BILL ANALYSIS

 

 

Senate Research Center

H.B. 1415

86R13763 SOS-F

By: Lucio III (Lucio)

 

Administration

 

5/7/2019

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The current required constable education program emphasizes only leadership and management lessons with no focused training on the complex civil laws of the Property Code, Civil Practice and Remedies Code, and many other codes and statutes. Meanwhile, deputy constables are required to receive 20 hours of civil process training every four-year training cycle. H.B. 1415 will ensure that constables receive the same education, standardizing the training process by requiring that both constables and deputy constables receive at least 20 hours of instruction on civil processes as part of their continuing education program.

 

H.B. 1415 amends current law relating to continuing education training on civil process for constables.

 

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 1701.3545, Occupations Code, by amending Subsections (a), (b), and (f) and adding Subsection (b-1), as follows:

 

(a) Requires the curriculum for initial training and continuing education programs for constables to relate to law enforcement management, rather than relate to law enforcement management and civil process issues.

 

(b) Requires each constable to complete at least 40 hours of continuing education provided by the selected institution under Subsection (a), rather than under this section (Initial Training and Continuing Education For Constables), each 48-month period.

 

(b-1) Requires each constable, during each 48-month continuing education training period, in addition to the requirements of Subsection (b), to complete at least 20 hours of continuing education instruction on civil process to be provided by a public institution of higher education selected by the Texas Commission on Law Enforcement (TCOLE) under this subsection. Requires TCOLE to establish minimum curriculum requirements for the continuing education course on civil process required by this subsection. Authorizes TCOLE to waive the continuing education requirements of this subsection if a constable requests a waiver because of hardship and TCOLE determines that a hardship exists.

 

(f) Provides that an individual who is subject to the continuing education requirements of Subsections (b) and (b-1), rather than Subsection (b), is exempt from other continuing education requirements under this subchapter (Continuing Education and Yearly Weapons Proficiency).

 

SECTION 2. Effective date: September 1, 2019.