HBA-SEB C.S.S.B. 264 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 264
By: Duncan
Urban Affairs
5/6/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, a person joining a law enforcement agency serves a one year
probationary period, ending on the first anniversary of the date of hiring
the officer.  Most police departments now require five months or longer to
complete police academy training before a new officer is commissioned,
which consumes a considerable amount of time in the probationary period.
C.S.S.B. 264 establishes that a person who is appointed to a beginning
position in the police department in a municipality of less than 1.5
million and who has not been commissioned as a police officer before that
appointment must serve an 18-month probationary period beginning on that
person's date of employment as a police officer or academy trainee. 

RULEMAKING AUTHORITY

It is 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 143.027, Local Government Code, to provide an
exception to the provision that a person appointed to a beginning position
in the fire or police department must serve a one-year probationary period
beginning on the person's date of employment.  Establishes that a person
who is appointed to a beginning position in the police department in a
municipality of less than 1.5 million and who has not been commissioned as
a police officer before that appointment must serve an 18-month
probationary period beginning on that person's date of employment as a
police officer or academy trainee.  Redesignates Sections (b)-(d) to
(c)-(e).  Makes a conforming change.   
SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute makes a conforming change in the caption.

The substitute modifies the original in SECTION 1 to further amend Section
143.027, Local Government Code.  The substitute establishes that a person
who is appointed to a beginning position in the police department in a
municipality of less that 1.5 million and who has not been commissioned as
a police officer before that appointment must serve an 18-month, rather
than one-year, probationary period beginning on that person's date of
employment as a police officer or academy trainee.  The original would have
provided that this section (Probationary Period) does not apply to a city
with a population of 1.5 million or more.   

The substitute modifies the original in SECTION 2 to make nonsubstantive
changes.