As Filed


DIGEST AND PURPOSE 

Currently, there is not an established federal grant program to assist
political subdivisions in preparing for incidents of possible domestic
terrorism.  There is a need for first response personnel to be adequately
trained in responding to potential chemical and/or biological agent
releases, identifying and disposing of unexploded weaponry, and managing
and responding to any type of domestic terrorist incident.  As proposed,
S.B. 1042 establishes a mechanism in which the Texas Commission on Law
Enforcement Officer Standards and Education (TCLEOSE) may take advantage
of the federal funding available and disperse such funds to certain law
enforcement agencies for domestic preparedness training that has been
approved by TCLEOSE. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 1701F, Occupations Code, by adding Section
1701.258, as follows: 

Sec. 1701.258.  DOMESTIC PREPAREDNESS TRAINING PROGRAMS FOR LAW
ENFORCEMENT OFFICERS.  (a)  Defines "domestic preparedness training" and
"law enforcement department." 
 
(b)  Requires a law enforcement department to implement a program of
domestic preparedness training for its law enforcement officers that
includes instructional or informational domestic preparedness training
courses certified by the Commission on Law Enforcement Officer Standards
and Education (TCLEOSE). 

(c)  Requires TCLEOSE to apply for federal funding available for domestic
preparedness training of law enforcement officers. Requires TCLEOSE, if
TCLEOSE obtains a federal grant for domestic preparedness training of law
enforcement officers, to perform certain functions. 
  
(d)  Requires TCLEOSE to administer a grant program under this section in
accordance with federal and state guidelines and prohibits the use of more
than three percent of the grant funds for administration of the grant
program. 

(e)  Requires a law enforcement department, on request of TCLEOSE, to
provide timely information to help TCLEOSE determine the appropriate
allocation of funding under this section for that law enforcement
department. 

(f)  Requires the head of a law enforcement department to maintain a
complete and detailed written record of any federal money related to
domestic preparedness training that the law enforcement department
receives from TCLEOSE and is required to spend in accordance with this
section.  Authorizes TCLEOSE to audit any funding received under this
section by a law enforcement department for a  domestic preparedness
training program.  Authorizes the state auditor to audit any money spent
by a law enforcement department for a domestic preparedness training
program under this section. 

SECTION 2.  Requires TCLEOSE, not later than January 1, 2004, to:

(1)  apply for federal funding available for domestic preparedness
training of law enforcement officers as required by Section 1701.258,
Occupations Code, as added by this Act; 

(2)  develop procedures to administer a federal grant program for domestic
preparedness training of law enforcement officers in accordance with that
section; and 

(3)  develop requirements and procedures for certification of appropriate
domestic preparedness training courses as required by that section. 

SECTION 3.  Requires TCLEOSE, not later than March 1, 2004, to review and
certify appropriate domestic preparedness training courses available
through Texas A&M University's Texas Engineering Extension Service and its
National Emergency Response and Rescue Training Center that meet the
requirements and procedures for certification developed by TCLEOSE. 

SECTION 4.  Effective date:  upon passage or September 1, 2003.