- (a) The commission consists of nine members appointed by the governor with the advice and consent of the senate. One member must be a sheriff of a county with a population of more than 35,000, one must be a sheriff of a county with a population of 35,000 or less, one must be a county judge, one must be a county commissioner, one must be a practitioner of medicine licensed by the Texas State Board of Medical Examiners, and the other four must be representatives of the general public. At least one of the four citizen members must be from a county with a population of 35,000 or less.
- (b) The sheriffs, county judge, and county commissioner appointed to the commission shall perform the duties of a member in addition to their other duties.
- (c) Members serve for terms of six years with the terms of one-third of the members expiring on January 31 of each odd-numbered year.
- (d) If a sheriff, county judge, or county commissioner member of the commission ceases to be sheriff, county judge, or county commissioner, the person's position on the commission becomes vacant.
- (e) A person appointed to fill a vacancy must have the same qualifications for appointment as the member who vacated the position.
- (f) Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(g) A person is not eligible for appointment as a public member of the commission if the person or the person's spouse:
- (1) is registered, certified, or licensed by an occupational regulatory agency in the field of law enforcement;
- (2) is employed by or participates in the management of a business entity, county jail, or other organization regulated by the commission or receiving funds from the commission;
- (3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the commission or receiving funds from the commission; or
- (4) uses or receives a substantial amount of tangible goods, services, or funds from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.
- (h) To be eligible to take office as a member of the commission, a person appointed to the commission must complete at least one course of a training program that complies with Subsection (i).
(i) The training program required by Subsection (h) must provide information to the person regarding:
- (1) the enabling legislation that created the commission;
- (2) the programs operated by the commission;
- (3) the role and functions of the commission;
- (4) the rules of the commission with an emphasis on the rules that relate to disciplinary and investigatory authority;
- (5) the current budget for the commission;
- (6) the results of the most recent formal audit of the commission;
(7) the requirements of the:
- (A) open meetings law, Chapter 551;
- (B) open records law, Chapter 552; and
- (C) administrative procedure law, Chapter 2001;
- (8) the requirements of the conflict of interests laws and other laws relating to public officials; and
- (9) any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
- (j) A person appointed to the commission is entitled to reimbursement for travel expenses incurred in attending the training program required by Subsection (h) as provided by the General Appropriations Act and as if the person were a member of the commission.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 740, Sec. 2, eff. Sept. 1, 1991;
Acts 1997, 75th Leg., ch. 259, Sec. 3, eff. Sept. 1, 1997.
Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 2, eff. September 1, 2021.