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79R11890 KEG-F
By: Luna H.B. No. 2239
Substitute the following for H.B. No. 2239:
By: Hupp C.S.H.B. No. 2239
A BILL TO BE ENTITLED
AN ACT
relating to homeland security training and supplemental pay for
certain law enforcement officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 421, Government Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. TRAINING
Sec. 421.101. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of Public Safety
of the State of Texas.
(2) "Peace officer" means a person elected, employed,
or appointed as a peace officer under Article 2.12, Code of Criminal
Procedure.
Sec. 421.102. HOMELAND SECURITY TRAINING COURSES; MINIMUM
STANDARDS. (a) The department shall adopt minimum standards for
training courses in homeland security for peace officers.
(b) The minimum standards shall require a comprehensive
training program on the detection of, prevention of, and response
to domestic terrorist activities, including:
(1) managing a terrorism or weapons of mass
destruction incident, including the fundamentals of an incident
command structure;
(2) responding to terrorism threats;
(3) weapons of mass destruction hazards;
(4) weapons of mass destruction delivery devices and
methods;
(5) responding to hostage situations and barricaded
suspects in domestic terrorism situations;
(6) hazardous materials; and
(7) risk assessment of potential domestic terrorism
activities.
(c) The department shall review homeland security training
courses offered by public and private entities in this state to
determine whether a course meets the minimum standards developed by
the department. The department shall approve appropriate homeland
security training courses that meet the minimum standards developed
by the department. The department may also develop and offer its
own homeland security training courses.
(d) The department shall maintain a list of courses offered
or approved by the department under this section.
(e) At the request of the department, the Commission on Law
Enforcement Officer Standards and Education shall:
(1) provide the department with a list of all homeland
security training courses that the commission's records indicate
may be operating in this state; and
(2) assist the department with the development of
minimum standards under this section.
Sec. 421.103. HOMELAND SECURITY TRAINING CERTIFICATES;
ISSUANCE AND RECORDKEEPING. (a) The department shall issue the
following homeland security training certificates to a peace
officer who, after January 1, 2003, completes the appropriate
homeland security training courses offered or approved by the
department under Section 421.102:
(1) a level-one homeland security training
certificate to an officer who has completed eight hours of
training;
(2) a level-two homeland security training
certificate to an officer who has received a level-one certificate
and completed an additional eight hours of level-two training; and
(3) a level-three homeland security training
certificate to an officer who has received a level-two certificate
and completed an additional eight hours of level-three training.
(b) A homeland security training certificate issued under
this section does not expire.
(c) The Commission on Law Enforcement Officer Standards and
Education shall maintain an official record of each course
completed and each certificate earned by an officer under this
subchapter together with the commission's records of any continuing
education requirements fulfilled by the officer in accordance with
Section 1701.351, Occupations Code. The department shall assist the
commission with developing a plan for recordkeeping.
SECTION 2. Subchapter A, Chapter 411, Government Code, is
amended by adding Sections 411.0161 through 411.0163 to read as
follows:
Sec. 411.0161. SUPPLEMENTAL PAY FOR PROFICIENCY
CERTIFICATION AND HOMELAND SECURITY TRAINING. (a) Subject to the
availability of money specifically appropriated to the department
for the purposes of this section, the department shall pay a
supplement to an officer commissioned by the department who has
received the following proficiency certificates issued by the
Commission on Law Enforcement Officer Standards and Education and
homeland security training certificates issued by the department
and maintained by the commission with the officer's training
record, in an amount not to exceed:
(1) $100 a month for an intermediate peace officer
proficiency certificate and a level-one homeland security training
certificate;
(2) $200 a month for an advanced peace officer
proficiency certificate and a level-two homeland security training
certificate; or
(3) $300 a month for a master peace officer
proficiency certificate and a level-three homeland security
training certificate.
(b) If an officer has been issued more than one of the
proficiency certificates or homeland security training
certificates described in Subsection (a), the department may pay to
the officer only the amount of supplemental pay attributable to the
most advanced combination of certificates issued to the officer as
provided by Subsection (a).
(c) An officer who, subject to the availability of money
specifically appropriated for this purpose, is entitled to
supplemental pay under this section is entitled to that pay in
addition to the officer's regular compensation for as long as the
proficiency certification is in effect.
(d) An officer who receives supplemental pay under this
section may also receive additional supplemental pay under Section
411.0163 but not additional supplemental pay under Section
411.0162.
Sec. 411.0162. SUPPLEMENTAL PAY FOR HIGHER EDUCATION AND
HOMELAND SECURITY TRAINING. (a) Subject to the availability of
money specifically appropriated to the department for the purposes
of this section, the department shall pay a supplement to an officer
commissioned by the department who has received the following
higher education degrees, or equivalent hours, from an institution
of higher education, as defined by Section 61.003, Education Code,
and homeland security training certificates issued by the
department and maintained by the Commission on Law Enforcement
Officer Standards and Education with the officer's training record,
in an amount not to exceed:
(1) $100 a month for an associate's degree, or
equivalent hours, and a level-one homeland security training
certificate;
(2) $200 a month for a bachelor's degree, or equivalent
hours, and a level-two homeland security training certificate; or
(3) $300 a month for a master's or more advanced
degree, or equivalent hours, and a level-three homeland security
training certificate.
(b) Supplemental pay to an officer under this section is in
addition to the officer's regular compensation.
(c) If an officer has obtained more than one higher
education degree, has earned hours equivalent to more than one
higher education degree, or has received more than one homeland
security training certificate described in Subsection (a), the
department may pay to the officer only the amount of supplemental
pay attributable to the most advanced combination of degrees or
certificates obtained by the officer as provided by Subsection (a).
(d) An officer who receives supplemental pay under this
section may also receive additional supplemental pay under Section
411.0163 but not additional supplemental pay under Section
411.0161.
Sec. 411.0163. SUPPLEMENTAL PAY FOR PROFICIENCY IN SECOND
LANGUAGE AND HOMELAND SECURITY TRAINING. (a) Subject to the
availability of money specifically appropriated to the department
for the purposes of this section, the department may pay a
supplement of not more than $100 a month to an officer commissioned
by the department who has received at least one homeland security
training certificate issued by the department under Section 421.103
and maintained by the Commission on Law Enforcement Officer
Standards and Education with the officer's training record who is
proficient in both English and a second language, if:
(1) the department determines that proficiency in the
second language is beneficial to protecting the public safety; and
(2) the officer is able to demonstrate proficiency in
the second language by demonstrating reading, writing, and
conversation skills as determined by the department.
(b) Supplemental pay to an officer under this section is in
addition to the officer's regular compensation.
(c) An officer who receives supplemental pay under this
section may also receive additional supplemental pay under Section
411.0161 or 411.0162.
SECTION 3. (a) Not later than January 1, 2006, the
Department of Public Safety of the State of Texas shall develop
minimum standards for appropriate homeland security training
courses and certificates as required by Subchapter F, Chapter 421,
Government Code, as added by this Act.
(b) The department may issue a certificate under Section
421.103, Government Code, as added by this Act, for a course taken
by a peace officer between January 1, 2003, and the date the
department begins approving homeland security courses under
Section 421.102, Government Code, as added by this Act, if the
department begins approving courses under Section 421.102,
Government Code, as added by this Act, and subsequently approves
that course.
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, 2005.