HBA-NIK H.B. 2673 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2673
By: Keel
Public Safety
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Commission on Law Enforcement Officer Standards and
Education (commission) requires state and local agencies to provide a
training program for each peace officer and jailer every 24 months.  The
statutes also provide for the additional training on specific topics such
as child abuse, family violence, sexual assault, cultural diversity, and
civil rights.  H.B. 2673 increases the flexibility of the commission and
the local agencies in providing the required training. 

RULEMAKING AUTHORITY

It is in the opinion of the Office of House Bill Analysis that this bill
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 415.034, Government Code, as amended by Chapters
254, 538, 562, and 585, Acts of the 74th Legislature, Regular Session,
1995, as follows: 

(b) Prohibits the Commission on Law Enforcement Officer Standards and
Education (commission) from requiring that the length of the training
program exceed 40 hours rather than prohibiting the course from exceeding
40 hours. 

(c) Provides that in addition to the training program required by
Subsection (b), the commission is required to require the specified
entities to provide each peace officer with a training program under this
subsection every 48, rather than 24, months.  Prohibits the commission from
requiring that the length of the program exceed 20 hours. Provides that the
course must, in addition to other enumerated requirements, include
education and training in sex offender characteristics and documentation of
cases. 

(d) Deletes text providing that the course must be approved by the
commission, include education and training in enumerated areas, and include
other training if determined necessary by the agency.  Deletes the
prohibition of the course provided under Subsection (b) or (c) from
exceeding 40 hours.  

(e) Redesignated from Subsection (d).

(f) Redesignated from Subsection (e).  Makes a conforming change.

(g) Extends the education and training in civil rights, racial sensitivity,
and cultural diversity that the commission is authorized to require of
specified agencies from occurring every 24 months to every 48 months.
Redesignated from Subsection (f). 

(h) Includes failure of a peace officer to complete a training course
provided under Subsection (c) at least once in every 48-month period as a
reason the commission is authorized to suspend the license of a peace
officer. Redesignated from Subsection (g). Makes a conforming change. 
 
(i) Modifies the adequate notice of impending noncompliance with training
requirements  so that agencies and officers may comply within the required
time periods, rather than within the 24-month period.  Deletes text
requiring training in documentation of cases required by Subsection (b) to
include enumerated instructions. 

SECTION 2.  (a) Requires the Commission on Law Enforcement Officer
Standards and Education to establish the curricula for a continuing
education training program for peace officers as separately required by
Section 415.034(c) (Continuing Education), Government Code, not later than
January 1, 2000. 

(b) Provides that, for persons who are licensed peace officers on September
1, 1999, the first course, separately required under Section 415.034(b),
Government Code, must be completed before September 1, 2001, and the first
course separately required under Section 415.034(c), Government Code, must
be completed before September 1, 2003. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.