BILL ANALYSIS

C.S.H.B. 621

By: Fletcher

Homeland Security & Public Safety

Committee Report (Substituted)

BACKGROUND AND PURPOSE

C.S.H.B. 621 amends provisions of the Occupations Code relating to the regulation of law enforcement officers by the Commission on Law Enforcement Officer Standards and Education to clarify statutory language and address inconsistencies and other minor problems within those provisions.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Commission on Law Enforcement Officer Standards and Education in SECTION 4 of this bill.

ANALYSIS

C.S.H.B. 621 amends the Occupations Code to remove the specification that provisions prohibiting the Commission on Law Enforcement Officer Standards and Education (TCLEOSE) from issuing a license to a person unless certain medical test requirements are met apply to a person licensed as a law enforcement officer or a county jailer. The bill removes a reference to physical examination as an option for the drug dependency or drug use medical tests required for licensure.

C.S.H.B. 621 makes provisions relating to rules for continuing education procedures for licensees applicable to all persons licensed by TCLEOSE, rather than specifically to peace officers. The bill requires a police chief to complete the initial training and continuing education program for police chiefs provided by the Bill Blackwood Law Enforcement Management Institute of Texas at Sam Houston State University in accordance with state law. The bill makes conforming changes.

C.S.H.B. 621 repeals Section 1701.055(d), Occupations Code, prohibiting an ex officio member of TCLEOSE from voting at a commission meeting and makes a conforming change.

EFFECTIVE DATE

September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 621 omits a provision contained in the original requiring each county jailer, at least once every 48 months, to complete the continuing education training program that is required for peace officers under state law and authorizing the Commission on Law Enforcement Officer Standards and Education to suspend the license of a county jailer who fails to comply with this requirement. The substitute omits a provision contained in the original making conforming changes to provisions of law relating to continuing education programs for peace officers and county jailers.