BILL ANALYSIS

C.S.H.B. 2239

                                                                                                                                             By: Luna

Law Enforcement

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Under current law, no incentive exists for law enforcement officers to obtain supplemental training in homeland security and other areas beneficial to law enforcement.  C.S.H.B. 2239 provides for training certificates and financial incentives for officers completing approved courses.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2239 amends Chapter 421 of the Government Code by adding Subchapter F, Training, to provide the following:

• Requires the Department of Public Safety (the department) to adopt minimum standards for training courses in homeland security for peace officers.
• Requires review of courses offered and approval of courses meeting those standards
• Requires that the Commission on Law Enforcement Officer Standards and Education (the commission), upon request of the department, provide the department with a list of all homeland security courses that the commission's records indicate may be operating in this state and assist in the development of minimum standards.
• Requires the department to issue homeland security training certificates for officers completing appropriate training since January 1, 2003 and provides three levels of training.
• Provides that a homeland security training certificate issued under this section does not expire.
• Requires the commission to maintain an official record of courses completed and certificates earned and requires the department to assist with developing a plan for recordkeeping.

C.S.H.B. 2239 amends Subchapter A, Chapter 411 of the Government Code as follows:

• Subject to availability of money specifically appropriated to the department for purposes of Section 411.0161, requires the department to pay a supplement to an officer who has received a proficiency certificate and homeland security training in an amount not to exceed $100-$300 per month, depending on the officer's level of proficiency and training.
• Authorizes the department to pay a supplement to an officer who is certified under more than one level of proficiency or training under the most advanced combination of certification and training only.
• Provides that the supplemental pay is in addition to regular compensation.
• Provides that an officer who is entitled to supplemental pay under Section 411.0161 is entitled to that pay for as long as the proficiency certification is in effect.
• Allows an officer receiving supplemental pay under this section to receive additional supplemental pay under Section 411.0163, but not Section 411.0162.
• Subject to availability of money specifically appropriated to the department for purposes of Section 411.0162, requires the department to pay a supplement to an officer who has received a higher education degree and homeland security training in an amount not to exceed $100-$300 per month, depending on the officer's level of education and training.
• Authorizes the department to pay a supplement to an officer who has obtained more than one higher education degree or equivalent hours under the most advanced combination of education and training only.
• Provides that the supplemental pay is in addition to regular compensation.
• Allows an officer receiving supplemental pay under this section to receive additional supplemental pay under Section 411.0163, but not Section 411.0161.
• Subject to availability of money specifically appropriated to the department for purposes of Section 411.0163, authorizes the department to pay a supplement of not more than $100 a month for proficiency in a second language and homeland security training.
• Provides that the department determines whether the proficiency is beneficial in protecting public safety.
• Requires the officer to be able to demonstrate proficiency by reading, writing, and conversation skills in the second language.
• Provides that the supplemental pay is in addition to regular compensation.
• Allows an officer receiving supplemental pay under this section to receive additional supplemental pay under Section 411.0161 or 411.0162.

C.S.H.B. 2239 requires the department to develop minimum standards for appropriate homeland security training courses and certificates by no later than January 1, 2006, and allows a certificate to be awarded for a course taken by a peace officer between January 1, 2003 and the date the department begins approving courses, as long as that course is approved.

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2005.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2239 differs from the original bill in that it makes all supplemental pay under the Act subject to the availability of money specifically appropriated to the department for that purpose.

The committee substitute also provides that an officer who may receive supplemental pay under the section that provides supplemental pay for proficiency and homeland security training as well as the section that provides supplemental pay for higher education and homeland security training shall not be allowed supplemental pay under both sections.

The committee substitute makes non-substantive changes to the original bill.