78R8060 KEG-F

By:  Kolkhorst                                                    H.B. No. 3199



A BILL TO BE ENTITLED

AN ACT

relating to the compensation of certain state law enforcement 
officers.     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 659, Government Code, is 
amended by adding Section 659.024 to read as follows:
	Sec. 659.024.  COMPENSATION OF CERTAIN STATE LAW ENFORCEMENT 
OFFICERS.  (a)  In this section:
		(1)  "Local law enforcement department" means any law 
enforcement department or office operated by a county or 
municipality.
		(2)  "Nonsupervisory local law enforcement officer" 
means a municipal police patrol officer or county deputy sheriff 
who does not supervise any other municipal police patrol officer or 
county deputy sheriff.
		(3)  "State law enforcement officer" means a law 
enforcement officer who holds a position classified under the state 
employee classification system and compensated under Salary 
Schedule C of the General Appropriations Act.
		(4)  "Total compensation" means base salary plus 
bilingual personnel pay, shift differential pay, holiday pay, 
longevity pay, uniform allowance, educational incentive pay, and 
certification pay for police officers who meet the requirements for 
certification set by the Commission on Law Enforcement Officer 
Standards and Education.
	(b)  Before September 1 of each even-numbered year, the state 
auditor shall conduct a survey of local law enforcement departments 
that employ more than 1,000 commissioned law enforcement officers 
to gather information about the total compensation provided by the 
departments to local law enforcement officers.
	(c)  Before January 1 of each odd-numbered year, the state 
auditor shall analyze the findings of the most recent survey 
conducted in accordance with Subsection (b) and shall submit to the 
legislature a report on the findings of the survey and analysis.  
The report must identify the five local law enforcement departments 
that provide the highest average total compensation to 
nonsupervisory local law enforcement officers who have been 
employed by the local law enforcement departments for at least 30 
years.
	(d)  The state auditor shall employ technically and 
professionally sound methodologies to conduct the survey and 
analysis required by this section.
	(e)  Local law enforcement departments shall cooperate with 
the state auditor by providing timely and accurate information 
requested by the state auditor in accordance with a survey under 
this section.
	(f)  The findings of a survey conducted in accordance with 
Subsection (b) are not appealable.
	(g)  To improve the ability of the state to recruit and 
retain qualified state law enforcement officers, the legislature 
shall, as necessary, based on a report submitted to the legislature 
in accordance with this section, increase the salaries of state law 
enforcement officers by amounts that are determined by:
		(1)  taking the difference between:                                    
			(A)  the average total compensation provided to 
nonsupervisory local law enforcement officers who have been 
employed for at least 30 years by the five highest-compensating 
local law enforcement departments identified in the report under 
this section; and
			(B)  the average total compensation provided to 
similarly ranked state law enforcement officers who have been 
employed by state law enforcement departments for at least 30 years 
and who do not supervise other officers; and
		(2)  adding to the amount determined under Subdivision 
(1) a dollar amount equal to five percent of the amount determined 
under Subdivision (1).
	(h)  The legislature may not reduce the salary allocated for 
a state law enforcement officer position solely in response to a 
report under this section.
	SECTION 2.  The state auditor shall conduct the first survey 
in accordance with Section 659.024, Government Code, as added by 
this Act, before September 1, 2004, and shall provide to the 
legislature the first report in accordance with that section before 
January 1, 2005.
	SECTION 3.  If the legislature increases the salary paid to a 
state law enforcement officer under Section 659.024, Government 
Code, as added by this Act, the salary increase shall take effect on 
September 1 of the next biennium.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.