BILL ANALYSIS
By: Hamric
BACKGROUND AND PURPOSE
Under current law, all deputy constables are required to complete twenty hours of civil process training. The costs of this training include the constables' time, which is taken from other duties, and county money spent for this instruction. Exemption from this requirement is currently limited to hardship purposes, such as medical leave or military service. House Bill 2574 provides an exemption for deputies, whose duties do not involve civil process, eliminating the expenditure of personnel hours and county funds toward unnecessary training. The exemption does not apply to an elected constable.
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
House Bill 2574 amends Section 1701.354(d) of the Occupations Code to provide that the Commission on Law Enforcement Officer Standards and Education may waive instruction requirements under the section, if a constable requests a waiver for a deputy constable based on a representation that the deputy constable's duty assignment does not involve civil process responsibilities. The bill also makes non-substantive conforming changes.
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2005.