79R8287 KSD-D
By: Hegar H.B. No. 2023
A BILL TO BE ENTITLED
AN ACT
relating to funding for the continuing education of certain peace
officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 772.006, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) The criminal justice division shall administer a grant
program under which grants are awarded to support local law
enforcement agencies in this state in providing for the continuing
education of persons licensed under Chapter 1701, Occupations Code.
Amounts awarded under this subsection:
(1) shall be based on need, as determined by the
criminal justice division; and
(2) are in addition to amounts reimbursed under
Section 1701.157, Occupations Code.
SECTION 2. Section 1701.157, Occupations Code, is amended
to read as follows:
Sec. 1701.157. MONEY ALLOCATED AND USED FOR CONTINUING
EDUCATION. (a) Not later than March 1 of each calendar year, the
comptroller shall allocate money deposited during the preceding
calendar year in the general revenue fund to the credit of the law
enforcement officer standards and education fund account to
reimburse local law enforcement agencies in this state, as provided
by this section, for expenses incurred during the preceding
calendar year related to a purpose described by Subsection (b) [the
continuing education of persons licensed under this chapter as
follows:
[(1) 20 percent of the money is allocated to all local
law enforcement agencies in this state in equal shares; and
[(2) 80 percent of the money is allocated to all local
law enforcement agencies in this state in a share representing a
fixed amount for each position in the agency, as of January 1 of the
preceding calendar year, that is reserved to a person who:
[(A) is licensed under this chapter;
[(B) works as a peace officer on the average of at
least 32 hours a week; and
[(C) is compensated by a political subdivision of
this state at least at the minimum wage and is entitled to all
employee benefits offered to a peace officer by the political
subdivision].
(b) A local law enforcement agency in this state that
submits an application to the comptroller in the form and by the
deadline prescribed by the comptroller is entitled to reimbursement
from the comptroller for costs expended by the agency in a calendar
year to provide for the continuing education of persons licensed
under this chapter. The amount a local law enforcement agency is
reimbursed under this section may not exceed the maximum amount for
which the agency may be reimbursed as determined under Subsection
(c). Not later than November 1 of each calendar year, each local
law enforcement agency shall report to the comptroller the number
of agency positions described by Subsection (c)(1) [(a)(2)] as of
January 1 of that year.
(c) To determine the maximum amount of expenses in a
calendar year for which a local law enforcement agency may be
reimbursed under this section, the comptroller must:
(1) determine the total number of all positions in
local law enforcement agencies in this state that, as of January 1
of the calendar year for which expenses are being reimbursed, were
reserved for persons who:
(A) are licensed under this chapter;
(B) work as peace officers on the average of at
least 32 hours a week; and
(C) are compensated by a political subdivision of
this state at least at the minimum wage and are entitled to all
employee benefits offered to a peace officer by the political
subdivision;
(2) divide the total amount deposited to the credit of
the law enforcement officer standards and education fund account
during the calendar year for which expenses are being reimbursed by
the total number of positions computed under Subdivision (1); and
(3) multiply the per position share computed under
Subdivision (2) by the number of filled positions in the local law
enforcement agency during the calendar year for which expenses are
being reimbursed that meet the requirements of Subdivision (1).
(d) The head of a law enforcement agency shall maintain a
complete and detailed written record of expenses for which the
agency seeks reimbursement under this section [money received and
spent by the agency under this section]. Money received under this
section is subject to audit by the comptroller. Money spent under
this section is subject to audit by the state auditor.
[(d) A local law enforcement agency shall use money received
under Subsection (a) only as necessary to ensure the continuing
education of persons licensed under this chapter or to provide
necessary training, as determined by the agency head, to full-time
fully paid law enforcement support personnel in the agency.]
(e) A local law enforcement agency may not use money
received under this section [Subsection (a)] to replace funds that
are provided to the agency by the county or municipality having
jurisdiction over the agency on a recurring basis for training law
enforcement officers [and support personnel].
SECTION 3. (a) If funds are available for that purpose, the
criminal justice division of the governor's office shall award the
first grants under Section 772.006(d), Government Code, as added by
this Act, in the state fiscal year beginning September 1, 2005.
(b) The changes in law made by this Act to Section 1701.157,
Occupations Code, apply to reimbursements made on or after January
1, 2006, for expenses incurred by local law enforcement agencies
during calendar year 2005.
SECTION 4. This Act takes effect September 1, 2005.