H.B. No. 3823
AN ACT
relating to the regulation of certain telecommunicators; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.001, Occupations Code, is amended
by adding Subdivision (7) to read as follows:
(7) "Telecommunicator" means a person acknowledged by
the commission and employed by or serving a law enforcement agency
that performs law enforcement services on a 24-hour basis who
receives, processes, and transmits public safety information and
criminal justice data for the agency by using a base radio station
on a public safety frequency regulated by the Federal
Communications Commission or by another method of communication.
SECTION 2. Section 1701.003(c), Occupations Code, is
amended to read as follows:
(c) This chapter does not prevent an employing agency from
establishing qualifications and standards for hiring or training
officers, [and] county jailers, or telecommunicators that exceed
the commission's minimum standards.
SECTION 3. Section 1701.151, Occupations Code, is amended
to read as follows:
Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING
AUTHORITY. The commission may:
(1) adopt rules for the administration of this chapter
and for the commission's internal management and control;
(2) establish minimum standards relating to
competence and reliability, including education, training,
physical, mental, and moral standards, for licensing as an officer,
county jailer, or public security officer or employment as a
telecommunicator;
(3) report to the governor and legislature on the
commission's activities, with recommendations on matters under the
commission's jurisdiction, and make other reports that the
commission considers desirable;
(4) require a state agency or a county, special
district, or municipality in this state that employs officers,
telecommunicators, or county jailers to submit reports and
information;
(5) contract as the commission considers necessary for
services, facilities, studies, and reports required for:
(A) cooperation with municipal, county, special
district, state, and federal law enforcement agencies in training
programs; and
(B) performance of the commission's other
functions; and
(6) conduct research and stimulate research by public
and private agencies to improve law enforcement and police
administration.
SECTION 4. Section 1701.153(a), Occupations Code, is
amended to read as follows:
(a) The commission shall establish reporting standards and
procedures for:
(1) the appointment or employment and the termination
of officers, [and] county jailers, and telecommunicators by law
enforcement agencies;
(2) the activities of licensed training schools; and
(3) other matters the commission considers necessary
for the administration of this chapter.
SECTION 5. Sections 1701.254(a) and (b), Occupations Code,
are amended to read as follows:
(a) The commission may visit and inspect a school conducting
a training course for officers, county jailers, telecommunicators,
or recruits and make necessary evaluations to determine if the
school complies with this chapter and commission rules.
(b) The commission shall develop a risk assessment method to
determine the relative performance of schools conducting training
courses for officers, county jailers, telecommunicators, or
recruits. The commission shall base its schedule for inspection of
schools on the results of the risk assessment.
SECTION 6. Section 1701.312(a), Occupations Code, is
amended to read as follows:
(a) A person who has been convicted of a felony is
disqualified to be an officer, public security officer,
telecommunicator, or county jailer, and the commission may not
issue a license to, and a law enforcement agency may not appoint or
employ, the person.
SECTION 7. Section 1701.313(a), Occupations Code, is
amended to read as follows:
(a) A person who has been convicted of barratry under
Section 38.12, Penal Code, is disqualified to be an officer,
telecommunicator, or county jailer, and the commission may not
issue a license to the person.
SECTION 8. Section 1701.352, Occupations Code, is amended
by adding Subsection (h) to read as follows:
(h) The commission shall require a state, county, special
district, or municipal agency that employs telecommunicators to
provide each telecommunicator with 24 hours of crisis
communications instruction approved by the commission. The
instruction must be provided on or before the first anniversary of
the telecommunicator's first day of employment.
SECTION 9. Section 1701.402(b), Occupations Code, is
amended to read as follows:
(b) As a requirement for a basic proficiency certificate,
the commission shall require completion of local courses or
programs of instruction on federal and state statutes that relate
to employment issues affecting peace officers, telecommunicators,
and county jailers, including:
(1) civil service;
(2) compensation, including overtime compensation,
and vacation time;
(3) personnel files and other employee records;
(4) management-employee relations in law enforcement
organizations;
(5) work-related injuries;
(6) complaints and investigations of employee
misconduct; and
(7) disciplinary actions and the appeal of
disciplinary actions.
SECTION 10. Section 1701.405(b), Occupations Code, is
amended to read as follows:
(b) This state or a political subdivision of this state may
not [appoint or] employ a person to act as a telecommunicator unless
the person:
(1) has had at least 40 hours of telecommunicator
training as determined by the commission;
(2) is at least 18 years of age; and
(3) holds a high school diploma or high school
equivalency certificate.
SECTION 11. Section 1701.553(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person appoints,
employs, or retains an individual as an officer, public security
officer, telecommunicator, or county jailer in violation of Section
1701.312 or 1701.313.
SECTION 12. Sections 1701.405(a)(1) and (3) and
1701.405(e), Occupations Code, are repealed.
SECTION 13. (a) Not later than December 1, 2011, the Texas
Commission on Law Enforcement Officer Standards and Education shall
adopt rules as necessary to implement the changes in law made by
this Act to Chapter 1701, Occupations Code.
(b) The changes in law made by this Act to Sections
1701.312, 1701.313, and 1701.405(b), Occupations Code, apply only
to a person first employed as a telecommunicator on or after
September 1, 2011. A person first employed as a telecommunicator
before September 1, 2011, is subject to the law in effect at the
time the employment commenced, and the former law is continued in
effect for that purpose.
SECTION 14. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3823 was passed by the House on April
26, 2011, by the following vote: Yeas 146, Nays 2, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3823 was passed by the Senate on May
24, 2011, by the following vote: Yeas 31, Nays 0
.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor