BILL ANALYSIS
By: Menendez
BACKGROUND AND PURPOSE
Historically, labor organizations that represent peace officers provide legal representation, handle grievances, and negotiate with public employers for their members. The organizations also participate in the political process by raising money for political action committees and endorsing candidates. Dues paid by members of the organization primarily fund these activities. Peace officers are required to receive training mandated by the Commission on Law Enforcement. Regional police academies, universities, and law enforcement agencies have historically provided this training. Some peace officer organizations have now gone into the training business and have sought funding from grants awarded by State agencies. Questions have been raised about the use of State tax dollars to fund the activities of these peace officer organizations. There is a fine line between providing training to peace officers that are required to attend these classes and, at the same time, using the training programs to promote the organization itself and recruit new members to the organization. There is a question as to whether it is proper for the State to provide funds to organizations that are involved in the political process.
As proposed, House Bill No. 1200, would amend Chapter 614 of the Government to prohibit a State agency from distributing any money under its control to a peace officer organization that is required to register with the Ethics Commission, employs lobbyists, or provides legal representation to its members.
RULEMAKING AUTHORITY
It is the opinion of the committee that this bill does not expressly grant any additional rulemaking authority to a State officer, institution, department or agency.
SECTION-BY-SECTION ANALYSIS
SECTION 1. Would add Subchapter H to Chapter 614, Government Code, titled “Grants to Peace Officer Organizations”. Sec. 614.151 would define terms used in the subchapter, including “appropriated money,” “peace officer organization,” and “state agency”. Sec. 614.152 would provide that a State agency may not use any money, including appropriated money, to make a grant or other distribution to a peace officer organization if the organization, or an employee of the organization, is required to register under Chapter 305; if the organization employs a person for the purpose of affecting the outcome of legislation, agency rules, ordinances, or other governmental policies; or if the organization provides legal representation to its members.
SECTION 2. Provides that the Act would take effect upon passage or September 1, 2007.
EFFECTIVE DATE
This Act would take effect September 1, 2007, or 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.