BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 3341

                                                                                                                                         By: Burnam

                                                                                                                               Law Enforcement

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Human trafficking amounts to a modern day slave trade with estimates ranging from approximately 15,000 - 50,000 victims in the U.S. each year. There have been numerous cases of human trafficking in the State of Texas.  Several police departments in Texas have excellent training programs for dealing with trafficking of persons; however there are many departments that have no standard training or even information about the trafficking of persons.

 

C.S.H.B. 3341 would require each peace officer recruit to complete an education and training program relating to the trafficking of persons developed and made available by the Commission on Law Enforcement Officer Standards and Education.   The substitute would also provide that as part of the minimum curriculum requirements, the Commission on Law Enforcement Officer Standards and Education is required to establish an education and training program relating to the trafficking of persons for recruits and officers.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

C.S.H.B. 3341 amends Occupations Code Section 1701.253 to provide that as part of the minimum curriculum requirements, the Commission on Law Enforcement Officer Standards and Education is required to establish an education and training program relating to the trafficking of persons for recruits and officers.  The Commission on Law Enforcement Officer Standards and Education is required to develop learning and performance objectives for the program in consultation with national and state experts in the field of the trafficking of persons.  The bill requires that a recruit complete the program before they may be licensed as an officer under Chapter 1701, Occupations Code.  The bill also provides requirements of the education and training program. The bill also states that a recruit must complete a program established under Subsection (k) before the person may be licensed as an officer under this chapter.

 

C.S.H.B. 3341 also amends Occupations Code Chapter 1701.352 by adding Subsection (f-1) which requires the Commission on Law Enforcement Officer Standards and Education to require that a person licensed under Occupations Code Chapter 1701 on September 1, 2007, complete the education and training program on the trafficking of persons described by Section 1701.253 (k) not later than December 1, 2011.  The bill also provides that the program must be available to the officers on the Internet and that Occupations Code Chapter 1701.352 (f-1) expires September 1, 2012.

 

The Commission on Law Enforcement Officer Standards and Education is required to develop and make available the education and training program required by Occupations Code Section 1701.253 (k), as added by this act, not later than December 1, 2007.

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 
The substitute differs from the original bill in that the original amends Section 1701.352 of the Occupations code and requires the Commission on Law Enforcement Officer Standards and Education to require that each peace officer complete an education and training program relating to  the trafficking of persons once every 48 months.  The original also required that the attorney general to develop learning and performance objectives for the program in consultation with national and state experts in the field of the trafficking of persons and to administer the education and training program. 

 

The substitute instead amends Occupations Code Section 1701.253 to provide that, as part of the minimum curriculum requirements for schools subject to approval under Occupations Code Section 1701.251(c)(1), the Commission on Law Enforcement Officer Standards and Education is required to establish an education and training program relating to the trafficking of persons for recruits and officers and to develop learning and performance objectives for the program in consultation with national and state experts in the field of the trafficking of persons. 

 

The substitute also requires that a recruit complete the program before they may be licensed as an officer under Chapter 1701, Occupations Code; the original bill required that each peace officer complete the program once every 48 months. 

 

The substitute also differs in that while the original bill required that the education and training program be presented by persons who have expertise related to the trafficking of persons and delivering direct services to victims of trafficking, to the extent the attorney general considers appropriate and practicable; the substitute makes this requirement of the Commission on Law Enforcement Officer Standards and Education instead of the attorney general.

 

The substitute further differs in that the original required that the attorney general develop and make the education and training program available to peace officers not later than December 1, 2007.  The substitute makes this requirement of the Commission on Law Enforcement Officer Standards and Education instead of the attorney general.

 

The substitute also requires the Commission on Law Enforcement Officer Standards and Education to require that a person licensed under Occupations Code Chapter 1701 on September 1, 2007, complete the education and training program on the trafficking of persons not later than December 1, 2011.  The substitute also provides that the program must be available to the officers on the Internet and that Occupations Code Chapter 1701.352 (f-1) expires September 1, 2012.  The original bill made no such requirement.