S.B. 1114 78(R)    BILL ANALYSIS


S.B. 1114
By: Williams
Law Enforcement
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Current law requires the Texas Department of Public Safety (DPS) to
promulgate reasonable guidelines relating to acceptable off-duty
employment by its commissioned officers.  It has been DPS practice to deny
secondary employment, usually for a period of six months, to any officer
who is placed on disciplinary probation.  Senate Bill 1114 addresses this
issue by requiring the guidelines to be applied uniformly to all
supervisory and nonsupervisory commissioned officers. 
 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

Senate Bill 1114 amends Section 411.0077, Government Code, by amending
Subsections (b) and (c) and adding Subsection (b-1), as follows:  
(b) Requires the guidelines adopted by DPS to be uniformly applied to all
supervisory and nonsupervisory commissioned officers.  
(b-1)  If DPS denies approval of a commissioned officer's secondary
employment or proposed secondary employment,  the bill requires the
director or the director's designee to promptly notify the officer in
writing of the specific guideline upon which the decision is based.
Requires the notice to explain why the secondary employment or proposed
secondary employment is prohibited by the referenced guideline.  
(c) Provides that if a commissioned officer is engaged in off-duty
employment that the officer believes, in good faith, is not prohibited by
a specific guideline, the officer is authorized to engage in the off-duty
employment until the director or the director's designee informs the
officer in writing that the employment is not acceptable.  


EFFECTIVE DATE

This Act takes effect September 1, 2003.