H.B. No. 3389
AN ACT
relating to the continuation and functions of the Texas Commission
on Law Enforcement Officer Standards and Education; providing civil
and administrative penalties.
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) authorized 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 CERTAIN INCIDENT-BASED DATA
SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall
collect and maintain incident-based data submitted to the
commission under Article 2.134, Code of Criminal Procedure,
including incident-based data compiled by a law enforcement agency
from reports received by the law enforcement agency under Article
2.133 of that code. The commission in consultation with the
Department of Public Safety, the Bill Blackwood Law Enforcement
Management Institute of Texas, the W. W. Caruth, Jr., Police
Institute at Dallas, and the Texas Police Chiefs Association shall
develop guidelines for submitting in a standard format the report
containing incident-based data as required by 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
jurisdictional 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. 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 16. 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 17. 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 18. 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 19. 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 20. 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 21. 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 22. Section 1701.501(a), Occupations Code, is
amended to read as follows:
(a) Except as provided by Subsection (d), the commission
shall revoke or suspend a license, place on probation a person whose
license has been suspended, or reprimand a license holder for a
violation of:
(1) this chapter;
(2) the reporting requirements provided by Articles
2.132 and 2.134, Code of Criminal Procedure; or
(3) a commission rule.
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 law enforcement agency or
governmental entity that 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, Code of Criminal Procedure, is
amended by amending Subsections (a), (b), (d), and (e) and adding
Subsection (g) to read as follows:
(a) In this article:
(1) "Law enforcement agency" means an agency of the
state, or of a county, municipality, or other political subdivision
of the state, that employs peace officers who make motor vehicle
[traffic] stops in the routine performance of the officers'
official duties.
(2) "Motor vehicle stop" means an occasion in which a
peace officer stops a motor vehicle for an alleged violation of a
law or ordinance.
(3) "Race or ethnicity" means of a particular descent,
including Caucasian, African, Hispanic, Asian, [or] Native
American, or Middle Eastern descent.
(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
motor vehicle [traffic] stops in which a citation is issued and to
arrests made as a result of [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 individual [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 chief administrator of the agency,
regardless of whether the administrator is elected, employed, or
appointed, to submit [to the governing body of each county or
municipality served by the agency] an annual report of the
information collected under Subdivision (6) to:
(A) the Commission on Law Enforcement Officer
Standards and Education; and
(B) the governing body of each county or
municipality served by the agency, if the agency is an agency of a
county, municipality, or other political subdivision of the state.
(d) On adoption of a policy under Subsection (b), a law
enforcement agency shall examine the feasibility of installing
video camera and transmitter-activated equipment in each agency law
enforcement motor vehicle regularly used to make motor vehicle
[traffic] stops and transmitter-activated equipment in each agency
law enforcement motorcycle regularly used to make motor vehicle
[traffic] stops. If a law enforcement agency installs video or
audio equipment as provided by this subsection, the policy adopted
by the agency under Subsection (b) must include standards for
reviewing video and audio documentation.
(e) A report required under Subsection (b)(7) may not
include identifying information about a peace officer who makes a
motor vehicle [traffic] stop or about an individual who is stopped
or arrested by a peace officer. This subsection does not affect the
collection of information as required by a policy under Subsection
(b)(6).
(g) On a finding by the Commission on Law Enforcement
Officer Standards and Education that the chief administrator of a
law enforcement agency intentionally failed to submit a report
required under Subsection (b)(7), the commission shall begin
disciplinary procedures against the chief administrator.
SECTION 26. Article 2.133, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE [TRAFFIC AND
PEDESTRIAN] STOPS. (a) In this article, "race[:
[(1) "Race] or ethnicity" has the meaning assigned by
Article 2.132(a).
[(2) "Pedestrian stop" means an interaction between a
peace officer and an individual who is being detained for the
purpose of a criminal investigation in which the individual is not
under arrest.]
(b) A peace officer who stops a motor vehicle for an alleged
violation of a law or ordinance [regulating traffic or who stops a
pedestrian for any suspected offense] shall report to the law
enforcement agency that employs the officer information relating to
the stop, including:
(1) a physical description of any [each] person
operating the motor vehicle who is detained as a result of the stop,
including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by
the person or, if the person does not state the person's race or
ethnicity, as determined by the officer to the best of the officer's
ability;
(2) the initial reason for the stop [traffic law or
ordinance alleged to have been violated or the suspected offense];
(3) whether the officer conducted a search as a result
of the stop and, if so, whether the person detained consented to the
search;
(4) whether any contraband or other evidence was
discovered in the course of the search and a description [the type]
of the contraband or evidence [discovered];
(5) the reason for the search, including whether:
(A) any contraband or other evidence was in plain
view;
(B) any probable cause or reasonable suspicion
existed to perform the search; or
(C) the search was performed as a result of the
towing of the motor vehicle or the arrest of any person in the motor
vehicle [existed and the facts supporting the existence of that
probable cause];
(6) whether the officer made an arrest as a result of
the stop or the search, including a statement of whether the arrest
was based on a violation of the Penal Code, a violation of a traffic
law or ordinance, or an outstanding warrant and a statement of the
offense charged;
(7) the street address or approximate location of the
stop; and
(8) whether the officer issued a written warning or a
citation as a result of the stop[, including a description of the
warning or a statement of the violation charged].
SECTION 27. Article 2.134, Code of Criminal Procedure, is
amended by amending Subsections (a) through (e) and adding
Subsection (g) to read as follows:
(a) In this article:
(1) "Motor vehicle[, "pedestrian] stop" has the
meaning assigned by Article 2.132(a) [means an interaction between
a peace officer and an individual who is being detained for the
purpose of a criminal investigation in which the individual is not
under arrest].
(2) "Race or ethnicity" has the meaning assigned by
Article 2.132(a).
(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
incident-based data [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].
(c) A report required under Subsection (b) must be submitted
by the chief administrator of the law enforcement agency,
regardless of whether the administrator is elected, employed, or
appointed, and must include:
(1) a comparative analysis of the information compiled
under Article 2.133 to:
(A) evaluate and compare the number of motor
vehicle stops, within the applicable jurisdiction, of persons who
are recognized as racial or ethnic minorities and persons who are
not recognized as racial or ethnic minorities [determine the
prevalence of racial profiling by peace officers employed by the
agency]; and
(B) examine the disposition of motor vehicle
[traffic and pedestrian] stops made by officers employed by the
agency, categorized according to the race or ethnicity of the
affected persons, as appropriate, including any searches resulting
from [the] stops within the applicable jurisdiction; and
(2) information relating to each complaint filed with
the agency alleging that a peace officer employed by the agency has
engaged in racial profiling.
(d) A report required under Subsection (b) may not include
identifying information about a peace officer who makes a motor
vehicle [traffic or pedestrian] stop or about an individual who is
stopped or arrested by a peace officer. This subsection does not
affect the reporting of information required under Article
2.133(b)(1).
(e) The Commission on Law Enforcement Officer Standards and
Education, in accordance with Section 1701.162, Occupations Code,
shall develop guidelines for compiling and reporting information as
required by this article.
(g) On a finding by the Commission on Law Enforcement
Officer Standards and Education that the chief administrator of a
law enforcement agency intentionally failed to submit a report
required under Subsection (b), the commission shall begin
disciplinary procedures against the chief administrator.
SECTION 28. Article 2.135, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND
AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting
requirement under Article 2.133 and the chief administrator of a
law enforcement agency, regardless of whether the administrator is
elected, employed, or appointed, is exempt from the compilation,
analysis, and reporting requirements under Article 2.134 if:
(1) during the calendar year preceding the date that a
report under Article 2.134 is required to be submitted:
(A) each law enforcement motor vehicle regularly
used by an officer employed by the agency to make motor vehicle
[traffic and pedestrian] stops is equipped with video camera and
transmitter-activated equipment and each law enforcement
motorcycle regularly used to make motor vehicle [traffic and
pedestrian] stops is equipped with transmitter-activated
equipment; and
(B) each motor vehicle [traffic and pedestrian]
stop made by an officer employed by the agency that is capable of
being recorded by video and audio or audio equipment, as
appropriate, is recorded by using the equipment; or
(2) the governing body of the county or municipality
served by the law enforcement agency, in conjunction with the law
enforcement agency, certifies to the Department of Public Safety,
not later than the date specified by rule by the department, that
the law enforcement agency needs funds or video and audio equipment
for the purpose of installing video and audio equipment as
described by Subsection (a)(1)(A) and the agency does not receive
from the state funds or video and audio equipment sufficient, as
determined by the department, for the agency to accomplish that
purpose.
(b) Except as otherwise provided by this subsection, a law
enforcement agency that is exempt from the requirements under
Article 2.134 shall retain the video and audio or audio
documentation of each motor vehicle [traffic and pedestrian] stop
for at least 90 days after the date of the stop. If a complaint is
filed with the law enforcement agency alleging that a peace officer
employed by the agency has engaged in racial profiling with respect
to a motor vehicle [traffic or pedestrian] stop, the agency shall
retain the video and audio or audio record of the stop until final
disposition of the complaint.
(c) This article does not affect the collection or reporting
requirements under Article 2.132.
(d) In this article, "motor vehicle stop" has the meaning
assigned by Article 2.132(a).
SECTION 29. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1385 to read as follows:
Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator
of a local law enforcement agency intentionally fails to submit the
incident-based data as required by Article 2.134, the agency is
liable to the state for a civil penalty in the amount of $1,000 for
each violation. The attorney general may sue to collect a civil
penalty under this subsection.
(b) From money appropriated to the agency for the
administration of the agency, the executive director of a state law
enforcement agency that intentionally fails to submit the
incident-based data as required by Article 2.134 shall remit to the
comptroller the amount of $1,000 for each violation.
(c) Money collected under this article shall be deposited in
the state treasury to the credit of the general revenue fund.
SECTION 30. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.022 to read as follows:
Art. 102.022. COSTS ON CONVICTION TO FUND STATEWIDE
REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE. (a) In this article,
"moving violation" means an offense that:
(1) involves the operation of a motor vehicle; and
(2) is classified as a moving violation by the
Department of Public Safety under Section 708.052, Transportation
Code.
(b) A defendant convicted of a moving violation in a justice
court, county court, county court at law, or municipal court shall
pay a fee of 10 cents as a cost of court.
(c) In this article, a person is considered convicted if:
(1) a sentence is imposed on the person;
(2) the person receives community supervision,
including deferred adjudication; or
(3) the court defers final disposition of the person's
case.
(d) The clerks of the respective courts shall collect the
costs described by this article. The clerk shall keep separate
records of the funds collected as costs under this article and shall
deposit the funds in the county or municipal treasury, as
appropriate.
(e) The custodian of a county or municipal treasury shall:
(1) keep records of the amount of funds on deposit
collected under this article; and
(2) send to the comptroller before the last day of the
first month following each calendar quarter the funds collected
under this article during the preceding quarter.
(f) A county or municipality may retain 10 percent of the
funds collected under this article by an officer of the county or
municipality as a collection fee if the custodian of the county or
municipal treasury complies with Subsection (e).
(g) If no funds due as costs under this article are
deposited in a county or municipal treasury in a calendar quarter,
the custodian of the treasury shall file the report required for the
quarter in the regular manner and must state that no funds were
collected.
(h) The comptroller shall deposit the funds received under
this article to the credit of the Civil Justice Data Repository fund
in the general revenue fund, to be used only by the Commission on
Law Enforcement Officer Standards and Education to implement duties
under Section 1701.162, Occupations Code.
(i) Funds collected under this article are subject to audit
by the comptroller.
SECTION 31. (a) Section 102.061, Government Code, as
reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th
Legislature, Regular Session, 2007, is amended to conform to the
amendments made to Section 102.061, Government Code, by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, and is further amended to read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
statutory county court shall collect fees and costs under the Code
of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a graffiti eradication fee (Art. 102.0171, Code of
Criminal Procedure) . . . $5; [and]
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5; and
(7) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10.
(b) Section 102.061, Government Code, as amended by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, is repealed. Section 102.061, Government Code, as reenacted
and amended by Chapter 921 (H.B. 3167), Acts of the 80th
Legislature, Regular Session, 2007, to reorganize and renumber that
section, continues in effect as further amended by this section.
SECTION 32. (a) Section 102.081, Government Code, as
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
Regular Session, 2007, is amended to conform to the amendments made
to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151),
Acts of the 80th Legislature, Regular Session, 2007, and is further
amended to read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a graffiti eradication fee (Art. 102.0171, Code of
Criminal Procedure) . . . $5; [and]
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5; and
(7) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10.
(b) Section 102.081, Government Code, as amended by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, is repealed. Section 102.081, Government Code, as amended by
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues
in effect as further amended by this section.
SECTION 33. Section 102.101, Government Code, is amended to
read as follows:
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $4;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0173, Code of Criminal Procedure) . . . $4;
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5;
(7) a fee on conviction of certain offenses involving
issuing or passing a subsequently dishonored check (Art. 102.0071,
Code of Criminal Procedure) . . . not to exceed $30; [and]
(8) a court cost on conviction of a Class C misdemeanor
in a county with a population of 3.3 million or more, if authorized
by the county commissioners court (Art. 102.009, Code of Criminal
Procedure) . . . not to exceed $7; and
(9) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10.
SECTION 34. Section 102.121, Government Code, is amended to
read as follows:
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
municipal court shall collect fees and costs on conviction of a
defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
[and]
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5; and
(7) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10.
SECTION 35. 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 36. (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.
(g) The requirements of Articles 2.132, 2.133, and 2.134,
Code of Criminal Procedure, as amended by this Act, relating to the
compilation, analysis, and submission of incident-based data apply
only to information based on a motor vehicle stop occurring on or
after January 1, 2010.
(h) The imposition of a cost of court under Article 102.022,
Code of Criminal Procedure, as added by this Act, applies only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 37. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3389 was passed by the House on May
13, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3389 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 3389 on May 31, 2009, by the following vote: Yeas 144,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3389 was passed by the Senate, with
amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
3389 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor