| TO: | Honorable David Dewhurst , Lieutenant Governor, Senate Honorable Joe Straus, Speaker of the House, House of Representatives |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB3389 by Harper-Brown (relating to), Conference Committee Report |
| Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
|---|---|
| 2010 | $0 |
| 2011 | $0 |
| 2012 | $0 |
| 2013 | $0 |
| 2014 | $0 |
| Fiscal Year | Probable Revenue Gain/(Loss) from New General Revenue Dedicated - Civil Justice Data Repository |
Probable Savings/(Cost) from New General Revenue Dedicated - Civil Justice Data Repository |
Change in Number of State Employees from FY 2007 |
|---|---|---|---|
| 2010 | $121,394 | ($159,735) | 2.0 |
| 2011 | $291,479 | ($143,735) | 2.0 |
| 2012 | $292,146 | ($143,735) | 2.0 |
| 2013 | $292,813 | ($143,735) | 2.0 |
| 2014 | $293,480 | ($143,735) | 2.0 |
The Commission on Law Enforcement Officer Standards and Education (TCLEOSE) is subject to the Sunset Act and will be abolished on September 1, 2009, unless continued by the Legislature. The bill contains the following Sunset Advisory Commission recommendations.
- Provides that TCLEOSE clarify its enforcement procedures for training providers.
- Requires the Commission to develop and implement electronic submission methods for information the Commission requires from law enforcement agencies. Sunset states no significant fiscal impact is expected because many commission forms are already available electronically and the commission also has begun accepting electronically submitted forms.
- Requires law enforcement agencies to report to the Comptroller of Public Accounts the number of peace officer positions in the law enforcement agency and how TCLEOSE funds are spent for training purposes.
- Requires the Commission to establish clear rules for conducting audits of law enforcement agencies and establish a risk assessment methodology.
- Requires the Commission to clearly identify which crimes relate to the ability of a person to perform the occupation of a county jailer.
- Removes the requirement for the Commission to establish standards for the certification of all county jail personnel, beyond regulation of county jailers.
- Establishes standards for the creation of a new law enforcement agency. Standards include the political subdivision's need for a law enforcement agency, demonstration of resources and facilities, policies such as use of force, administrative structure, and insurance.
- Requires the Commission to clearly outline its enforcement process, adopt procedures, and make information about the process available to licensees and the public.
- Requires the Commission to analyze sources and types of jurisdictional complaints to identify and address problem areas and trends. Sunset states the Commission already performs these tasks in a rudimentary way. The provisions setting standards for data collection and analysis should create no significant fiscal impact.
- Requires all peace officers to take a continuing education course on state and federal law every 24 months. Eliminates requirement for every peace officer to take continuing education topics on civil rights, racial sensitivity, and cultural diversity every four years; limits only to those peace officers that have not yet obtained intermediate proficiency. Makes civil rights, racial sensitivity, cultural diversity, as well as special investigative topics a prerequisite for intermediate proficiency.
- Requires that an agency that employs one or more peace officers shall designate a firearms proficiency officer and require each agency peace officer to demonstrate weapons proficiency at least annually.
- Authorizes TCLEOSE to levy administrative penalties against law enforcement agencies that violate the Commission's statute or rules. The addition of this new administrative penalty is new to the commission. Sunset estimates minimal use of the penalty and that potential revenue gains can not be determined.
- Clarifies that TCLEOSE is not a party to F-5, or discharge paper, disputes.
- Requires peace officers with a basic proficiency certificate to take de-escalation and crisis intervention training to facilitate interaction with persons with mental impairments once every four years. Requires TCLEOSE to determine best practices for interaction with person with mental impairments and review the training program at least once every 24 months. Prohibits the course from being offered online.
- Removes language changing the name and cost of the $5 graffiti eradication fee to a $50 juvenile deliquency prevention and graffiti eradacation fee. Sunset states this provision is already current law and the text change is for consistancy purposes only.
- Applies standard Sunset Advisory Commission across-the-board recommendations or updates language already in statute.
- The bill repeals Occupations Code, Sections 1701.315 and 1701.406. The bill also repeals Occupations Code, Section 1701.051(d) which removes ex officio members from the Commission's composition.
- Continues the Texas Commission on Law Enforcement Officer Standards and Education for 12 years. The bill would take effect on September 1, 2009.
The bill would amend the law prohibiting peace officers from engaging in racial profiling and requiring reports on motor vehicle traffic stops in which a citation is issued or an arrest is made. These provisions require TCLEOSE to begin disciplinary procedures against the chief administrator of an agency that has intentionally failed to submit any of the statutory required reports. The bill would require each defendant convicted of a moving violation in a justice court, county court, county court at law court, or municipal court to pay a fee of 10 cents as a cost of courts. The bill states that the 10 cent fee is to be deposited to the Civil Justice Data Repository fund by the Comptroller of Public Accounts (CPA) to be used only by TCLEOSE to implement their duties under Occupations Code, Section 1701. The bill states that TCLEOSE in coordination with the Department of Public Safety, the Bill Blackwood Law Enforcement Management Institute of Texas, the Texas Police Chiefs Association, and the W.W. Caruth, Jr., Police Institute at
The CPA indicates revenue estimates were based on historical data from county-level justice and municipal courts and were adjusted for growth, indigency, and implementation. The CPA reports the new court costs for criminal cases were multiplied by the total number of convictions, reduced to reflect the historical non-collection rates, and adjusted for an implementation lag. Based on these assumptions the revenue for the $0.10 court cost would be $121,394 in fiscal year 2010, $291,479 in fiscal year 2011, $292,146 in fiscal year 2012, $292,813 in fiscal year 2013 and $293,480 in fiscal year 2014.
These bill would create or recreate a dedicated account in the General Revenue Fund, create or recreate a special or trust fund either within or outside of the Treasury, or create a dedicated revenue source. Therefore, the fund, account, or revenue dedication included in this bill would be subject to funds consolidation review by the current Legislature.
Based on the creation of a website that does not currently exist including an increased information resources workload including punitive action against non-compliant agency administrators, TCLEOSE states they would require two additional Program Specialist FTEs under the B11 salary group at a combined $104,837 per year for a total of $143,235 (including benefit costs and rent) each year.
The Department of Public Safety, the Office of Attorney General, the Texas State University System and the
The bill would also repeal Occupations Code, Section 1701.156 (c), which states the money in the Law Enforcement Officer Standards and Education Fund by the end of the fiscal year, other than money encumbered by TCLEOSE and money allocated by the CPA under Occupations Code, Section 1701.157 shall be transferred to the General Revenue Fund. The amount of revenue transferred from General Revenue-Dedicated Account 0116 to the General Revenue Fund as a result of the bill cannot be determined according to the CPA. The CPA states that any net gain or loss from the transfer of existing funds from the bill would be dependent upon appropriations made in the 2010-11 General Appropriations Act.
TCLEOSE includes technology costs estimated for the creation and maintenance of the website totaling $16,500 in 2010 and $500 in 2011 through 2014 for annual website operating costs.
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 405 Department of Public Safety, 407 Commission on Law Enforcement Officer Standards and Education, 752 University of North Texas, 758 Texas State University System
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| LBB Staff: | JOB, KK, GG, LG, ESi, TP, DB
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