Texas 2009 - 81st Regular

Texas House Bill HB3174 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R12302 SLB-F
2	2	By: Frost H.B. No. 3174
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of certain telecommunicators; providing
8	8	penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1701.003(c), Occupations Code, is
11	11	amended to read as follows:
12	12	(c) This chapter does not prevent an employing agency from
13	13	establishing qualifications and standards for hiring or training
14	14	officers, [and] county jailers, or telecommunicators that exceed
15	15	the commission's minimum standards.
16	16	SECTION 2. Section 1701.151, Occupations Code, is amended
17	17	to read as follows:
18	18	Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING
19	19	AUTHORITY. The commission may:
20	20	(1) adopt rules for the administration of this chapter
21	21	and for the commission's internal management and control;
22	22	(2) establish minimum standards relating to
23	23	competence and reliability, including education, training,
24	24	physical, mental, and moral standards, for licensing as an officer,
25	25	county jailer, telecommunicator, or public security officer;
26	26	(3) report to the governor and legislature on the
27	27	commission's activities, with recommendations on matters under the
28	28	commission's jurisdiction, and make other reports that the
29	29	commission considers desirable;
30	30	(4) require a state agency or a county, special
31	31	district, or municipality in this state that employs officers,
32	32	telecommunicators, or county jailers to submit reports and
33	33	information;
34	34	(5) contract as the commission considers necessary for
35	35	services, facilities, studies, and reports required for:
36	36	(A) cooperation with municipal, county, special
37	37	district, state, and federal law enforcement agencies in training
38	38	programs; and
39	39	(B) performance of the commission's other
40	40	functions; and
41	41	(6) conduct research and stimulate research by public
42	42	and private agencies to improve law enforcement and police
43	43	administration.
44	44	SECTION 3. Section 1701.153(a), Occupations Code, is
45	45	amended to read as follows:
46	46	(a) The commission shall establish reporting standards and
47	47	procedures for:
48	48	(1) appointment and termination of officers, [and]
49	49	county jailers, and telecommunicators by law enforcement agencies;
50	50	(2) the activities of licensed training schools; and
51	51	(3) other matters the commission considers necessary
52	52	for the administration of this chapter.
53	53	SECTION 4. Sections 1701.251(a) and (c), Occupations Code,
54	54	are amended to read as follows:
55	55	(a) The commission shall establish and maintain training
56	56	programs for officers, telecommunicators, and county jailers. The
57	57	training shall be conducted by the commission staff or by other
58	58	agencies and institutions the commission considers appropriate.
59	59	(c) The commission may:
60	60	(1) issue or revoke the license of a school operated by
61	61	or for this state or a political subdivision of this state
62	62	specifically for training officers, county jailers,
63	63	telecommunicators, or recruits;
64	64	(2) operate schools and conduct preparatory,
65	65	in-service, basic, and advanced courses in the schools, as the
66	66	commission determines appropriate, for officers, county jailers,
67	67	telecommunicators, and recruits;
68	68	(3) issue a license to a person to act as a qualified
69	69	instructor under conditions that the commission prescribes; and
70	70	(4) consult and cooperate with a municipality, county,
71	71	special district, state agency or other governmental agency, or a
72	72	university, college, junior college, or other institution,
73	73	concerning the development of schools and training programs for
74	74	officers, telecommunicators, and county jailers.
75	75	SECTION 5. Sections 1701.254(a) and (b), Occupations Code,
76	76	are amended to read as follows:
77	77	(a) The commission may visit and inspect a school conducting
78	78	a training course for officers, county jailers, telecommunicators,
79	79	or recruits and make necessary evaluations to determine if the
80	80	school complies with this chapter and commission rules.
81	81	(b) The commission shall develop a risk assessment method to
82	82	determine the relative performance of schools conducting training
83	83	courses for officers, county jailers, telecommunicators, or
84	84	recruits. The commission shall base its schedule for inspection of
85	85	schools on the results of the risk assessment.
86	86	SECTION 6. Section 1701.301, Occupations Code, is amended
87	87	to read as follows:
88	88	Sec. 1701.301. LICENSE REQUIRED. Except as provided by
89	89	Sections 1701.310 and 1701.311, a person may not appoint a person to
90	90	serve as an officer, county jailer, telecommunicator, or public
91	91	security officer unless the person appointed holds an appropriate
92	92	license issued by the commission.
93	93	SECTION 7. Section 1701.303(b), Occupations Code, is
94	94	amended to read as follows:
95	95	(b) A person who appoints an officer, telecommunicator, or
96	96	county jailer licensed by the commission shall notify the
97	97	commission not later than the 30th day after the date of the
98	98	appointment. If the person appoints an individual who previously
99	99	served as an officer, telecommunicator, or county jailer and the
100	100	appointment occurs after the 180th day after the last date of
101	101	service as an officer, telecommunicator, or county jailer, the
102	102	person must have on file for the officer, telecommunicator, or
103	103	county jailer in a form readily accessible to the commission:
104	104	(1) new criminal history record information;
105	105	(2) a new declaration of psychological and emotional
106	106	health and lack of drug dependency or illegal drug use; and
107	107	(3) two completed fingerprint cards.
108	108	SECTION 8. Section 1701.304(b), Occupations Code, is
109	109	amended to read as follows:
110	110	(b) The commission by rule shall establish minimum
111	111	qualifications for a person to be examined under this section. A
112	112	person who is disqualified by law to be an officer,
113	113	telecommunicator, or county jailer may not take an examination
114	114	under this section.
115	115	SECTION 9. Sections 1701.306(a) and (b), Occupations Code,
116	116	are amended to read as follows:
117	117	(a) The commission may not issue a license to a person as an
118	118	officer, telecommunicator, or county jailer unless the person is
119	119	examined by:
120	120	(1) a licensed psychologist or by a psychiatrist who
121	121	declares in writing that the person is in satisfactory
122	122	psychological and emotional health to serve as the type of officer
123	123	for which a license is sought; and
124	124	(2) a licensed physician who declares in writing that
125	125	the person does not show any trace of drug dependency or illegal
126	126	drug use after a physical examination, blood test, or other medical
127	127	test.
128	128	(b) An agency hiring a person for whom a license as an
129	129	officer, telecommunicator, or county jailer is sought shall select
130	130	the examining physician and the examining psychologist or
131	131	psychiatrist. The agency shall prepare a report of each
132	132	declaration required by Subsection (a) and shall maintain a copy of
133	133	the report on file in a format readily accessible to the commission.
134	134	A declaration is not public information.
135	135	SECTION 10. Section 1701.307(c), Occupations Code, is
136	136	amended to read as follows:
137	137	(c) The commission may issue a temporary or permanent
138	138	license to a person to serve as a county jailer or telecommunicator.
139	139	SECTION 11. Section 1701.312(a), Occupations Code, is
140	140	amended to read as follows:
141	141	(a) A person who has been convicted of a felony is
142	142	disqualified to be an officer, public security officer,
143	143	telecommunicator, or county jailer, and the commission may not
144	144	issue a license to, and a law enforcement agency may not appoint or
145	145	employ, the person.
146	146	SECTION 12. Section 1701.313(a), Occupations Code, is
147	147	amended to read as follows:
148	148	(a) A person who has been convicted of barratry under
149	149	Section 38.12, Penal Code, is disqualified to be an officer,
150	150	telecommunicator, or county jailer, and the commission may not
151	151	issue a license to the person.
152	152	SECTION 13. Section 1701.315, Occupations Code, is amended
153	153	to read as follows:
154	154	Sec. 1701.315. RECORDS. The commission is entitled to
155	155	access to records maintained under Sections 1701.303, 1701.306, and
156	156	1701.310 by an agency hiring a person to be an officer,
157	157	telecommunicator, or county jailer, including records that relate
158	158	to age, education, physical standards, citizenship, experience,
159	159	and other matters relating to competence and reliability, as
160	160	evidence of qualification for licensing of an officer,
161	161	telecommunicator, or county jailer.
162	162	SECTION 14. Section 1701.352, Occupations Code, is amended
163	163	by amending Subsection (a) and adding Subsection (g) to read as
164	164	follows:
165	165	(a) The commission shall recognize, prepare, or administer
166	166	continuing education programs for officers, telecommunicators, and
167	167	county jailers.
168	168	(g) The commission shall require a state, county, special
169	169	district, or municipal agency that employs telecommunicators to
170	170	provide each telecommunicator 24 hours of crisis communications
171	171	instruction approved by the commission. The instruction must be
172	172	provided on or before the first anniversary of the
173	173	telecommunicator's first day of employment.
174	174	SECTION 15. Section 1701.401(c), Occupations Code, is
175	175	amended to read as follows:
176	176	(c) The commission shall adopt rules for issuing
177	177	achievement awards to peace officers, reserve peace officers,
178	178	jailers, telecommunicators, or custodial officers who are licensed
179	179	by the commission. The commission's rules shall require
180	180	recommendations from an elected official of this state or a
181	181	political subdivision, an administrator of a law enforcement
182	182	agency, or a person holding a license issued by the commission.
183	183	SECTION 16. Section 1701.402(b), Occupations Code, is
184	184	amended to read as follows:
185	185	(b) As a requirement for a basic proficiency certificate,
186	186	the commission shall require completion of local courses or
187	187	programs of instruction on federal and state statutes that relate
188	188	to employment issues affecting peace officers, telecommunicators,
189	189	and county jailers, including:
190	190	(1) civil service;
191	191	(2) compensation, including overtime compensation,
192	192	and vacation time;
193	193	(3) personnel files and other employee records;
194	194	(4) management-employee relations in law enforcement
195	195	organizations;
196	196	(5) work-related injuries;
197	197	(6) complaints and investigations of employee
198	198	misconduct; and
199	199	(7) disciplinary actions and the appeal of
200	200	disciplinary actions.
201	201	SECTION 17. Sections 1701.405(b) and (e), Occupations Code,
202	202	are amended to read as follows:
203	203	(b) This state or a political subdivision of this state may
204	204	not appoint or employ a person to act as a telecommunicator unless
205	205	the person:
206	206	(1) has had at least 40 hours of telecommunicator
207	207	training as determined by the commission;
208	208	(2) is at least 18 years of age; and
209	209	(3) holds a high school diploma or high school
210	210	equivalency certificate.
211	211	(e) This section does not apply to a person who:
212	212	(1) performs the duties of a telecommunicator; and
213	213	(2) is employed by a law enforcement agency that[:
214	214	[(A) employs 20 or fewer employees; or
215	215	[(B)] does not perform law enforcement services
216	216	on a 24-hour basis.
217	217	SECTION 18. Section 1701.551(a), Occupations Code, is
218	218	amended to read as follows:
219	219	(a) A person commits an offense if the person appoints or
220	220	retains another person as an officer, telecommunicator, or county
221	221	jailer in violation of Section 1701.301, 1701.303, or 1701.306.
222	222	SECTION 19. Section 1701.553(a), Occupations Code, is
223	223	amended to read as follows:
224	224	(a) A person commits an offense if the person appoints or
225	225	retains an individual as an officer, public security officer,
226	226	telecommunicator, or county jailer in violation of Section 1701.312
227	227	or 1701.313.
228	228	SECTION 20. (a) Not later than December 1, 2009, the Texas
229	229	Commission on Law Enforcement Officer Standards and Education by
230	230	rule shall adopt requirements for a telecommunicator license under
231	231	Chapter 1701, Occupations Code, as amended by this Act.
232	232	(b) A person is not required to hold a license under Section
233	233	1701.301, Occupations Code, as amended by this Act, until January
234	234	1, 2010.
235	235	SECTION 21. The changes in law made by this Act to Sections
236	236	1701.551 and 1701.553, Occupations Code, apply only to offenses
237	237	committed on or after January 1, 2010. An offense committed before
238	238	the effective date of this Act is governed by the law in effect when
239	239	the offense was committed, and the former law is continued in effect
240	240	for that purpose.
241	241	SECTION 22. This Act takes effect September 1, 2009.