By: Thompson of Harris (Senate Sponsor - Carona) H.B. No. 1951
(In the Senate - Received from the House May 9, 2013;
May 13, 2013, read first time and referred to Committee on
Agriculture, Rural Affairs, and Homeland Security; May 20, 2013,
rereferred to Committee on Business and Commerce; May 21, 2013,
reported favorably by the following vote: Yeas 6, Nays 0;
May 21, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of telecommunicators;
providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. Sections 1701.251(a) and (c), Occupations Code,
are amended to read as follows:
(a) The commission shall establish and maintain training
programs for officers, [and] county jailers, and
telecommunicators. The training shall be conducted by the
commission staff or by other agencies and institutions the
commission considers appropriate.
(c) The commission may:
(1) issue or revoke the license of a school operated by
or for this state or a political subdivision of this state
specifically for training officers, county jailers, [or] recruits,
or telecommunicators;
(2) operate schools and conduct preparatory,
in-service, basic, and advanced courses in the schools, as the
commission determines appropriate, for officers, county jailers,
[and] recruits, and telecommunicators;
(3) issue a license to a person to act as a qualified
instructor under conditions that the commission prescribes; and
(4) consult and cooperate with a municipality, county,
special district, state agency or other governmental agency, or a
university, college, junior college, or other institution,
concerning the development of schools and training programs for
officers, [and] county jailers, and telecommunicators.
SECTION 3. Section 1701.301, Occupations Code, is amended
to read as follows:
Sec. 1701.301. LICENSE REQUIRED. Except as provided by
Sections 1701.310, [and] 1701.311, and 1701.405, a person may not
appoint or employ a person to serve as an officer, county jailer,
[or] public security officer, or telecommunicator unless the person
[appointed] holds an appropriate license issued by the commission.
SECTION 4. Section 1701.303, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) A person who appoints or employs a telecommunicator
licensed by the commission shall notify the commission not later
than the 30th day after the date of the appointment or employment.
If the person appoints or employs an individual who previously
served as a telecommunicator and the appointment or employment
occurs after the 180th day after the last date of service as a
telecommunicator, the person must have on file in a form readily
accessible to the commission:
(1) new criminal history record information; and
(2) two completed fingerprint cards.
SECTION 5. The heading to Section 1701.307, Occupations
Code, is amended to read as follows:
Sec. 1701.307. ISSUANCE OF OFFICER OR COUNTY JAILER
LICENSE.
SECTION 6. Section 1701.307(a), Occupations Code, is
amended to read as follows:
(a) The commission shall issue an appropriate officer or
county jailer license to a person who, as required by this chapter:
(1) submits an application;
(2) completes the required training;
(3) passes the required examination;
(4) is declared to be in satisfactory psychological
and emotional health and free from drug dependency or illegal drug
use; and
(5) demonstrates weapons proficiency.
SECTION 7. Subchapter G, Chapter 1701, Occupations Code, is
amended by adding Section 1701.3071 to read as follows:
Sec. 1701.3071. ISSUANCE OF TELECOMMUNICATOR LICENSE. (a)
The commission shall issue a telecommunicator license to a person
who:
(1) submits an application;
(2) completes the required training;
(3) passes the required examination; and
(4) meets any other requirement of this chapter and
the rules prescribed by the commission to qualify as a
telecommunicator.
(b) The commission may issue a temporary or permanent
license to a person to act as a telecommunicator.
SECTION 8. Section 1701.352, Occupations Code, is amended
by adding Subsection (i) to read as follows:
(i) A state agency, county, special district, or
municipality that appoints or employs a telecommunicator shall
provide training to the telecommunicator of not less than 20 hours
during each 24-month period of employment. The training must be
approved by the commission and consist of topics selected by the
commission and the employing entity.
SECTION 9. Section 1701.401(c), Occupations Code, is
amended to read as follows:
(c) The commission shall adopt rules for issuing
achievement awards to peace officers, reserve peace officers,
jailers, [or] custodial officers, or telecommunicators who are
licensed by the commission. The commission's rules shall require
recommendations from an elected official of this state or a
political subdivision, an administrator of a law enforcement
agency, or a person holding a license issued by the commission.
SECTION 10. Section 1701.405, Occupations Code, is amended
by amending Subsection (b) and adding Subsections (b-1) and (b-2)
to read as follows:
(b) This state or a political subdivision of this state may
not 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; and
(4) holds a license to act as a telecommunicator or
agrees to obtain the license not later than the first anniversary of
the date of employment.
(b-1) A person employed to act as a telecommunicator who has
not obtained a license to act as a telecommunicator under this
chapter may not continue to act as a telecommunicator after the
first anniversary of the date of employment unless the person
obtains the license.
(b-2) Notwithstanding this section, an officer is not
required to obtain a telecommunicator license to act as a
telecommunicator.
SECTION 11. Section 1701.551(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person appoints or
retains another person as an officer, [or] county jailer, or
telecommunicator in violation of Section 1701.301, 1701.303, [or]
1701.306, or 1701.405.
SECTION 12. (a) Not later than December 31, 2013, the
Commission on Law Enforcement Officer Standards and Education shall
adopt rules, standards, and procedures necessary to implement
Chapter 1701, Occupations Code, as amended by this Act, and
Subsection (b) of this section.
(b) Notwithstanding Chapter 1701, Occupations Code, as
amended by this Act, a person employed as a certified
telecommunicator on January 1, 2014, is exempt from the
requirements for an initial telecommunicator license under that
chapter, and the Commission on Law Enforcement Officer Standards
and Education shall issue a telecommunicator license to the person
on receipt of an application showing that the person was employed as
a certified telecommunicator on that date.
SECTION 13. (a) Except as provided by Subsection (b) of
this section, this Act takes effect January 1, 2014.
(b) Section 12 of this Act takes effect September 1, 2013.
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