By: Gallegos S.B. No. 307
(In the Senate - Filed January 28, 2003; February 5, 2003,
read first time and referred to Committee on Criminal Justice;
March 13, 2003, reported favorably by the following vote: Yeas 5,
Nays 0; March 13, 2003, sent to printer.)
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. Subsection (a), Section 1701.051, 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. Subsection (a), Section 1701.054, 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, 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 Subsection (a), Section 1701.051, 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 Subsection (a),
Section 1701.051, 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.
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