Texas 2011 - 82nd Regular

Texas House Bill HB3823 Compare Versions

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1	1	By: Thompson (Senate Sponsor - Ellis) H.B. No. 3823
2	2	(In the Senate - Received from the House April 27, 2011;
3	3	May 4, 2011, read first time and referred to Committee on
4	4	Transportation and Homeland Security; May 20, 2011, reported
5	5	favorably by the following vote: Yeas 9, Nays 0; May 20, 2011, sent
6	6	to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the regulation of certain telecommunicators; providing
12	12	penalties.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 1701.001, Occupations Code, is amended
15	15	by adding Subdivision (7) to read as follows:
16	16	(7) "Telecommunicator" means a person acknowledged by
17	17	the commission and employed by or serving a law enforcement agency
18	18	that performs law enforcement services on a 24-hour basis who
19	19	receives, processes, and transmits public safety information and
20	20	criminal justice data for the agency by using a base radio station
21	21	on a public safety frequency regulated by the Federal
22	22	Communications Commission or by another method of communication.
23	23	SECTION 2. Section 1701.003(c), Occupations Code, is
24	24	amended to read as follows:
25	25	(c) This chapter does not prevent an employing agency from
26	26	establishing qualifications and standards for hiring or training
27	27	officers, [and] county jailers, or telecommunicators that exceed
28	28	the commission's minimum standards.
29	29	SECTION 3. Section 1701.151, Occupations Code, is amended
30	30	to read as follows:
31	31	Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING
32	32	AUTHORITY. The commission may:
33	33	(1) adopt rules for the administration of this chapter
34	34	and for the commission's internal management and control;
35	35	(2) establish minimum standards relating to
36	36	competence and reliability, including education, training,
37	37	physical, mental, and moral standards, for licensing as an officer,
38	38	county jailer, or public security officer or employment as a
39	39	telecommunicator;
40	40	(3) report to the governor and legislature on the
41	41	commission's activities, with recommendations on matters under the
42	42	commission's jurisdiction, and make other reports that the
43	43	commission considers desirable;
44	44	(4) require a state agency or a county, special
45	45	district, or municipality in this state that employs officers,
46	46	telecommunicators, or county jailers to submit reports and
47	47	information;
48	48	(5) contract as the commission considers necessary for
49	49	services, facilities, studies, and reports required for:
50	50	(A) cooperation with municipal, county, special
51	51	district, state, and federal law enforcement agencies in training
52	52	programs; and
53	53	(B) performance of the commission's other
54	54	functions; and
55	55	(6) conduct research and stimulate research by public
56	56	and private agencies to improve law enforcement and police
57	57	administration.
58	58	SECTION 4. Section 1701.153(a), Occupations Code, is
59	59	amended to read as follows:
60	60	(a) The commission shall establish reporting standards and
61	61	procedures for:
62	62	(1) the appointment or employment and the termination
63	63	of officers, [and] county jailers, and telecommunicators by law
64	64	enforcement agencies;
65	65	(2) the activities of licensed training schools; and
66	66	(3) other matters the commission considers necessary
67	67	for the administration of this chapter.
68	68	SECTION 5. Sections 1701.254(a) and (b), Occupations Code,
69	69	are amended to read as follows:
70	70	(a) The commission may visit and inspect a school conducting
71	71	a training course for officers, county jailers, telecommunicators,
72	72	or recruits and make necessary evaluations to determine if the
73	73	school complies with this chapter and commission rules.
74	74	(b) The commission shall develop a risk assessment method to
75	75	determine the relative performance of schools conducting training
76	76	courses for officers, county jailers, telecommunicators, or
77	77	recruits. The commission shall base its schedule for inspection of
78	78	schools on the results of the risk assessment.
79	79	SECTION 6. Section 1701.312(a), Occupations Code, is
80	80	amended to read as follows:
81	81	(a) A person who has been convicted of a felony is
82	82	disqualified to be an officer, public security officer,
83	83	telecommunicator, or county jailer, and the commission may not
84	84	issue a license to, and a law enforcement agency may not appoint or
85	85	employ, the person.
86	86	SECTION 7. Section 1701.313(a), Occupations Code, is
87	87	amended to read as follows:
88	88	(a) A person who has been convicted of barratry under
89	89	Section 38.12, Penal Code, is disqualified to be an officer,
90	90	telecommunicator, or county jailer, and the commission may not
91	91	issue a license to the person.
92	92	SECTION 8. Section 1701.352, Occupations Code, is amended
93	93	by adding Subsection (h) to read as follows:
94	94	(h) The commission shall require a state, county, special
95	95	district, or municipal agency that employs telecommunicators to
96	96	provide each telecommunicator with 24 hours of crisis
97	97	communications instruction approved by the commission. The
98	98	instruction must be provided on or before the first anniversary of
99	99	the telecommunicator's first day of employment.
100	100	SECTION 9. Section 1701.402(b), Occupations Code, is
101	101	amended to read as follows:
102	102	(b) As a requirement for a basic proficiency certificate,
103	103	the commission shall require completion of local courses or
104	104	programs of instruction on federal and state statutes that relate
105	105	to employment issues affecting peace officers, telecommunicators,
106	106	and county jailers, including:
107	107	(1) civil service;
108	108	(2) compensation, including overtime compensation,
109	109	and vacation time;
110	110	(3) personnel files and other employee records;
111	111	(4) management-employee relations in law enforcement
112	112	organizations;
113	113	(5) work-related injuries;
114	114	(6) complaints and investigations of employee
115	115	misconduct; and
116	116	(7) disciplinary actions and the appeal of
117	117	disciplinary actions.
118	118	SECTION 10. Section 1701.405(b), Occupations Code, is
119	119	amended to read as follows:
120	120	(b) This state or a political subdivision of this state may
121	121	not [appoint or] employ a person to act as a telecommunicator unless
122	122	the person:
123	123	(1) has had at least 40 hours of telecommunicator
124	124	training as determined by the commission;
125	125	(2) is at least 18 years of age; and
126	126	(3) holds a high school diploma or high school
127	127	equivalency certificate.
128	128	SECTION 11. Section 1701.553(a), Occupations Code, is
129	129	amended to read as follows:
130	130	(a) A person commits an offense if the person appoints,
131	131	employs, or retains an individual as an officer, public security
132	132	officer, telecommunicator, or county jailer in violation of Section
133	133	1701.312 or 1701.313.
134	134	SECTION 12. Sections 1701.405(a)(1) and (3) and
135	135	1701.405(e), Occupations Code, are repealed.
136	136	SECTION 13. (a) Not later than December 1, 2011, the Texas
137	137	Commission on Law Enforcement Officer Standards and Education shall
138	138	adopt rules as necessary to implement the changes in law made by
139	139	this Act to Chapter 1701, Occupations Code.
140	140	(b) The changes in law made by this Act to Sections
141	141	1701.312, 1701.313, and 1701.405(b), Occupations Code, apply only
142	142	to a person first employed as a telecommunicator on or after
143	143	September 1, 2011. A person first employed as a telecommunicator
144	144	before September 1, 2011, is subject to the law in effect at the
145	145	time the employment commenced, and the former law is continued in
146	146	effect for that purpose.
147	147	SECTION 14. This Act takes effect September 1, 2011.
148	148	* * * * *