82R10536 CJC-D
By: Madden H.B. No. 3617
A BILL TO BE ENTITLED
AN ACT
relating to abolishing the Texas Commission on Fire Protection, the
Commission on Jail Standards, and the Commission on Law Enforcement
Officer Standards and Education and transferring certain of the
powers and duties of those agencies to the newly created Public
Safety Licensing Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PUBLIC SAFETY LICENSING COMMISSION;
TEXAS COMMISSION ON FIRE PROTECTION, COMMISSION ON JAIL
STANDARDS, AND COMMISSION ON LAW ENFORCEMENT OFFICER
STANDARDS AND EDUCATION
SECTION 1.01. Subtitle B, Title 4, Government Code, is
amended by adding Chapter 422 to read as follows:
CHAPTER 422. PUBLIC SAFETY LICENSING COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 422.001. DEFINITION. In this chapter, "commission"
means the Public Safety Licensing Commission.
Sec. 422.002. COMMISSION; REFERENCE. (a) The Public
Safety Licensing Commission is an agency of the state.
(b) A reference in law to the Texas Commission on Fire
Protection, the Commission on Jail Standards, or the Commission on
Law Enforcement Officer Standards and Education means the Public
Safety Licensing Commission.
Sec. 422.003. APPLICATION OF SUNSET ACT. The Public Safety
Licensing Commission is subject to Chapter 325 (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
commission is abolished and this chapter expires September 1, 2023.
Sec. 422.004. GIFTS AND GRANTS. The commission may accept
grants or gifts from private individuals, foundations, or the
federal government.
Sec. 422.005. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION. (a) The commission shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008 for the adoption of commission rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009 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. 422.006. 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 agencies
to submit to the commission electronically any form, data, or
document required to be submitted to the commission under this
chapter.
Sec. 422.007. 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.
[Sections 422.008-422.050 reserved for expansion]
SUBCHAPTER B. COMMISSION
Sec. 422.051. COMPOSITION OF COMMISSION. (a) The
commission is composed of nine members of the public appointed by
the governor with the advice and consent of the senate. At least
one of the members must be a practitioner of medicine licensed by
the Texas Medical Board.
(b) The members of the commission are appointed for
staggered terms of six years with three members' terms expiring
February 1 of each odd-numbered year.
(c) Appointments to the commission shall be made without
regard to the race, color, handicap, sex, religion, age, or
national origin of the appointees.
(d) A person may not be a member of the commission if the
person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the commission;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the commission;
or
(3) uses or receives a substantial amount of tangible
goods, services, or money from the commission, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses.
(e) 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 a training program that complies with Subsection
(f).
(f) The training program required by Subsection (e) must
provide information to the person regarding:
(1) this chapter;
(2) the programs, functions, rules, and budget of the
commission;
(3) the results of the most recent formal audit of the
commission;
(4) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest; and
(5) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
Sec. 422.0511. INITIAL APPOINTMENTS TO COMMISSION. (a)
The governor shall appoint to the initial commission:
(1) two public members of the Texas Commission on Fire
Protection, as that commission existed on August 31, 2011;
(2) two public members of the Commission on Jail
Standards, as that commission existed on August 31, 2011;
(3) two public members of the Commission on Law
Enforcement Officer Standards and Education, as that commission
existed on August 31, 2011; and
(4) three members representative of the general
public, one of whom must be a practitioner of medicine licensed by
the Texas Medical Board.
(b) In making the initial appointments to the commission,
the governor shall appoint three members to terms expiring February
1, 2013, three members to terms expiring February 1, 2015, and three
members to terms expiring February 1, 2017.
(c) This section expires September 1, 2012.
Sec. 422.052. CONFLICT OF INTEREST. (a) In this section,
"Texas trade association" means a 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 may not be a member of the commission and may
not be a commission employee 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 fire
protection, county corrections, or law enforcement; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of fire
protection, county corrections, or law enforcement.
(c) A person may not be a member of the commission or act as
the general counsel to the commission if the person is required to
register as a lobbyist under Chapter 305 because of the person's
activities for compensation on behalf of a profession related to
the operation of the commission.
Sec. 422.053. REMOVAL OF COMMISSION MEMBERS. (a) It is a
ground for removal from the commission that a member:
(1) does not have at the time of taking office the
qualifications required by Section 422.051;
(2) does not maintain during service on the commission
the qualifications required by Section 422.051;
(3) is ineligible for membership under Section
422.052;
(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 majority vote
of the commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commission member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the commission of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the commission, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Sec. 422.054. OFFICERS; MEETINGS; COMPENSATION. (a) The
governor shall designate a commission member to serve as the
commission's presiding officer. The presiding officer serves in
that capacity at the will of the governor.
(b) The commission shall meet at least quarterly.
(c) A member of the commission may not receive compensation
for service on the commission. A member is entitled to receive
reimbursement, subject to any applicable limit on reimbursement
provided by the General Appropriations Act, for actual and
necessary expenses incurred in performing services as a member of
the commission.
(d) The commission shall develop and implement policies
that provide the public with a reasonable opportunity to appear
before the commission and to speak on any issue under the
jurisdiction of the commission.
[Sections 422.055-422.100 reserved for expansion]
SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER PERSONNEL
Sec. 422.101. EXECUTIVE DIRECTOR; STAFF. (a) The
commission shall employ an executive director who may employ other
personnel necessary for the performance of commission functions.
(b) The commission shall provide to its members and
employees, as often as necessary, information regarding their
qualifications for office or employment under this chapter and
their responsibilities under applicable laws relating to standards
of conduct for state officers or employees.
(c) The commission shall develop and implement policies
that clearly separate the policymaking responsibilities of the
commission and the management responsibilities of the executive
director and the staff of the commission.
(d) The executive director or the executive director's
designee shall develop an intra-agency career ladder program that
addresses opportunities for mobility and advancement for employees
within the commission. The program shall require intra-agency
postings of all positions concurrently with any public posting.
(e) The executive director or the executive director's
designee shall develop a system of annual performance evaluations
that are based on documented employee performance. All merit pay
for commission employees must be based on the system established
under this subsection.
(f) The executive director or the executive director's
designee shall prepare and maintain a written policy statement to
assure implementation of a program of equal employment opportunity
under which all personnel transactions are made without regard to
race, color, disability, sex, religion, age, or national origin.
The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel that are in compliance with the requirements
of Chapter 21, Labor Code;
(2) a comprehensive analysis of the commission
workforce that meets federal and state laws, rules, or regulations
and instructions directly adopted under those laws, rules, or
regulations;
(3) procedures by which a determination can be made
about the extent of underuse in the commission workforce of all
persons for whom federal or state laws, rules, or regulations and
instructions directly adopted under those laws, rules, or
regulations encourage a more equitable balance; and
(4) reasonable methods to appropriately address those
areas of underuse.
(g) A policy statement prepared under Subsection (f) must
cover an annual period, be updated annually and reviewed by the
Texas Workforce Commission civil rights division for compliance
with Subsection (f)(1), and be filed with the governor's office.
(h) The governor's office shall deliver a biennial report to
the legislature based on the information received under Subsection
(g). The report may be made separately or as a part of other
biennial reports made to the legislature.
Sec. 422.102. GENERAL COUNSEL. The commission may employ
not more than one attorney. The attorney shall serve as general
counsel of the commission.
[Sections 422.103-422.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES OF COMMISSION
Sec. 422.151. POWERS AND DUTIES. The commission has the
powers and duties provided by the general law of this state,
including those described by Chapters 419 and 511 of this code and
Chapter 1701, Occupations Code.
[Sections 422.152-422.200 reserved for expansion]
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND
COMPLAINT PROCEDURES
Sec. 422.201. PUBLIC INTEREST INFORMATION. (a) The
commission shall prepare information of public interest describing
the regulatory functions of the commission and the procedures by
which public complaints are filed with and resolved by the
commission.
(b) The commission shall make the information available to
the public and appropriate state agencies.
Sec. 422.202. 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.
Sec. 422.203. 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 information about parties to the
complaint, the subject matter of the complaint, a summary of the
results of the review or investigation of the complaint, and its
disposition.
(b) The commission shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The commission shall periodically notify the parties to
the complaint of the status of the complaint until final
disposition.
Sec. 422.2035. 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.
Sec. 422.204. PUBLIC PARTICIPATION. (a) The commission
shall develop and implement policies that provide the public with a
reasonable opportunity to appear before the commission and to speak
on any issue under the commission's jurisdiction.
(b) The commission shall prepare and maintain a written plan
that describes how a person who does not speak English may be
provided reasonable access to the commission's programs and
services.
SECTION 1.02. Section 419.001(1), Government Code, is
amended to read as follows:
(1) "Commission" means the Public Safety Licensing
Commission [Texas Commission on Fire Protection].
SECTION 1.03. Section 511.001(1), Government Code, is
amended to read as follows:
(1) "Commission" means the Public Safety Licensing
Commission [Commission on Jail Standards].
SECTION 1.04. Section 511.009(a), Government Code, as
amended by Chapters 977 (H.B. 3654) and 1215 (S.B. 1009), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted and
amended to read as follows:
(a) The commission shall:
(1) adopt reasonable rules and procedures
establishing minimum standards for the construction, equipment,
maintenance, and operation of county jails;
(2) adopt reasonable rules and procedures
establishing minimum standards for the custody, care, and treatment
of prisoners;
(3) adopt reasonable rules establishing minimum
standards for the number of jail supervisory personnel and for
programs and services to meet the needs of prisoners;
(4) adopt reasonable rules and procedures
establishing minimum requirements for programs of rehabilitation,
education, and recreation in county jails;
(5) revise, amend, or change rules and procedures if
necessary;
(6) [provide to local government officials
consultation on and technical assistance for county jails;
[(7) review and comment on plans for the construction
and major modification or renovation of county jails;
[(8)] require that the sheriff and commissioners of
each county submit to the commission, on a form prescribed by the
commission, an annual report on the conditions in each county jail
within their jurisdiction, including all information necessary to
determine compliance with state law, commission orders, and the
rules adopted under this chapter;
(7) [(9)] review the reports submitted under
Subdivision (6) [(8)] and require commission employees to inspect
county jails regularly to ensure compliance with state law,
commission orders, and rules and procedures adopted under this
chapter;
(8) [(10)] adopt a classification system to assist
sheriffs and judges in determining which defendants are low-risk
and consequently suitable participants in a county jail work
release program under Article 42.034, Code of Criminal Procedure;
(9) [(11)] adopt rules relating to requirements for
segregation of classes of inmates and to capacities for county
jails;
(10) [(12)] require that the chief jailer of each
municipal lockup submit to the commission, on a form prescribed by
the commission, an annual report of persons under 17 years of age
securely detained in the lockup, including all information
necessary to determine compliance with state law concerning secure
confinement of children in municipal lockups;
(11) [(13)] at least annually determine whether each
county jail is in compliance with the rules and procedures adopted
under this chapter;
(12) [(14)] require that the sheriff and
commissioners court of each county submit to the commission, on a
form prescribed by the commission, an annual report of persons
under 17 years of age securely detained in the county jail,
including all information necessary to determine compliance with
state law concerning secure confinement of children in county
jails;
(13) [(15)] schedule announced and unannounced
inspections of jails under the commission's jurisdiction using the
risk assessment plan established under Section 511.0085 to guide
the inspections process;
(14) [(16)] adopt a policy for gathering and
distributing to jails under the commission's jurisdiction
information regarding:
(A) common issues concerning jail
administration;
(B) examples of successful strategies for
maintaining compliance with state law and the rules, standards, and
procedures of the commission; and
(C) solutions to operational challenges for
jails;
(15) [(17)] report to the Texas Correctional Office on
Offenders with Medical or Mental Impairments on a jail's compliance
with Article 16.22, Code of Criminal Procedure;
(16) [(18)] adopt reasonable rules and procedures
establishing minimum requirements for jails to:
(A) determine if a prisoner is pregnant; and
(B) ensure that the jail's health services plan
addresses medical and mental health care, including nutritional
requirements, and any special housing or work assignment needs for
persons who are confined in the jail and are known or determined to
be pregnant; and
(17) [(19)] provide guidelines to sheriffs regarding
contracts between a sheriff and another entity for the provision of
food services to or the operation of a commissary in a jail under
the commission's jurisdiction, including specific provisions
regarding conflicts of interest and avoiding the appearance of
impropriety.
SECTION 1.05. Section 1701.001(1), Occupations Code, is
amended to read as follows:
(1) "Commission" means the Public Safety Licensing
Commission [Commission on Law Enforcement Officer Standards and
Education].
ARTICLE 2. REPEALER
SECTION 2.01. The following provisions of the Government
Code are repealed:
(1) Sections 419.002, 419.003, 419.004, 419.005,
419.006, 419.007, 419.0071, 419.0083, 419.009, 419.0091, 419.011,
and 419.012; and
(2) Sections 511.002, 511.003, 511.004, 511.0041,
511.0042, 511.005, 511.006, 511.0061, 511.007, 511.0071, 511.008,
and 511.018.
SECTION 2.02. The following provisions of the Occupations
Code are repealed:
(1) Sections 1701.002, 1701.051, 1701.052, 1701.053,
1701.054, 1701.055, 1701.056, 1701.057, 1701.058, 1701.059,
1701.1521, 1701.1522, 1701.1523, and 1701.155; and
(2) Subchapters C and E, Chapter 1701.
ARTICLE 3. TRANSITION AND EFFECTIVE DATE
SECTION 3.01. (a) Effective January 1, 2012, the Texas
Commission on Fire Protection, the Commission on Jail Standards,
and the Commission on Law Enforcement Officer Standards and
Education are abolished and all powers, duties, obligations,
rights, contracts, bonds, appropriations, records, and property of
those agencies are transferred to the Public Safety Licensing
Commission.
(b) Effective January 1, 2012, a rule, policy, procedure, or
decision of the Texas Commission on Fire Protection, the Commission
on Jail Standards, or the Commission on Law Enforcement Officer
Standards and Education continues in effect as a rule, policy,
procedure, or decision of the Public Safety Licensing Commission
until superseded by an act of the Public Safety Licensing
Commission.
(c) Effective January 1, 2012, a reference in another law to
the Texas Commission on Fire Protection, the Commission on Jail
Standards, or the Commission on Law Enforcement Officer Standards
and Education means the Public Safety Licensing Commission.
SECTION 3.02. (a) Not later than October 1, 2011, the
governor shall appoint the initial members of the Public Safety
Licensing Commission.
(b) Not later than October 1, 2011, the Texas Commission on
Fire Protection, the Commission on Jail Standards, and the
Commission on Law Enforcement Officer Standards and Education
shall:
(1) adopt a comprehensive plan to ensure the efficient
transition of all programs operated by the Texas Commission on Fire
Protection, the Commission on Jail Standards, and the Commission on
Law Enforcement Officer Standards and Education to the Public
Safety Licensing Commission; and
(2) enter into a memorandum of understanding that
identifies the essential personnel of the Texas Commission on Fire
Protection, the Commission on Jail Standards, and the Commission on
Law Enforcement Officer Standards and Education.
(c) Not later than November 1, 2011, the members of the
Texas Commission on Fire Protection, the Commission on Jail
Standards, and the Commission on Law Enforcement Officer Standards
and Education shall meet with the members of the Public Safety
Licensing Commission to provide for the transfer of necessary
employees to the Public Safety Licensing Commission.
(d) This section takes effect September 1, 2011.
SECTION 3.03. To the extent of any conflict, this Act
prevails over another Act of the 82nd Legislature, Regular Session,
2011, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 3.04. Except as otherwise provided by this Act,
this Act takes effect January 1, 2012.