| TO: | Honorable Rodney Ellis, Chair, Senate Committee on Government Organization |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB3389 by Harper-Brown (Relating to the continuation and functions of the Texas Commission on Law Enforcement Officer Standards and Education.), As Engrossed |
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 law enforcement agencies to submit annual racial profiling reports to TCLEOSE and the provisions state the agency must collect and maintain the reports.
- 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 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 applicants with high school equivalency certificates to obtain additional higher education hours.
- 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.
- 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 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 Comptroller of Public Accounts (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.
The Commission on Law Enforcement Officer Standards and Education, the State Auditors Office, and the Sunset Advisory Commission anticipate no significant fiscal impact to the State from the provisions of the bill.
| Source Agencies: | 116 Sunset Advisory Commission, 407 Commission on Law Enforcement Officer Standards and Education
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| LBB Staff: | JOB, KK, GG, LG
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