80R9602 EJI-D

By: Harper-Brown H.B. No. 3704

A BILL TO BE ENTITLED

AN ACT

relating to immigration law training for certain law enforcement officers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1701.253, Occupations Code, is amended by adding Subsection (k) to read as follows:

(k) After September 1, 2008, as part of the minimum curriculum requirements, the commission shall require an applicant for a license as an officer under this chapter to complete immigration law training described by Section 1701.3522(b). Not later than the date prescribed by the commission, the applicant shall submit to the commission written certification from the appropriate federal agency that the applicant has completed immigration law training described by Section 1701.3522(b).

SECTION 2. Subchapter H, Chapter 1701, Occupations Code, is amended by adding Section 1701.3522 to read as follows:

Sec. 1701.3522. MEMORANDUM OF UNDERSTANDING; IMMIGRATION LAW TRAINING FOR CERTAIN LAW ENFORCEMENT OFFICERS. (a) In this section, "law enforcement officer" means an individual elected, appointed, or employed to serve as a peace officer for a governmental entity of this state under Article 2.12, Code of Criminal Procedure.

(b) The commission shall enter into a memorandum of understanding with Immigration and Customs Enforcement, a division of the federal Department of Homeland Security, or its successor agency, to provide law enforcement officers with immigration law training under the supervision of Immigration and Customs Enforcement officers as provided by Section 287(g), Immigration and Nationality Act (8 U.S.C. Section 1357).

(c) The commission shall require a state, county, or municipal agency that appoints or employs law enforcement officers to make available to those officers immigration law continuing education training described by Subsection (b).

(d) The commission shall require a municipality to provide immigration law continuing education training described by Subsection (b) to not less than:

(1) two percent of the municipality's law enforcement officers, in a municipality with a population of 50,000 or more;

(2) one percent of the municipality's law enforcement officers, in a municipality with a population of 25,000 or more but not more than 49,999;

(3) 0.5 percent of the municipality's law enforcement officers, in a municipality with a population of 10,000 or more but not more than 24,999; and

(4) 0.25 percent of the municipality's law enforcement officers, in a municipality with a population of less than 10,000.

(e) The commission shall require a county to provide immigration law continuing education training described by Subsection (b) to not less than:

(1) two percent of the county's law enforcement officers, in a county with a population of more than 50,000;

(2) one percent of the county's law enforcement officers, in a county with a population of 25,001 or more but not more than 50,000;

(3) 0.5 percent of the county's law enforcement officers, in a county with a population of 10,001 or more but not more than 25,000;

(4) four of the county's law enforcement officers, in a county with a population of 5,000 or more but not more than 10,000; and

(5) two of the county's law enforcement officers, in a county with a population of less than 5,000.

(f) The commission shall adopt rules for the administration of this section.

SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (n) to read as follows:

(n) After September 1, 2008, as part of the initial training and continuing education for police chiefs required under this section, the institute shall require a newly appointed or elected police chief to complete immigration law training described by Section 1701.3522(b).

SECTION 4. Not later than October 1, 2007, the Commission on Law Enforcement Officer Standards and Education shall adopt rules as required by this Act.

SECTION 5. 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, 2007.