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78R146 SMH-D

By:  Gallegos                                                     S.B. No. 307



A BILL TO BE ENTITLED

AN ACT

relating to the composition of the Commission on Law Enforcement 
Officer Standards and Education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1701.051(a), Occupations Code, is 
amended to read as follows:
	(a)  The Commission on Law Enforcement Officer Standards and 
Education is an agency of this state and consists of nine members 
appointed by the governor with the advice and consent of the senate 
as follows:
		(1)  one member who is a sheriff;                                      
		(2)  one member who is a constable;                                    
		(3)  one member who is a chief [three members who are 
sheriffs, constables, or chiefs] of police;
		(4) [(2)]  three members who:                         
			(A)  are licensed under this chapter, two of whom 
are peace officers who, at the time of appointment, hold 
nonsupervisory positions with a law enforcement agency; and
			(B)  have been licensed under this chapter for the 
five years preceding the date of appointment; and
		(5) [(3)]  three members who represent the public.    
	SECTION 2.  Section 1701.054(a), Occupations Code, is 
amended to read as follows:
	(a)  Appointed commission members serve staggered six-year 
terms.  Every two years:
		(1)  the term of the member [one of the members] 
appointed under Section 1701.051(a)(1), (2), or (3), as 
appropriate, [1701.051(a)(1)] expires;
		(2)  the term of one of the members appointed under 
Section 1701.051(a)(4) [1701.051(a)(2)] expires; and
		(3)  the term of one of the members appointed under 
Section 1701.051(a)(5) [1701.051(a)(3)] expires.
	SECTION 3.  (a)  The changes in law made by this Act in the 
qualifications of members of the Commission on Law Enforcement 
Officer Standards and Education do not affect the entitlement of a 
member serving on the commission immediately before the effective 
date of this Act to continue to carry out the commission's functions 
for the remainder of the member's term.  The changes in law apply 
only to a member appointed on or after the effective date of this 
Act.  This Act does not prohibit a person who is a member of the 
commission on the effective date of this Act from being reappointed 
to the commission if the person has the qualifications required for 
a member under Section 1701.051(a), Occupations Code, as amended by 
this Act.
	(b)  As soon as possible on or after the effective date of 
this Act, as the terms of members of the Commission on Law 
Enforcement Officer Standards and Education expire or as vacancies 
occur, the governor shall appoint members to the commission so that 
the commission is composed in accordance with Section 1701.051(a), 
Occupations Code, as amended by this Act.
	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.