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78R6593 KEG-F

By:  Ellis                                                        S.B. No. 1042



A BILL TO BE ENTITLED

AN ACT

relating to domestic preparedness training programs for certain law 
enforcement officers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter F, Chapter 1701, Occupations Code, is 
amended by adding Section 1701.258 to read as follows:
	Sec. 1701.258.  DOMESTIC PREPAREDNESS TRAINING PROGRAMS FOR 
LAW ENFORCEMENT OFFICERS.  (a)  In this section:
		(1)  "Domestic preparedness training" means training 
for law enforcement personnel that relates to:
			(A)  preparing to respond and responding to 
weapons of mass destruction;
			(B)  identifying and disposing of unexploded 
weaponry; or           
			(C)  managing, preparing to respond to, and 
responding to a terrorist incident.
		(2)  "Law enforcement department" means:                               
			(A)  the Department of Public Safety of the State 
of Texas; and     
			(B)  a department of a municipality, county, port 
authority, navigation district, or airport authority that:
				(i)  employs persons who are certified by 
the commission as peace officers; and
				(ii)  has jurisdiction that includes an 
airport that services a commercial airline carrier or a seaport.
	(b)  Subject to available funding, a law enforcement 
department shall implement a program of domestic preparedness 
training for its law enforcement officers that includes 
instructional or informational domestic preparedness training 
courses certified by the commission.
	(c)  The commission shall apply for federal funding 
available for domestic preparedness training of law enforcement 
officers. If the commission obtains a federal grant for domestic 
preparedness training of law enforcement officers, the commission 
shall:
		(1)  develop requirements, including requirements  for 
sponsors and curriculum, and procedures for domestic preparedness 
training courses to be certified by the commission;
		(2)  review and certify appropriate domestic 
preparedness training courses that meet the commission's 
requirements and procedures for certification;
		(3)  not later than February 1 of each year, allocate to 
law enforcement departments federal grant money to assist the law 
enforcement departments in implementing domestic preparedness 
training programs under this section; and
		(4)  provide other appropriate assistance to law 
enforcement departments to assist them in implementing domestic 
preparedness training programs under this section.
	(d)  The commission shall administer a grant program under 
this section in accordance with federal and state guidelines and 
may not use more than three percent of the grant funds for 
administration of the grant program.
	(e)  A law enforcement department must, on request of the 
commission, provide timely information to help the commission 
determine the appropriate allocation of funding under this section 
for that law enforcement department.
	(f)  The head of a law enforcement department must maintain a 
complete and detailed written record of any federal money related 
to domestic preparedness training that the law enforcement 
department receives from the commission and is required to spend in 
accordance with this section.  The commission may audit any funding 
received under this section by a law enforcement department for a 
domestic preparedness training program.  The state auditor may 
audit any money spent by a law enforcement department for a domestic 
preparedness training program under this section.
	SECTION 2.  Not later than January 1, 2004, the Commission on 
Law Enforcement Officer Standards and Education shall:
		(1)  apply for federal funding available for domestic 
preparedness training of law enforcement officers as required by 
Section 1701.258, Occupations Code, as added by this Act;
		(2)  develop procedures to administer a federal grant 
program for domestic preparedness training of law enforcement 
officers in accordance with that section; and
		(3)  develop requirements and procedures for 
certification of appropriate domestic preparedness training 
courses as required by that section.
	SECTION 3.  Not later than March 1, 2004, the Commission on 
Law Enforcement Officer Standards and Education shall review and 
certify appropriate domestic preparedness training courses 
available through Texas A&M University's Texas Engineering 
Extension Service and its National Emergency Response and Rescue 
Training Center that meet the requirements and procedures for 
certification developed by the commission.
	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.