November 26, 1990
Mr. Fred Toler
Executive Director
Texas Commission on Law Enforcement Officers Standards and
Education
1606 Headway Circle, Suite 100
Austin, Texas 78754
Dear Mr. Toler:
You ask about several provisions in subchapter E of chapter 415
of the Government Code relating to the Law Enforcement Management
Institute (hereinafter, the "institute").
Section 415.092 states that the institute "is created for the
training of police management personnel." The institute is
governed by a nine member board of directors (hereinafter
the"board"), one member being appointed by each of the nine
commissioners of the Commission on Law Enforcement Officer
Standards and Education. See Gov't Code subch. A, ch. 415
(providing for the composition and powers of the commission.)
Your first question relates to appointments to the board.
Subsection (a) of section 415.095 provides that "members of the
board hold office for two-year terms, with each member's term
expiring February 1 of each odd-numbered year." Subsection (c) of
section 415.095 provides that "(a) member may not serve more than
one full term." You advise that board members were appointed in
1989 to full terms which will expire on February 1, 1991. In
1990, one of the board members vacated his position and another
person was then appointed to serve the unexpired portion of the
term, i.e., until February 1, 1991. (1) You ask whether the
board who was appointed in 1990 to serve out the unexpired term
ending in February 1991, may be "reappointed" in February 1991
for a full term ending February 1, 1993.
We think subsection (c) would permit the person you are
concerned about, so long as he is otherwise eligible and has not
previously served a full term, to be appointed to a full term in
1991 and to serve out that full term. See s 415.093(d)
(eligibility for appointment to board).
Although it is possible that subsection (c) of section 415.095
may be read to prohibit a person serving any more time on the
board than one full term, we think the effect of subsection (c)
is rather to prohibit a person serving two or more full terms on
the board, but to permit service of one full term in addition to
a portion of a term.
You also ask about the scope of the language in subsection (d)
of section 415.098 of the Government Code, which provides with
regard to "institute training programs":
The board shall establish reasonable charges for
participation in institute training programs by participants who
are not residents of this state. The participation costs of
participants who are residents, including tuition, books, room,
board, and travel costs, shall be paid from the Law Enforcement
Management Institute fund.
See also Gov't Code ss 415.098(e) ("participation in the
institute training programs is open to every eligible resident of
this state"); id. subsection (a) ("board shall develop the
institute's curriculum, select instructors, establish admission
standards, determine scholarship criteria", etc.); 415.099 ("Law
Enforcement Management Institute Fund is in the state treasury").
You say the institute plans a large number of programs, some of
which will be co-sponsored with other organizations. You ask:
1. Does the word 'shall' in the second sentence of this
subsection require the Management Institute to pay the costs
incurred by participants of all its training programs, or may the
Management Institute sponsor certain training programs for which
it pays no participation costs, even the participants incur costs
while attending the training program?
2. When the institute co-sponsors a program in conjunction
with other organizations, is the Institute required to pay the
participants' participation costs for these programs?
We think it is clear under subsection (d) that the
participation costs for participation in "institute training
programs" by residents of this state are to be paid from the Law
Enforcement Management Institute Fund. Whether a particular
"program" with which the institute might have some involvement
would be an "institute training program," within the meaning of
section 415.098, for which the participation costs of residents
are to be paid from the Law Enforcement Management Institute Fund
would depend on the factual nature of such program.
Very truly yours,
Sarah Woelk
Chief
Letter Opinion Section
Rick Gilpin
Chairman
Opinion Committee
Prepared by:
William Walker
Approved:
Opinion Committee
Footnotes
1. See Gov't Code s 415.095(b) (providing that if a vacancy on
the board occurs during a term, the commissioner who appointed
the member vacating the office shall appoint a replacement to
serve the unexpired portion of the term).
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