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Texas House Bill HB3389

Texas 2009 - 81st Regular

Texas House Bill HB3389 Compare Versions

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11 81R4844 SLB-D
22 By: Harper-Brown H.B. No. 3389
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the continuation and functions of the Texas Commission
88 on Law Enforcement Officer Standards and Education.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 1701.002, Occupations Code, is amended
1111 to read as follows:
1212 Sec. 1701.002. APPLICATION OF SUNSET ACT. The Commission
1313 on Law Enforcement Officer Standards and Education is subject to
1414 Chapter 325, Government Code (Texas Sunset Act). Unless continued
1515 in existence as provided by that chapter, the commission is
1616 abolished and this chapter expires September 1, 2021 [2009].
1717 SECTION 2. Section 1701.053, Occupations Code, is amended
1818 to read as follows:
1919 Sec. 1701.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
2020 In this section, "Texas trade association" means a [nonprofit,]
2121 cooperative[,] and voluntarily joined statewide association of
2222 business or professional competitors in this state designed to
2323 assist its members and its industry or profession in dealing with
2424 mutual business or professional problems and in promoting their
2525 common interest.
2626 (b) A person [An officer, employee, or paid consultant of a
2727 Texas trade association in the field of law enforcement] may not be
2828 a commission member and may not be an employee of the commission
2929 employed in a "bona fide executive, administrative, or professional
3030 capacity," as that phrase is used for purposes of establishing an
3131 exemption to the overtime provisions of the federal Fair Labor
3232 Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
3333 (1) the person is an officer, employee, or paid
3434 consultant of a Texas trade association in the field of law
3535 enforcement or county corrections; or
3636 (2) the person's spouse is an officer, manager, or paid
3737 consultant of a Texas trade association in the field of law
3838 enforcement or county corrections [who is exempt from the state's
3939 position classification plan or is compensated at or above the
4040 amount prescribed by the General Appropriations Act for step 1,
4141 salary group A17, of the position classification salary schedule].
4242 (c) [A person who is the spouse of an officer, manager, or
4343 paid consultant of a Texas trade association in the field of law
4444 enforcement may not be a commission member and may not be an
4545 employee of the commission who is exempt from the state's position
4646 classification plan or is compensated at or above the amount
4747 prescribed by the General Appropriations Act for step 1, salary
4848 group A17, of the position classification salary schedule.
4949 [(d)] A person may not be [serve as] a member of the
5050 commission or act as the general counsel to the commission or the
5151 agency if the person is required to register as a lobbyist under
5252 Chapter 305, Government Code, because of the person's activities
5353 for compensation on behalf of a profession related to the
5454 commission's operation.
5555 SECTION 3. Section 1701.056(a), Occupations Code, is
5656 amended to read as follows:
5757 (a) It is a ground for removal from the commission that a
5858 member:
5959 (1) does not have at the time of taking office
6060 [appointment] the qualifications required by Section 1701.051(a)
6161 or 1701.052;
6262 (2) does not maintain during service on the commission
6363 the qualifications required by Section 1701.051(a) or 1701.052;
6464 (3) is ineligible for membership under [violates a
6565 prohibition established by] Section 1701.053;
6666 (4) cannot, because of illness or disability,
6767 discharge the member's duties for a substantial part of the member's
6868 term; or
6969 (5) is absent from more than half of the regularly
7070 scheduled commission meetings that the member is eligible to attend
7171 during a calendar year without an excuse approved by a majority vote
7272 of the commission.
7373 SECTION 4. Section 1701.059, Occupations Code, is amended
7474 to read as follows:
7575 Sec. 1701.059. TRAINING. (a) A [To be eligible to take
7676 office as a member of the commission, a] person who is appointed to
7777 and qualifies for office as a member of the commission may not vote,
7878 deliberate, or be counted as a member in attendance at a meeting of
7979 the commission until the person completes [must complete at least
8080 one course of] a training program that complies with this section.
8181 (b) The training program must [shall] provide the person
8282 with information [to a member] regarding:
8383 (1) the legislation that created the commission;
8484 (2) the programs, functions, rules, and budget of the
8585 commission [this chapter];
8686 (3) [(2)] the results of the most recent formal audit
8787 of [programs operated by] the commission;
8888 (4) [(3)] the requirements of laws relating to open
8989 meetings, public information, administrative procedure, and
9090 conflicts of interest [role and functions of the commission]; and
9191 [(4) the rules of the commission, with an emphasis on
9292 the rules that relate to disciplinary and investigatory authority;]
9393 (5) [the current budget for the commission;
9494 [(6) the results of the most recent formal audit of the
9595 commission;
9696 [(7) the requirements of Chapters 551, 552, and 2001,
9797 Government Code;
9898 [(8) the requirements of the conflict of interest laws
9999 and other laws relating to public officials; and
100100 [(9)] any applicable ethics policies adopted by the
101101 commission or the Texas Ethics Commission.
102102 (c) A person appointed to the commission is entitled to
103103 reimbursement, as provided by the General Appropriations Act, for
104104 travel expenses incurred in attending the training program
105105 regardless of whether the attendance at the program occurs before
106106 or after the person qualifies for office[, as provided by the
107107 General Appropriations Act, as if the person were a member of the
108108 commission].
109109 SECTION 5. Section 1701.153(b), Occupations Code, is
110110 amended to read as follows:
111111 (b) The commission shall furnish each agency and licensed
112112 training school with the required reporting forms, including access
113113 to electronic submission forms when the system under Section
114114 1701.1523 is established.
115115 SECTION 6. Section 1701.157(c), Occupations Code, is
116116 amended to read as follows:
117117 (c) The head of a law enforcement agency shall maintain a
118118 complete and detailed [written] record of money received and spent
119119 by the agency under this section. Money received under this section
120120 is subject to audit by the comptroller. Money spent under this
121121 section is subject to audit by the state auditor.
122122 SECTION 7. Subchapter D, Chapter 1701, Occupations Code, is
123123 amended by adding Sections 1701.1521, 1701.1522, 1701.1523,
124124 1701.1524, and 1701.162 to read as follows:
125125 Sec. 1701.1521. USE OF TECHNOLOGY. The commission shall
126126 implement a policy requiring the commission to use appropriate
127127 technological solutions to improve the commission's ability to
128128 perform its functions. The policy must ensure that the public is
129129 able to interact with the commission on the Internet.
130130 Sec. 1701.1522. ALTERNATIVE DISPUTE RESOLUTION. (a) The
131131 commission shall develop and implement a policy to encourage the
132132 use of:
133133 (1) negotiated rulemaking procedures under Chapter
134134 2008, Government Code, for the adoption of commission rules; and
135135 (2) appropriate alternative dispute resolution
136136 procedures under Chapter 2009, Government Code, to assist in the
137137 resolution of internal and external disputes under the commission's
138138 jurisdiction.
139139 (b) The commission's procedures relating to alternative
140140 dispute resolution must conform, to the extent possible, to any
141141 model guidelines issued by the State Office of Administrative
142142 Hearings for the use of alternative dispute resolution by state
143143 agencies.
144144 (c) The commission shall designate a trained person to:
145145 (1) coordinate the implementation of the policy
146146 adopted under Subsection (a);
147147 (2) serve as a resource for any training needed to
148148 implement the procedures for negotiated rulemaking or alternative
149149 dispute resolution; and
150150 (3) collect data concerning the effectiveness of those
151151 procedures, as implemented by the commission.
152152 Sec. 1701.1523. ELECTRONIC SUBMISSION OF FORMS, DATA, AND
153153 DOCUMENTS. The commission by rule shall:
154154 (1) develop and establish a system for the electronic
155155 submission of forms, data, and documents required to be submitted
156156 to the commission under this chapter; and
157157 (2) once that system is established, require law
158158 enforcement agencies to submit to the commission electronically any
159159 form, data, or document required to be submitted to the commission
160160 under this chapter.
161161 Sec. 1701.1524. RULES RELATING TO CONSEQUENCES OF CRIMINAL
162162 CONVICTION OR DEFERRED ADJUDICATION. (a) The commission by rule
163163 shall establish guidelines consistent with this chapter that are
164164 necessary to comply with Chapter 53 to the extent that chapter
165165 applies to persons licensed under this chapter.
166166 (b) In its rules under this section, the commission shall
167167 list the offenses for which a conviction would constitute grounds
168168 for the commission to take action under Section 53.021 or for which
169169 placement on deferred adjudication community supervision would
170170 constitute grounds for the commission to take action under this
171171 chapter.
172172 Sec. 1701.162. RECORDS AND AUDIT REQUIREMENTS. (a) The
173173 commission is entitled to access records maintained under Sections
174174 1701.303, 1701.306, and 1701.310 by an agency hiring a person to be
175175 an officer or county jailer, including records that relate to age,
176176 education, physical standards, citizenship, experience, and other
177177 matters relating to competence and reliability, as evidence of
178178 qualification for licensing of an officer or county jailer.
179179 (b) The commission shall audit the records described by
180180 Subsection (a) of each law enforcement agency at least once every
181181 five years.
182182 (c) The commission by rule shall develop and establish a
183183 framework for the audits conducted by the commission under
184184 Subsection (b) that:
185185 (1) addresses the types of documents subject to audit;
186186 (2) provides a schedule for additional risk-based
187187 inspections based on:
188188 (A) whether there has been a prior violation by
189189 the law enforcement agency;
190190 (B) the inspection history of the agency; and
191191 (C) any other factor the commission by rule
192192 considers appropriate;
193193 (3) provides timelines for complying with an audit
194194 request or correcting a violation found during the audit process;
195195 and
196196 (4) establishes sanctions for failing to comply with
197197 an audit request or to correct a violation found during the audit
198198 process.
199199 SECTION 8. Section 1701.202, Occupations Code, is amended
200200 to read as follows:
201201 Sec. 1701.202. COMPLAINTS. (a) The commission by rule
202202 shall establish a comprehensive procedure for each phase of the
203203 commission's complaint enforcement process, including:
204204 (1) complaint intake;
205205 (2) investigation;
206206 (3) adjudication and relevant hearings;
207207 (4) appeals;
208208 (5) the imposition of sanctions; and
209209 (6) public disclosure.
210210 (b) On request, a license holder may obtain information
211211 regarding a complaint made against the license holder under this
212212 chapter, including a complete copy of the complaint file. On
213213 receipt of a request under this subsection, the commission shall
214214 provide the requested information in a timely manner to allow the
215215 license holder time to respond to the complaint.
216216 (c) The commission shall ensure that detailed information
217217 regarding the commission's complaint enforcement process described
218218 by this section is available on any publicly accessible Internet
219219 website and in any appropriate printed materials maintained by the
220220 commission [provide the commission's policies and procedures
221221 relating to complaint investigation and resolution to a person
222222 filing a complaint and to each person that is the subject of the
223223 complaint].
224224 SECTION 9. Section 1701.203, Occupations Code, is amended
225225 to read as follows:
226226 Sec. 1701.203. RECORDS OF COMPLAINTS. (a) The commission
227227 shall maintain a system to promptly and efficiently act on
228228 complaints filed with the commission. The commission shall
229229 maintain [keep an] information [file] about parties to the
230230 complaint, [each written complaint filed with the commission that
231231 the commission has authority to resolve. The information file must
232232 include:
233233 [(1) the date the complaint is received;
234234 [(2) the name of the complainant;
235235 [(3)] the subject matter of the complaint,[;
236236 [(4) a record of each person contacted in relation to
237237 the complaint;
238238 [(5)] a summary of the results of the review or
239239 investigation of the complaint, and its disposition[; and
240240 [(6) an explanation of the reason that a complaint was
241241 closed without action by the commission].
242242 (b) The commission shall make information available
243243 describing its procedures for complaint investigation and
244244 resolution.
245245 (c) The commission[, at least quarterly and until final
246246 disposition of the complaint,] shall periodically notify the
247247 parties to the complaint of the status of the complaint until final
248248 disposition [unless the notice would jeopardize an undercover
249249 investigation].
250250 SECTION 10. Subchapter E, Chapter 1701, Occupations Code,
251251 is amended by adding Section 1701.2035 to read as follows:
252252 Sec. 1701.2035. TRACKING AND ANALYSIS OF COMPLAINT AND
253253 VIOLATION DATA. (a) The commission shall develop and implement a
254254 method for:
255255 (1) tracking complaints filed with the commission
256256 through their final disposition, including:
257257 (A) the reason for each complaint;
258258 (B) how each complaint was resolved; and
259259 (C) the subject matter of each complaint that was
260260 not within the jurisdiction of the commission and how the
261261 commission responded to the complaint; and
262262 (2) tracking and categorizing the sources and types of
263263 complaints filed with the commission and of violations of this
264264 chapter or a rule adopted under this chapter.
265265 (b) The commission shall analyze the complaint and
266266 violation data maintained under Subsection (a) to identify trends
267267 and areas that may require additional regulation or enforcement.
268268 SECTION 11. Section 1701.254, Occupations Code, is amended
269269 by adding Subsection (d) to read as follows:
270270 (d) The commission by rule shall establish a system for
271271 placing a training provider on at-risk probationary status. The
272272 rules must prescribe:
273273 (1) the criteria to be used by the commission in
274274 determining whether to place a training provider on at-risk
275275 probationary status;
276276 (2) a procedure and timeline for imposing corrective
277277 conditions on a training provider placed on at-risk probationary
278278 status and for notifying the provider regarding those conditions;
279279 and
280280 (3) a procedure for tracking a training provider's
281281 progress toward compliance with any corrective conditions imposed
282282 on the provider by the commission under this subsection.
283283 SECTION 12. Section 1701.255(c), Occupations Code, is
284284 amended to read as follows:
285285 (c) A person may not enroll in a peace officer training
286286 program under Section 1701.251(a) unless the person has received:
287287 (1) a high school diploma;
288288 (2) a high school equivalency certificate [and has
289289 completed at least 12 hours at an institution of higher education
290290 with at least a 2.0 grade point average on a 4.0 scale]; or
291291 (3) an honorable discharge from the armed forces of
292292 the United States after at least 24 months of active duty service.
293293 SECTION 13. Sections 1701.451(a), (b), and (c), Occupations
294294 Code, are amended to read as follows:
295295 (a) Before a law enforcement agency may hire a person
296296 licensed under this chapter, the agency head or the agency head's
297297 designee must:
298298 (1) make a [written] request to the commission for any
299299 employment termination report regarding the person that is
300300 maintained by the commission under this subchapter; and
301301 (2) submit to the commission on the form prescribed by
302302 the commission confirmation that the agency:
303303 (A) conducted in the manner prescribed by the
304304 commission a criminal background check regarding the person;
305305 (B) obtained the person's written consent on a
306306 form prescribed by the commission for the agency to view the
307307 person's employment records;
308308 (C) obtained from the commission any service or
309309 education records regarding the person maintained by the
310310 commission; and
311311 (D) contacted each of the person's previous law
312312 enforcement employers.
313313 (b) The commission by rule shall establish a system for
314314 verifying an electronically submitted [The written] request
315315 required by Subsection (a)(1) [must be on the agency's letterhead
316316 and be signed by the agency head or the agency head's designee].
317317 (c) If the commission receives from a law enforcement agency
318318 a [written] request that complies with Subsections (a)(1) and (b),
319319 the commission employee having the responsibility to maintain any
320320 employment termination report regarding the person who is the
321321 subject of the request shall release the report to the agency.
322322 SECTION 14. Section 1701.4525, Occupations Code, is amended
323323 by adding Subsection (g) to read as follows:
324324 (g) The commission is not considered a party in a proceeding
325325 conducted by the State Office of Administrative Hearings under this
326326 section.
327327 SECTION 15. Section 1701.453, Occupations Code, is amended
328328 to read as follows:
329329 Sec. 1701.453. MAINTENANCE OF REPORTS AND STATEMENTS. The
330330 commission shall maintain a copy of each report and [written]
331331 statement submitted to the commission under this subchapter until
332332 at least the 10th anniversary of the date on which the report or
333333 statement is submitted.
334334 SECTION 16. Subchapter K, Chapter 1701, Occupations Code,
335335 is amended by adding Section 1701.507 to read as follows:
336336 Sec. 1701.507. ADMINISTRATIVE PENALTIES. (a) In addition
337337 to other penalties imposed by law, a person who violates this
338338 chapter or a rule adopted under this chapter is subject to an
339339 administrative penalty in an amount set by the commission not to
340340 exceed $1,000 per day per violation. The administrative penalty
341341 shall be assessed in a proceeding conducted in accordance with
342342 Chapter 2001, Government Code.
343343 (b) The amount of the penalty shall be based on:
344344 (1) the seriousness of the violation;
345345 (2) the respondent's history of violations;
346346 (3) the amount necessary to deter future violations;
347347 (4) efforts made by the respondent to correct the
348348 violation; and
349349 (5) any other matter that justice may require.
350350 (c) The commission by rule shall establish a written
351351 enforcement plan that provides notice of the specific ranges of
352352 penalties that apply to specific alleged violations and the
353353 criteria by which the commission determines the amount of a
354354 proposed administrative penalty.
355355 SECTION 17. The following laws are repealed:
356356 (1) Section 1701.051(d), Occupations Code;
357357 (2) Section 1701.315, Occupations Code; and
358358 (3) Section 1701.406, Occupations Code.
359359 SECTION 18. (a) The changes in law made by this Act to
360360 Sections 1701.053, 1701.056, and 1701.059, Occupations Code, apply
361361 only to a member of the Texas Commission on Law Enforcement Officer
362362 Standards and Education appointed on or after the effective date of
363363 this Act and do not affect the entitlement of a member serving on
364364 the commission immediately before that date to continue to serve
365365 and function as a member of the commission for the remainder of the
366366 member's term.
367367 (b) Not later than March 1, 2010, the Texas Commission on
368368 Law Enforcement Officer Standards and Education shall adopt rules
369369 and policies required under:
370370 (1) Sections 1701.202, 1701.254, and 1701.451,
371371 Occupations Code, as amended by this Act; and
372372 (2) Sections 1701.1521, 1701.1522, 1701.1523,
373373 1701.1524, and 1701.162, Occupations Code, as added by this Act.
374374 (c) The changes in law made by this Act with respect to
375375 conduct that is grounds for the imposition of a disciplinary
376376 sanction, including an administrative penalty, apply only to
377377 conduct that occurs on or after the effective date of this Act.
378378 Conduct that occurs before that date is governed by the law in
379379 effect on the date the conduct occurred, and the former law is
380380 continued in effect for that purpose.
381381 SECTION 19. This Act takes effect September 1, 2009.