SRC-LBB C.S.S.B. 1114 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1114
78R11882 KEG-FBy: Williams
Criminal Justice
4/16/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Section 411.0077 of the Government Code 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.  C.S.S.B.
1114 requires the guidelines to be uniformly applied to all supervisory
and nonsupervisory commissioned officers.  

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 Section 411.0077, Government Code, by amending
Subsections (b) and (c) and adding Subsection (b-1), as follows: 

(b)  Requires the guidelines to be uniformly applied to all supervisory
and nonsupervisory commissioned officers. 

(b-1)  Requires the director or the director's designee to promptly notify
the officer in writing of the specific guideline adopted under Subsection
(b) on which the Texas Department of Public Safety's (DPS) decision is
based, if DPS denies approval of a commissioned officer's secondary
employment or proposed secondary employment. 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 adopted under Subsection (b), 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. 

SECTION 2.  Effective date:  September 1, 2003.
                       Makes application of this Act prospective.