2003S0516-1 03/06/03


By:  Janek                                                        S.B. No. 1199

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) "Local law enforcement officer" means a person who is a: (A) municipal police patrol officer or a county deputy sheriff; and (B) does not supervise a person described by Paragraph (A). (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 compensation from the following stipends: certificate pay for proficiency certificates issued by the Commission on Law Enforcement Officer Standards and Education, bilingual pay, educational incentives, shift differential pay, holiday pay, longevity pay, and uniform allowance. (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 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 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 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 all state law enforcement officers as defined by Subsection (a) by amounts that are determined by: (1) taking the difference between: (A) the average total compensation paid by the five highest-paying local law enforcement departments identified in the report under this section to local law enforcement officers as defined by Subsection (a) who have been employed by the local law enforcement departments for at least 30 years; and (B) the total compensation paid to state law enforcement officers below the rank of sergeant 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.