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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.