LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION

April 15, 2005

TO:	Honorable Robert Talton, Chair, House Committee on Urban Affairs
FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:	HB3182 by Turner (Relating to due process for certain law enforcement officers.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would establish the Law Enforcement Officers' Due Process Act (act). The act would apply to a municipal police department, sheriff's department, or constable's office that employs, commissions, or appoints a law enforcement officer. The act would establish the procedures that a law enforcement agency would be required to follow in relation to an officer who is under investigation or is subjected to questioning for any reason that could lead to disciplinary action, demotion, or dismissal. Provisions of the act would not supersede an existing meet and confer or collective bargaining agreement.

The bill would take effect September 1, 2005 and would apply only to an administrative investigation or a disciplinary hearing begun on or after that date.

Certain requirements within the act would result in the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) having to make minor alterations to the agency's curricula or consultations with law enforcement agencies. TCLEOSE reports that the agency could absorb these changes using existing resources.

Local Government Impact

Local law enforcement agencies may have to alter their policies and procedures to reflect the requirements of the act; however, no significant fiscal implication is anticipated.

Source Agencies:

407 Commission on Law Enforcement Officer Standards and Education

LBB Staff:

JOB, DLBa