BILL ANALYSIS

 

 

Senate Research Center

S.B. 244

 

By: Patrick

 

Criminal Justice

 

7/22/2011

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Police chiefs often develop succession plans and attempt to groom seconds in command for the position.  Such plans not only prepare the next generation of police chiefs, they also provide stability within an agency when a sitting chief vacates the position.  Since the Bill Blackwood Law Enforcement Management Institute of Texas (institute) is statutorily charged with police chief training, it is reasonable that their successors receive the same training.  This legislation simply encourages police agencies to take advantage of the training offered by the institute by exempting seconds in command who participate from police officer training required under Subchapter H (Continuing Education and Yearly Weapons Proficiency), Chapter 1701 (Law Enforcement Officers), Occupations Code.

 

The continuing education requirement for police officers is mandated under Subchapter H, Chapter 1701, Occupations Code.  In general, such training targets line level officers.  Police chiefs are exempt from the requirements of the Occupations Code.  Continuing education for police chiefs is mandated under Section 96.461 (Initial Training and Continuing Education for Police Chiefs and Command Staff), Education Code.  Police chief continuing education curriculum is developed by the institute by legislative mandate.

 

S.B. 244 will amend Section 96.461 of the Education Code to extend the exemption from police officer training requirements under Subchapter H, Chapter 1701, Occupations Code, to officers who are second in command that voluntarily attend the institute's second in command training program.  The program mirrors the Texas Police Chiefs Leadership Series which satisfies the police chief continuing education requirements of Section 96.461, Education Code.

 

S.B. 244 amends current law relating to the continuing education requirements for certain peace officers.

 

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 the heading to Section 96.641, Education Code, to read as follows:

 

Sec. 96.641.  INITIAL TRAINING AND CONTINUING EDUCATION FOR POLICE CHIEFS AND COMMAND STAFF. 

 

SECTION 2.  Amends Section 96.641, Education Code, by adding Subsection (a-1), as follows:

 

(a-1) Authorizes the Bill Blackwood Law Enforcement Management Institute of Texas (institute) to establish and offer a continuing education program for command staff for individuals who are second in command to police chiefs.  Requires the command staff continuing education program to satisfy the requirements for the police chief continuing education program under Subsection (a) (relating to the institute's establishment of initial training and continuing education programs for police chiefs).

 

SECTION 3.  Amends Section 1701.351, Occupations Code, by adding Subsection (d), to exempt a peace officer who is second in command to a police chief of a law enforcement agency and who attends a continuing education program for command staff provided by the institute under Section 96.641, Education Code, from the continuing education requirements of this subchapter.

 

SECTION 4.  Effective date: September 1, 2011.