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One possible path for police reform in the Lege

Keep an eye on this.

The Texas Commission on Law Enforcement, which oversees licensing of the state’s 102,000 police officers and jailers, could be in for a major overhaul, state officials hinted Monday morning.

“This is the time to get it done,” John Cyrier (R-Lockhart), chairman of the Sunset Advisory Commission, said at a combination in-person and virtual hearing Monday. The commission, charged with evaluating state agencies every decade or so, last month issued a blistering report on the law enforcement oversight commission, finding it lacked meaningful ability to oversee the state’s law enforcement agencies and discipline bad cops.

It also concluded the state’s educational requirements for police were outdated and insufficient. To qualify for a peace officer license, Texas cops need fewer hours of basic training than licensed cosmetologists and less than half the education required of air-conditioning and refrigeration contractors.

Testifying to the Sunset commission — composed of five representatives, five senators, and two public members — Kim Vickers, the law enforcement commission’s executive director, agreed, saying the state’s approach to regulating law enforcement has been ineffective. “I’ll be frank,” he said. “That’s true. We’ve been saying that.”

The heart of the Sunset commission’s critique was that although the law enforcement commission is supposed to be responsible for licensing police, it has little authority to discipline bad cops. Instead, each of the state’s 2,800 local law enforcement agencies is responsible for enforcing its own standards, which can vary across departments, resulting in “inconsistently set and enforced local standards.”

Unlike in the agencies that regulate other professions such as teachers and doctors, state law gives the law enforcement commission authority to revoke a police officer’s license in only limited circumstances: if the officer falls behind on mandated continuing education, if he or she receives two dishonorable discharges, or when an officer is convicted of felony or serious misdemeanor crimes.

As a result, the Sunset commission concluded, Texas’s regulation of police was “toothless.”

For example, its examination of the licensing agency found that of 600 officers who had received “dishonorable” discharges, more than a quarter had been rehired.

There are of course a lot more things we can and should do at the state level to reform criminal justice as a whole, with marijuana decriminalization as the biggest ticket item. (Yes, full legalization would be better, but some small incremental decriminalization is the best we can hope for, given the realities of having Dan Patrick as Lt. Governor.) Banning no-knock warrants is another. I support the vast majority of them, though I know any step forward is going to be hard won. I would hope that improving the minimum standards for law enforcement training, and making it easier to permanently remove bad cops from the pool would be something that will have broad enough support to get enacted. Grits for Breakfast, writing about that original sunset report from last month, has more.

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