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BILL ANALYSIS |
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By: Harper-Brown |
BACKGROUND AND PURPOSE
The Texas Commission on Law Enforcement Officer Standards and Education (Commission) seeks to make certain Texas has highly trained and ethical law enforcement and county corrections personnel by ensuring that licensees are qualified, competent, and meet minimum licensure standards. To accomplish its mission, the Commission licenses and certifies qualified individuals as peace officers, county jailers, and telecommunicators; approves and evaluates training providers; develops and maintains basic training and continuing education courses; and takes disciplinary action against licensees to enforce statute and rules.
The Commission is subject to the Sunset Act and will be abolished on September 1, 2009, unless continued by the Legislature. The Sunset Commission found that Texas has a clear and ongoing need to train and regulate law enforcement and county corrections personnel, but that several statutory modifications are needed to improve the agency’s operations.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission on Law Enforcement Officer Standards and Education in SECTION 7, SECTION 8, SECTION 11, SECTION 13, SECTION 15, SECTION 18, and SECTION 21 of this bill.
ANALYSIS
Requires the Commission to develop and implement methods for law enforcement agencies to electronically submit information required by Commission
C.S.H.B. 3389 requires the Commission to develop methods for electronic submission of all of required data and documents. The bill also removes the statutory provision requiring law enforcement agencies to submit written requests for F-5 discharge forms for hiring purposes on agency letterhead, and requires the Commission to verify this request electronically.
Clarifies that the Commission is not a party to F-5, or discharge form, disputes
The bill clarifies that the Commission is not a party to F-5 disputes in hearings of the State Office of Administrative Hearings.
Conforms key elements of the Commission’s licensing and regulatory functions to commonly applied licensing practices
C.S.H.B. 3389 removes the requirement for the Commission to establish standards for the certification of all county jail personnel except for county jailers. The bill requires the Commission to identify which crimes relate to the ability of a person to perform the occupation of county jailer for use in licensing and enforcement decisions. C.S.H.B. 3389 requires the Commission to establish rules for conducting audits of law enforcement agencies and a risk assessment methodology for selection and scheduling of the Commission’s audits. The bill also authorizes the Commission to levy administrative penalties of up to $1,000 per day, per violation against law enforcement agencies that violate the Commission’s statute or rules.
C.S.H.B. 3389 requires the Commission to adopt procedures for all phases of its jurisdictional complaint process and to analyze sources and types of complaints to identify and address problem areas and trends. The bill requires the Commission to outline its enforcement process and make information about the process available to licensees and the public. C.S.H.B. 3389 also requires the Commission to clarify, in rule, its enforcement procedures for placing and sanctioning training providers on probationary status.
Removes the Commission’s ex officio members
C.S.H.B. 3389 removes ex officio members that are no longer needed from the Commission’s composition.
High School Equivalency Certificates
C.S.H.B. 3389 returns to current law the requirement that persons who obtain a high school equivalency certificate, such as a GED, must obtain 12 credit hours from an accredited college or university as a prerequisite to obtaining a peace officer license.
Firearms Proficiency
C.S.H.B. 3389 expands the requirement for peace officers to complete annual firearms proficiency from law enforcement agencies with two or more peace officers to agencies with one or more peace officers.
Venue
C.S.H.B. 3389 establishes the venue for the prosecution of criminal violations of Occupations Code, Chapter 1701 as Travis County or the county where the offense occurred.
Transfer of Money from the Commission's Account
C.S.H.B. 3389 removes the provision that transfers money from the Commission's dedicated account to general revenue at the end of each fiscal year. Money in the fund not appropriated for agency use or allocation by the Comptroller for continuing education would accumulate in the account.
Continuation of the Commission
C.S.H.B. 3389 changes the Commission’s Sunset review date to 2021 to continue the agency for the standard 12-year period.
Applies standard Sunset across-the-board recommendations
C.S.H.B. 3389 adds standard Sunset language requiring the Commission to make effective use of technology in its delivery of services and provision of information to the public and requiring the Commission to develop a policy that encourages the use of negotiated rulemaking and alternative dispute resolution. The bill also updates standard Sunset language regarding prohibiting a person from serving as a Commission member or high-level agency employee if the person, or their spouse, is an officer, employee, or paid consultant of the regulated industry; specifying grounds for removing a Commission member; requiring members of the Commission to complete training before assuming their duties; and requiring the Commission to maintain information on all complaints and notify the parties about policies for and status of complaints.
Instructional Provisions
C.S.H.B. 3389 requires the Commission to adopt rules required in the bill by March 1, 2010. The bill also provides that changes regarding conduct that is grounds for disciplinary action apply only to conduct that occurs on or after September 1, 2009. C.S.H.B. 3389 provides that changes to Commission member eligibility apply only to members of the Commission appointed on or after September 1, 2009. The bill provides that law enforcement agencies with only one peace officer must designate a firearms proficiency officer by March 1, 2010.
The bill repeals the following statutory provisions:
EFFECTIVE DATE
September 1, 2009.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 3389 clarifies that the Commission’s complaint procedures for its enforcement process apply only to jurisdictional complaints.
C.S.H.B. 3389 returns to current law the requirement that persons who obtain a high school equivalency certificate, such as a GED, must obtain 12 credit hours from a college or university as a prerequisite to obtaining a peace officer license, and adds that the college or university must be accredited.
C.S.H.B. 3389 expands the requirement for peace officers to complete annual firearms proficiency from law enforcement agencies with two or more peace officers to agencies with one or more peace officers.
C.S.H.B. 3389 establishes the venue for the prosecution of criminal violations of Occupations Code, Chapter 1701 as Travis County or the county where the offense occurred.
C.S.H.B. 3389 removes the provision that transfers money from the Commission's dedicated account to general revenue at the end of each fiscal year.