BILL ANALYSIS

Senate Research Center                                                                                                      S.B. 1296

81R9935 JSC-F                                                                                                                  By: Hegar

Criminal Justice

4/10/2009

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

There is a shortage of officers who qualify to serve as special officers for offenders with mental impairments, and current law does not allow county jailers to serve as special officers for such offenders.

As proposed, S.B. 1296 authorizes the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) to certify county jailers as special officers for offenders with mental impairments if they complete certain training and authorizes TCLEOSE to issue a professional achievement or proficiency certificate to a county jailer or justice of the peace who meets certain requirements.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1701.404, Occupations Code, as follows:

Sec. 1701.404.  CERTIFICATION OF OFFICERS FOR MENTAL HEALTH ASSIGNMENTS.  (a)  Makes no changes to this subsection.

(b)  Authorizes the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) to certify a county jailer, among certain other persons, as a special officer for offenders with mental impairments if the person, rather than officer, completes certain training courses and an examination administered by TCLEOSE. Makes conforming and nonsubstantive changes.

(c)  Authorizes TCLEOSE to issue a professional achievement or proficiency certificate to a county jailer or justice of the peace, in addition to an officer, who meets the requirements of Subsection (b).

SECTION 2.  Effective date:  September 1, 2009.