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79R4521 YDB-F

By:  Williams                                                     S.B. No. 731



A BILL TO BE ENTITLED

AN ACT

relating to initial training and continuing education requirements 
for a constable.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 96, Education Code, is 
amended by adding Section 96.642 to read as follows:
	Sec. 96.642.  INITIAL TRAINING AND CONTINUING EDUCATION FOR 
CONSTABLES.  (a)  The Bill Blackwood Law Enforcement Management 
Institute of Texas shall establish and offer a program of initial 
training and a program of continuing education for constables.  The 
curriculum for each program must relate to law enforcement 
management and civil process issues.  The institute shall develop 
the curriculum for the programs.  The curriculum must be approved by 
the Commission on Law Enforcement Officer Standards and Education.
	(b)  Each constable must complete at least 40 hours of 
continuing education provided by the institute under this section 
each 48-month period.
	(c)  An individual appointed or elected to that individual's 
first position as constable must complete at least 40 hours of 
initial training for new constables in accordance with Subsections 
(d) and (e).
	(d)  A newly appointed or elected constable shall complete 
the initial training program for new constables not later than the 
second anniversary of that individual's appointment or election as 
constable.  The initial training program for new constables is in 
addition to the training required by Chapter 1701, Occupations 
Code.  The first 48-month period under Subsection (b) begins, for an 
individual who completes the initial training program for new 
constables under this section, on the first anniversary of the date 
the individual completed the initial training program.
	(e)  The institute by rule may provide for the waiver of:               
		(1)  all or part of the required 40 hours of initial 
training for new constables to the extent the new constable has 
satisfactorily completed equivalent training during the 24 months 
preceding the individual's appointment or election; or
		(2)  the continuing education requirements of 
Subsection (b) for an individual who has satisfactorily completed 
equivalent continuing education during the preceding 24 months.
	(f)  An individual who successfully completes the continuing 
education requirements of Subsection (b) is exempt from any 
continuing education the individual is required to complete in a 
24-month period under Subchapter H, Chapter 1701, Occupations Code, 
only if the individual completes the requirements of Subsection (b) 
during that 24-month period.  An individual who is exempt under this 
subsection from required continuing education under Subchapter H, 
Chapter 1701, Occupations Code, during a 24-month period, is not 
exempt from any continuing education the individual is required to 
complete under that subchapter in the subsequent 24-month period.
	SECTION 2.  (a)  Not later than January 1, 2006, the Bill 
Blackwood Law Enforcement Management Institute of Texas shall 
establish the initial training and continuing education programs 
required by Section 96.642, Education Code, as added by this Act.
	(b)  Section 96.642(c), Education Code, as added by this Act, 
requiring newly appointed or elected constables to complete at 
least 40 hours of initial training, applies only to an individual 
newly appointed or elected as constable who takes office on or after 
January 1, 2006.
	SECTION 3.  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.