By: Harper-Brown, Merritt H.B. No. 3389
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Commission
on Law Enforcement Officer Standards and Education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.002, Occupations Code, is amended
to read as follows:
Sec. 1701.002. APPLICATION OF SUNSET ACT. The Commission
on Law Enforcement Officer Standards and Education is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the commission is
abolished and this chapter expires September 1, 2021 [2009].
SECTION 2. Section 1701.053, Occupations Code, is amended
to read as follows:
Sec. 1701.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
In this section, "Texas trade association" means a [nonprofit,]
cooperative[,] and voluntarily joined statewide association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(b) A person [An officer, employee, or paid consultant of a
Texas trade association in the field of law enforcement] may not be
a commission member and may not be an employee of the commission
employed in a "bona fide executive, administrative, or professional
capacity," as that phrase is used for purposes of establishing an
exemption to the overtime provisions of the federal Fair Labor
Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of law
enforcement or county corrections; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of law
enforcement or county corrections [who is exempt from the state's
position classification plan or is compensated at or above the
amount prescribed by the General Appropriations Act for step 1,
salary group A17, of the position classification salary schedule].
(c) [A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the field of law
enforcement may not be a commission member and may not be an
employee of the commission who is exempt from the state's position
classification plan or is compensated at or above the amount
prescribed by the General Appropriations Act for step 1, salary
group A17, of the position classification salary schedule.
[(d)] A person may not be [serve as] a member of the
commission or act as the general counsel to the commission or the
agency if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the
commission's operation.
SECTION 3. Section 1701.056(a), Occupations Code, is
amended to read as follows:
(a) It is a ground for removal from the commission that a
member:
(1) does not have at the time of taking office
[appointment] the qualifications required by Section 1701.051(a)
or 1701.052;
(2) does not maintain during service on the commission
the qualifications required by Section 1701.051(a) or 1701.052;
(3) is ineligible for membership under [violates a
prohibition established by] Section 1701.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled commission meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the commission.
SECTION 4. Section 1701.059, Occupations Code, is amended
to read as follows:
Sec. 1701.059. TRAINING. (a) A [To be eligible to take
office as a member of the commission, a] person who is appointed to
and qualifies for office as a member of the commission may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the commission until the person completes [must complete at least
one course of] a training program that complies with this section.
(b) The training program must [shall] provide the person
with information [to a member] regarding:
(1) the legislation that created the commission;
(2) the programs, functions, rules, and budget of the
commission [this chapter];
(3) [(2)] the results of the most recent formal audit
of [programs operated by] the commission;
(4) [(3)] the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest [role and functions of the commission]; and
[(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 Chapters 551, 552, and 2001,
Government Code;
[(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
[(9)] any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office[, as provided by the
General Appropriations Act, as if the person were a member of the
commission].
SECTION 5. Section 1701.153(b), Occupations Code, is
amended to read as follows:
(b) The commission shall furnish each agency and licensed
training school with the required reporting forms, including access
to electronic submission forms when the system under Section
1701.1523 is established.
SECTION 6. Sections 1701.157(b) and (c), Occupations Code,
are amended to read as follows:
(b) To provide the necessary information for an allocation
of money under Subsection (a), a [Not later than November 1 of each
calendar year, each] local law enforcement agency must [shall]
report to the comptroller not later than November 1 of the preceding
calendar year:
(1) the number of agency positions described by
Subsection (a)(2) reserved as of January 1 of the [that] year the
report is due;
(2) the number of agency positions described by
Subsection (a)(2) filled as of January 1 of the year the report is
due;
(3) the percentage of the money received by the agency
under Subsection (a) pursuant to the allocation made by the
comptroller on or before March 1 of the year preceding the year in
which the report is due that was used by the agency before the date
of the allocation made by the comptroller under Subsection (a) on or
before March 1 of the year the report is due;
(4) the number of training hours received during the
12-month or approximately 12-month period described by Subdivision
(3) that were funded by money received by the agency pursuant to the
allocation made by the comptroller on or before March 1 of the year
preceding the year in which the report is due; and
(5) that the agency has complied with the requirements
of this section regarding the use of any money received by the
agency pursuant to the allocation made by the comptroller on or
before March 1 of the year preceding the year in which the report is
due.
(c) The head of a law enforcement agency shall maintain a
complete and detailed [written] record of money received and spent
by the agency under this section. Money received under this section
is subject to audit by the comptroller. Money spent under this
section is subject to audit by the state auditor.
SECTION 7. Subchapter D, Chapter 1701, Occupations Code, is
amended by adding Sections 1701.1521, 1701.1522, 1701.1523,
1701.1524, 1701.162, and 1701.163 to read as follows:
Sec. 1701.1521. USE OF TECHNOLOGY. The commission shall
implement a policy requiring the commission to use appropriate
technological solutions to improve the commission's ability to
perform its functions. The policy must ensure that the public is
able to interact with the commission on the Internet.
Sec. 1701.1522. ALTERNATIVE DISPUTE RESOLUTION. (a) The
commission shall develop and implement a policy to encourage the
use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of commission rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the commission's
jurisdiction.
(b) The commission's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The commission shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the commission.
Sec. 1701.1523. ELECTRONIC SUBMISSION OF FORMS, DATA, AND
DOCUMENTS. The commission by rule shall:
(1) develop and establish a system for the electronic
submission of forms, data, and documents required to be submitted
to the commission under this chapter; and
(2) once that system is established, require law
enforcement agencies to submit to the commission electronically any
form, data, or document required to be submitted to the commission
under this chapter.
Sec. 1701.1524. RULES RELATING TO CONSEQUENCES OF CRIMINAL
CONVICTION OR DEFERRED ADJUDICATION. (a) The commission by rule
shall establish guidelines consistent with this chapter that are
necessary to comply with Chapter 53 to the extent that chapter
applies to persons licensed under this chapter.
(b) In its rules under this section, the commission shall
list the offenses for which a conviction would constitute grounds
for the commission to take action under Section 53.021 or for which
placement on deferred adjudication community supervision would
constitute grounds for the commission to take action under this
chapter.
Sec. 1701.162. RECORDS AND AUDIT REQUIREMENTS. (a) The
commission is entitled to access records maintained under Sections
1701.303, 1701.306, and 1701.310 by an agency hiring a person to be
an officer or county jailer, including records that relate to age,
education, physical standards, citizenship, experience, and other
matters relating to competence and reliability, as evidence of
qualification for licensing of an officer or county jailer.
(b) The commission shall audit the records described by
Subsection (a) of each law enforcement agency at least once every
five years.
(c) The commission by rule shall develop and establish a
framework for the audits conducted by the commission under
Subsection (b) that:
(1) addresses the types of documents subject to audit;
(2) provides a schedule for additional risk-based
inspections based on:
(A) whether there has been a prior violation by
the law enforcement agency;
(B) the inspection history of the agency; and
(C) any other factor the commission by rule
considers appropriate;
(3) provides timelines for complying with an audit
request or correcting a violation found during the audit process;
and
(4) establishes sanctions for failing to comply with
an audit request or to correct a violation found during the audit
process.
Sec. 1701.163. INFORMATION PROVIDED BY COMMISSIONING
ENTITIES. (a) This section applies only to an entity authorized by
statute or by the constitution to create a law enforcement agency or
police department and commission, appoint, or employ officers that
first creates a law enforcement agency or police department and
first begins to commission, appoint, or employ officers on or after
September 1, 2009.
(b) The entity shall submit to the commission on creation of
the law enforcement agency or police department information
regarding:
(1) the need for the law enforcement agency or police
department in the community;
(2) the funding sources for the law enforcement agency
or police department;
(3) the physical resources available to officers;
(4) the physical facilities that the law enforcement
agency or police department will operate, including descriptions of
the evidence room, dispatch area, and public area;
(5) law enforcement policies of the law enforcement
agency or police department, including policies on:
(A) use of force;
(B) vehicle pursuit;
(C) professional conduct of officers;
(D) domestic abuse protocols;
(E) response to missing persons;
(F) supervision of part-time officers; and
(G) impartial policing;
(6) the administrative structure of the law
enforcement agency or police department;
(7) liability insurance; and
(8) any other information the commission requires by
rule.
SECTION 8. Subchapter D, Chapter 1701, Occupations Code, is
amended by adding Section 1701.164 to read as follows:
Sec. 1701.164. COLLECTION OF INFORMATION REGARDING RACIAL
PROFILING. The commission shall collect and maintain information
submitted to the commission under Article 2.134, Code of Criminal
Procedure.
SECTION 9. Section 1701.202, Occupations Code, is amended
to read as follows:
Sec. 1701.202. COMPLAINTS. (a) The commission by rule
shall establish a comprehensive procedure for each phase of the
commission's jurisdictional complaint enforcement process,
including:
(1) complaint intake;
(2) investigation;
(3) adjudication and relevant hearings;
(4) appeals;
(5) the imposition of sanctions; and
(6) public disclosure.
(b) On request, a license holder may obtain information
regarding a complaint made against the license holder under this
chapter, including a complete copy of the complaint file. On
receipt of a request under this subsection, the commission shall
provide the requested information in a timely manner to allow the
license holder time to respond to the complaint.
(c) The commission shall ensure that detailed information
regarding the commission's complaint enforcement process described
by this section is available on any publicly accessible Internet
website and in any appropriate printed materials maintained by the
commission [provide the commission's policies and procedures
relating to complaint investigation and resolution to a person
filing a complaint and to each person that is the subject of the
complaint].
SECTION 10. Section 1701.203, Occupations Code, is amended
to read as follows:
Sec. 1701.203. RECORDS OF COMPLAINTS. (a) The commission
shall maintain a system to promptly and efficiently act on
complaints filed with the commission. The commission shall
maintain [keep an] information [file] about parties to the
complaint, [each written complaint filed with the commission that
the commission has authority to resolve. The information file must
include:
[(1) the date the complaint is received;
[(2) the name of the complainant;
[(3)] the subject matter of the complaint,[;
[(4) a record of each person contacted in relation to
the complaint;
[(5)] a summary of the results of the review or
investigation of the complaint, and its disposition[; and
[(6) an explanation of the reason that a complaint was
closed without action by the commission].
(b) The commission shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The commission[, at least quarterly and until final
disposition of the complaint,] shall periodically notify the
parties to the complaint of the status of the complaint until final
disposition [unless the notice would jeopardize an undercover
investigation].
SECTION 11. Subchapter E, Chapter 1701, Occupations Code,
is amended by adding Section 1701.2035 to read as follows:
Sec. 1701.2035. TRACKING AND ANALYSIS OF COMPLAINT AND
VIOLATION DATA. (a) The commission shall develop and implement a
method for:
(1) tracking complaints filed with the commission
through their final disposition, including:
(A) the reason for each complaint;
(B) how each complaint was resolved; and
(C) the subject matter of each complaint that was
not within the jurisdiction of the commission and how the
commission responded to the complaint; and
(2) tracking and categorizing the sources and types of
complaints filed with the commission and of violations of this
chapter or a rule adopted under this chapter.
(b) The commission shall analyze the complaint and
violation data maintained under Subsection (a) to identify trends
and areas that may require additional regulation or enforcement.
SECTION 12. Section 1701.253, Occupations Code, is amended
by adding Subsection (k) to read as follows:
(k) As part of the minimum curriculum requirements, the
commission shall establish a statewide comprehensive education and
training program for officers licensed under this chapter that
covers the laws of this state and of the United States pertaining to
peace officers.
SECTION 13. Section 1701.254, Occupations Code, is amended
by adding Subsection (d) to read as follows:
(d) The commission by rule shall establish a system for
placing a training provider on at-risk probationary status. The
rules must prescribe:
(1) the criteria to be used by the commission in
determining whether to place a training provider on at-risk
probationary status;
(2) a procedure and timeline for imposing corrective
conditions on a training provider placed on at-risk probationary
status and for notifying the provider regarding those conditions;
and
(3) a procedure for tracking a training provider's
progress toward compliance with any corrective conditions imposed
on the provider by the commission under this subsection.
SECTION 14. Section 1701.255(c), Occupations Code, is
amended to read as follows:
(c) A person may not enroll in a peace officer training
program under Section 1701.251(a) unless the person has received:
(1) a high school diploma;
(2) a high school equivalency certificate [and has
completed at least 12 hours at an institution of higher education
with at least a 2.0 grade point average on a 4.0 scale]; or
(3) an honorable discharge from the armed forces of
the United States after at least 24 months of active duty service.
SECTION 15. Subchapter G, Chapter 1701, Occupations Code,
is amended by adding Section 1701.3095 to read as follows:
Sec. 1701.3095. EDUCATION REQUIREMENT. The commission by
rule shall require a person who has obtained a high school
equivalency certificate (GED) but does not hold a high school
diploma to complete at least 12 hours of study at an accredited
college or university as a prerequisite to obtaining a license as a
peace officer.
SECTION 16. Section 1701.351, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) As part of the continuing education programs under
Subsection (a), a peace officer must complete a training and
education program that covers recent changes to the laws of this
state and of the United States pertaining to peace officers.
SECTION 17. Section 1701.352, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (g) to read as
follows:
(b) The commission shall require a state, county, special
district, or municipal agency that appoints or employs peace
officers to provide each peace officer with a training program at
least once every 48 months that is approved by the commission and
consists of:
(1) topics selected by the agency; and
(2) for an officer holding only a basic proficiency
certificate, not more than 20 hours of education and training that
contain curricula incorporating the learning objectives developed
by the commission regarding:
(A) civil rights, racial sensitivity, and
cultural diversity; [and]
(B) de-escalation and crisis intervention
techniques to facilitate interaction with persons with mental
impairments; and
(C) unless determined by the agency head to be
inconsistent with the officer's assigned duties:
(i) the recognition and documentation of
cases that involve child abuse or neglect, family violence, and
sexual assault; and
(ii) issues concerning sex offender
characteristics.
(g) The training and education program on de-escalation and
crisis intervention techniques to facilitate interaction with
persons with mental impairments under Subsection (b)(2)(B) may not
be provided as an online course. The commission shall:
(1) determine best practices for interacting with
persons with mental impairments, in consultation with the Bill
Blackwood Law Enforcement Management Institute of Texas; and
(2) review the education and training program under
Subsection (b)(2)(B) at least once every 24 months.
SECTION 18. Section 1701.402, Occupations Code, is amended
by adding Subsections (h) and (i) to read as follows:
(h) As a requirement for an intermediate proficiency
certificate, an officer must complete an education and training
program on investigative topics established by the commission under
Section 1701.253(b).
(i) As a requirement for an intermediate proficiency
certificate, an officer must complete an education and training
program on civil rights, racial sensitivity, and cultural diversity
established by the commission under Section 1701.253(c).
SECTION 19. Section 1701.355(a), Occupations Code, is
amended to read as follows:
(a) An agency that employs one or more [at least two] peace
officers shall designate a firearms proficiency officer and require
each peace officer the agency employs to demonstrate weapons
proficiency to the firearms proficiency officer at least annually.
The agency shall maintain records of the weapons proficiency of the
agency's peace officers.
SECTION 20. Sections 1701.451(a), (b), and (c), Occupations
Code, are amended to read as follows:
(a) Before a law enforcement agency may hire a person
licensed under this chapter, the agency head or the agency head's
designee must:
(1) make a [written] request to the commission for any
employment termination report regarding the person that is
maintained by the commission under this subchapter; and
(2) submit to the commission on the form prescribed by
the commission confirmation that the agency:
(A) conducted in the manner prescribed by the
commission a criminal background check regarding the person;
(B) obtained the person's written consent on a
form prescribed by the commission for the agency to view the
person's employment records;
(C) obtained from the commission any service or
education records regarding the person maintained by the
commission; and
(D) contacted each of the person's previous law
enforcement employers.
(b) The commission by rule shall establish a system for
verifying an electronically submitted [The written] request
required by Subsection (a)(1) [must be on the agency's letterhead
and be signed by the agency head or the agency head's designee].
(c) If the commission receives from a law enforcement agency
a [written] request that complies with Subsections (a)(1) and (b),
the commission employee having the responsibility to maintain any
employment termination report regarding the person who is the
subject of the request shall release the report to the agency.
SECTION 21. Section 1701.4525, Occupations Code, is amended
by adding Subsection (g) to read as follows:
(g) The commission is not considered a party in a proceeding
conducted by the State Office of Administrative Hearings under this
section.
SECTION 22. Section 1701.453, Occupations Code, is amended
to read as follows:
Sec. 1701.453. MAINTENANCE OF REPORTS AND STATEMENTS. The
commission shall maintain a copy of each report and [written]
statement submitted to the commission under this subchapter until
at least the 10th anniversary of the date on which the report or
statement is submitted.
SECTION 23. Subchapter K, Chapter 1701, Occupations Code,
is amended by adding Section 1701.507 to read as follows:
Sec. 1701.507. ADMINISTRATIVE PENALTIES. (a) In addition
to other penalties imposed by law, a person who violates this
chapter or a rule adopted under this chapter is subject to an
administrative penalty in an amount set by the commission not to
exceed $1,000 per day per violation. The administrative penalty
shall be assessed in a proceeding conducted in accordance with
Chapter 2001, Government Code.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation;
(2) the respondent's history of violations;
(3) the amount necessary to deter future violations;
(4) efforts made by the respondent to correct the
violation; and
(5) any other matter that justice may require.
(c) The commission by rule shall establish a written
enforcement plan that provides notice of the specific ranges of
penalties that apply to specific alleged violations and the
criteria by which the commission determines the amount of a
proposed administrative penalty.
SECTION 24. Subchapter L, Chapter 1701, Occupations Code,
is amended by adding Section 1701.554 to read as follows:
Sec. 1701.554. VENUE. Venue for the prosecution of an
offense that arises from a violation of this chapter or in
connection with the administration of this chapter lies in the
county where the offense occurred or in Travis County.
SECTION 25. Article 2.132(b), Code of Criminal Procedure,
is amended to read as follows:
(b) Each law enforcement agency in this state shall adopt a
detailed written policy on racial profiling. The policy must:
(1) clearly define acts constituting racial
profiling;
(2) strictly prohibit peace officers employed by the
agency from engaging in racial profiling;
(3) implement a process by which an individual may
file a complaint with the agency if the individual believes that a
peace officer employed by the agency has engaged in racial
profiling with respect to the individual;
(4) provide public education relating to the agency's
complaint process;
(5) require appropriate corrective action to be taken
against a peace officer employed by the agency who, after an
investigation, is shown to have engaged in racial profiling in
violation of the agency's policy adopted under this article;
(6) require collection of information relating to
traffic stops in which a citation is issued and to arrests resulting
from those traffic stops, including information relating to:
(A) the race or ethnicity of the individual
detained; [and]
(B) whether a search was conducted and, if so,
whether the person detained consented to the search; and
(C) whether the peace officer knew the race or
ethnicity of the individual detained before detaining that
individual; and
(7) require the agency to submit to the Commission on
Law Enforcement Officer Standards and Education, and, if the law
enforcement agency is a local law enforcement agency, to the
governing body of each county or municipality served by the agency,
an annual report of the information collected under Subdivision (6)
[if the agency is an agency of a county, municipality, or other
political subdivision of the state].
SECTION 26. Article 2.134(b), Code of Criminal Procedure,
is amended to read as follows:
(b) A law enforcement agency shall compile and analyze the
information contained in each report received by the agency under
Article 2.133. Not later than March 1 of each year, each [local]
law enforcement agency shall submit a report containing the
information compiled during the previous calendar year to the
Commission on Law Enforcement Officer Standards and Education and,
if the law enforcement agency is a local law enforcement agency, to
the governing body of each county or municipality served by the
agency [in a manner approved by the agency].
SECTION 27. The following laws are repealed:
(1) Section 1701.051(d), Occupations Code;
(2) Section 1701.156(c), Occupations Code;
(3) Section 1701.315, Occupations Code; and
(4) Section 1701.406, Occupations Code.
SECTION 28. (a) The changes in law made by this Act to
Sections 1701.053, 1701.056, and 1701.059, Occupations Code, apply
only to a member of the Texas Commission on Law Enforcement Officer
Standards and Education appointed on or after the effective date of
this Act and do not affect the entitlement of a member serving on
the commission immediately before that date to continue to serve
and function as a member of the commission for the remainder of the
member's term.
(b) Not later than March 1, 2010, the Texas Commission on
Law Enforcement Officer Standards and Education shall adopt rules
and policies required under:
(1) Sections 1701.202, 1701.254, and 1701.451,
Occupations Code, as amended by this Act; and
(2) Sections 1701.1521, 1701.1522, 1701.1523,
1701.1524, and 1701.162, Occupations Code, as added by this Act.
(c) The changes in law made by this Act with respect to
conduct that is grounds for the imposition of a disciplinary
sanction, including an administrative penalty, apply only to
conduct that occurs on or after the effective date of this Act.
Conduct that occurs before that date is governed by the law in
effect on the date the conduct occurred, and the former law is
continued in effect for that purpose.
(d) The Commission on Law Enforcement Officer Standards and
Education shall modify the training program required by Section
1701.352(b), Occupations Code, as amended by this Act, and ensure
that the modified program is available not later than January 1,
2010.
(e) A law enforcement agency affected by the change in law
made by this Act to Section 1701.355(a), Occupations Code, shall
designate a firearms proficiency officer not later than March 1,
2010. For purposes of this section, a state or local governmental
entity that employs one or more peace officers is a law enforcement
agency.
(f) The changes in law made by this Act to Section
1701.157(b), Occupations Code, apply to allocations made on or
after January 1, 2011. Allocations made before that date are
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 29. Articles 2.132(b) and 2.134(b), Code of
Criminal Procedure, as amended by this Act, apply only to a report
submitted by a law enforcement agency to the Commission on Law
Enforcement Officer Standards and Education or to the governing
body of the applicable political subdivision on or after the
effective date of this Act. A report submitted before the effective
date of this Act is governed by the law in effect when the report was
submitted, and that law is continued in effect for that purpose.
SECTION 30. This Act takes effect September 1, 2009.