Texas 2013 - 83rd Regular

Texas Senate Bill SB686 Compare Versions

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1	1	By: Huffman, et al. S.B. No. 686
2	2	(Villalba)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the change of the name of the Commission on Law
8	8	Enforcement Officer Standards and Education to the Texas Commission
9	9	on Law Enforcement.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. CHANGING THE NAME OF THE COMMISSION ON LAW ENFORCEMENT
12	12	OFFICER STANDARDS AND EDUCATION TO THE TEXAS COMMISSION ON LAW
13	13	ENFORCEMENT
14	14	SECTION 1.01. Subdivision (1), Section 1701.001,
15	15	Occupations Code, is amended to read as follows:
16	16	(1) "Commission" means the Texas Commission on Law
17	17	Enforcement [Officer Standards and Education].
18	18	SECTION 1.02. Section 1701.002, Occupations Code, is
19	19	amended to read as follows:
20	20	Sec. 1701.002. APPLICATION OF SUNSET ACT. The Texas
21	21	Commission on Law Enforcement [Officer Standards and Education] is
22	22	subject to Chapter 325, Government Code (Texas Sunset Act). Unless
23	23	continued in existence as provided by that chapter, the commission
24	24	is abolished and this chapter expires September 1, 2021.
25	25	SECTION 1.03. Subchapter A, Chapter 1701, Occupations Code,
26	26	is amended by adding Section 1701.004 to read as follows:
27	27	Sec. 1701.004. REFERENCE TO COMMISSION ON LAW ENFORCEMENT
28	28	OFFICER STANDARDS AND EDUCATION. A reference in law to the
29	29	Commission on Law Enforcement Officer Standards and Education or
30	30	the Texas Commission on Law Enforcement Officer Standards and
31	31	Education means the Texas Commission on Law Enforcement.
32	32	SECTION 1.04. The heading to Subchapter B, Chapter 1701,
33	33	Occupations Code, is amended to read as follows:
34	34	SUBCHAPTER B. TEXAS COMMISSION ON LAW ENFORCEMENT [OFFICER
35	35	STANDARDS AND EDUCATION]
36	36	SECTION 1.05. Subsection (a), Section 1701.051,
37	37	Occupations Code, is amended to read as follows:
38	38	(a) The Texas Commission on Law Enforcement [Officer
39	39	Standards and Education] is an agency of this state and consists of
40	40	nine members appointed by the governor with the advice and consent
41	41	of the senate as follows:
42	42	(1) three members who are sheriffs, constables, or
43	43	chiefs of police;
44	44	(2) three members who:
45	45	(A) are licensed under this chapter, two of whom
46	46	are peace officers who, at the time of appointment, hold
47	47	nonsupervisory positions with a law enforcement agency; and
48	48	(B) have been licensed under this chapter for the
49	49	five years preceding the date of appointment; and
50	50	(3) three members who represent the public.
51	51	ARTICLE 2. CONFORMING AMENDMENTS
52	52	SECTION 2.01. Article 2.12, Code of Criminal Procedure, is
53	53	amended to read as follows:
54	54	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
55	55	officers:
56	56	(1) sheriffs, their deputies, and those reserve
57	57	deputies who hold a permanent peace officer license issued under
58	58	Chapter 1701, Occupations Code;
59	59	(2) constables, deputy constables, and those reserve
60	60	deputy constables who hold a permanent peace officer license issued
61	61	under Chapter 1701, Occupations Code;
62	62	(3) marshals or police officers of an incorporated
63	63	city, town, or village, and those reserve municipal police officers
64	64	who hold a permanent peace officer license issued under Chapter
65	65	1701, Occupations Code;
66	66	(4) rangers and officers commissioned by the Public
67	67	Safety Commission and the Director of the Department of Public
68	68	Safety;
69	69	(5) investigators of the district attorneys', criminal
70	70	district attorneys', and county attorneys' offices;
71	71	(6) law enforcement agents of the Texas Alcoholic
72	72	Beverage Commission;
73	73	(7) each member of an arson investigating unit
74	74	commissioned by a city, a county, or the state;
75	75	(8) officers commissioned under Section 37.081,
76	76	Education Code, or Subchapter E, Chapter 51, Education Code;
77	77	(9) officers commissioned by the General Services
78	78	Commission;
79	79	(10) law enforcement officers commissioned by the
80	80	Parks and Wildlife Commission;
81	81	(11) airport police officers commissioned by a city
82	82	with a population of more than 1.18 million located primarily in a
83	83	county with a population of 2 million or more that operates an
84	84	airport that serves commercial air carriers;
85	85	(12) airport security personnel commissioned as peace
86	86	officers by the governing body of any political subdivision of this
87	87	state, other than a city described by Subdivision (11), that
88	88	operates an airport that serves commercial air carriers;
89	89	(13) municipal park and recreational patrolmen and
90	90	security officers;
91	91	(14) security officers and investigators commissioned
92	92	as peace officers by the comptroller;
93	93	(15) officers commissioned by a water control and
94	94	improvement district under Section 49.216, Water Code;
95	95	(16) officers commissioned by a board of trustees
96	96	under Chapter 54, Transportation Code;
97	97	(17) investigators commissioned by the Texas Medical
98	98	Board;
99	99	(18) officers commissioned by:
100	100	(A) the board of managers of the Dallas County
101	101	Hospital District, the Tarrant County Hospital District, the Bexar
102	102	County Hospital District, or the El Paso County Hospital District
103	103	under Section 281.057, Health and Safety Code; and
104	104	(B) the board of directors of the Ector County
105	105	Hospital District under Section 1024.117, Special District Local
106	106	Laws Code;
107	107	(19) county park rangers commissioned under
108	108	Subchapter E, Chapter 351, Local Government Code;
109	109	(20) investigators employed by the Texas Racing
110	110	Commission;
111	111	(21) officers commissioned under Chapter 554,
112	112	Occupations Code;
113	113	(22) officers commissioned by the governing body of a
114	114	metropolitan rapid transit authority under Section 451.108,
115	115	Transportation Code, or by a regional transportation authority
116	116	under Section 452.110, Transportation Code;
117	117	(23) investigators commissioned by the attorney
118	118	general under Section 402.009, Government Code;
119	119	(24) security officers and investigators commissioned
120	120	as peace officers under Chapter 466, Government Code;
121	121	(25) an officer employed by the Department of State
122	122	Health Services under Section 431.2471, Health and Safety Code;
123	123	(26) officers appointed by an appellate court under
124	124	Subchapter F, Chapter 53, Government Code;
125	125	(27) officers commissioned by the state fire marshal
126	126	under Chapter 417, Government Code;
127	127	(28) an investigator commissioned by the commissioner
128	128	of insurance under Section 701.104, Insurance Code;
129	129	(29) apprehension specialists and inspectors general
130	130	commissioned by the Texas Juvenile Justice Department as officers
131	131	under Sections 242.102 and 243.052, Human Resources Code;
132	132	(30) officers appointed by the inspector general of
133	133	the Texas Department of Criminal Justice under Section 493.019,
134	134	Government Code;
135	135	(31) investigators commissioned by the Texas
136	136	Commission on Law Enforcement [Officer Standards and Education]
137	137	under Section 1701.160, Occupations Code;
138	138	(32) commission investigators commissioned by the
139	139	Texas Private Security Board under Section 1702.061(f),
140	140	Occupations Code;
141	141	(33) the fire marshal and any officers, inspectors, or
142	142	investigators commissioned by an emergency services district under
143	143	Chapter 775, Health and Safety Code;
144	144	(34) officers commissioned by the State Board of
145	145	Dental Examiners under Section 254.013, Occupations Code, subject
146	146	to the limitations imposed by that section;
147	147	(35) investigators commissioned by the Texas Juvenile
148	148	Justice Department as officers under Section 221.011, Human
149	149	Resources Code; and
150	150	(36) the fire marshal and any related officers,
151	151	inspectors, or investigators commissioned by a county under
152	152	Subchapter B, Chapter 352, Local Government Code.
153	153	SECTION 2.02. Subsection (e), Article 2.121, Code of
154	154	Criminal Procedure, is amended to read as follows:
155	155	(e) A person may not serve as a railroad peace officer for a
156	156	railroad company unless:
157	157	(1) the Texas Railroad Association submits the
158	158	person's application for appointment and certification as a
159	159	railroad peace officer to the director of the Department of Public
160	160	Safety and to the executive director of the Texas Commission on Law
161	161	Enforcement [Officer Standards and Education];
162	162	(2) the director of the department issues the person a
163	163	certificate of authority to act as a railroad peace officer; and
164	164	(3) the executive director of the commission
165	165	determines that the person meets minimum standards required of
166	166	peace officers by the commission relating to competence,
167	167	reliability, education, training, morality, and physical and
168	168	mental health and issues the person a license as a railroad peace
169	169	officer; and
170	170	(4) the person has met all standards for certification
171	171	as a peace officer by the Texas Commission on Law Enforcement
172	172	[Officer Standards and Education].
173	173	SECTION 2.03. Subsection (e), Article 2.125, Code of
174	174	Criminal Procedure, is amended to read as follows:
175	175	(e) A person may not serve as a special ranger unless:
176	176	(1) the Texas and Southwestern Cattle Raisers
177	177	Association submits the person's application for appointment and
178	178	certification as a special ranger to the director of the Department
179	179	of Public Safety and to the executive director of the Texas
180	180	Commission on Law Enforcement [Officer Standards and Education];
181	181	(2) the director of the department issues the person a
182	182	certificate of authority to act as a special ranger;
183	183	(3) the executive director of the commission
184	184	determines that the person meets minimum standards required of
185	185	peace officers by the commission relating to competence,
186	186	reliability, education, training, morality, and physical and
187	187	mental health and issues the person a license as a special ranger;
188	188	and
189	189	(4) the person has met all standards for certification
190	190	as a peace officer by the Texas Commission on Law Enforcement
191	191	[Officer Standards and Education].
192	192	SECTION 2.04. Subsection (e), Article 2.126, Code of
193	193	Criminal Procedure, is amended to read as follows:
194	194	(e) Any person commissioned under this article must:
195	195	(1) meet the minimum standards required of peace
196	196	officers by the commission relating to competence, reliability,
197	197	education, training, morality, and physical and mental health; and
198	198	(2) meet all standards for certification as a peace
199	199	officer by the Texas Commission on Law Enforcement [Officer
200	200	Standards and Education].
201	201	SECTION 2.05. Subsections (b) and (g), Article 2.132, Code
202	202	of Criminal Procedure, are amended to read as follows:
203	203	(b) Each law enforcement agency in this state shall adopt a
204	204	detailed written policy on racial profiling. The policy must:
205	205	(1) clearly define acts constituting racial
206	206	profiling;
207	207	(2) strictly prohibit peace officers employed by the
208	208	agency from engaging in racial profiling;
209	209	(3) implement a process by which an individual may
210	210	file a complaint with the agency if the individual believes that a
211	211	peace officer employed by the agency has engaged in racial
212	212	profiling with respect to the individual;
213	213	(4) provide public education relating to the agency's
214	214	complaint process;
215	215	(5) require appropriate corrective action to be taken
216	216	against a peace officer employed by the agency who, after an
217	217	investigation, is shown to have engaged in racial profiling in
218	218	violation of the agency's policy adopted under this article;
219	219	(6) require collection of information relating to
220	220	motor vehicle stops in which a citation is issued and to arrests
221	221	made as a result of those stops, including information relating to:
222	222	(A) the race or ethnicity of the individual
223	223	detained;
224	224	(B) whether a search was conducted and, if so,
225	225	whether the individual detained consented to the search; and
226	226	(C) whether the peace officer knew the race or
227	227	ethnicity of the individual detained before detaining that
228	228	individual; and
229	229	(7) require the chief administrator of the agency,
230	230	regardless of whether the administrator is elected, employed, or
231	231	appointed, to submit an annual report of the information collected
232	232	under Subdivision (6) to:
233	233	(A) the Texas Commission on Law Enforcement
234	234	[Officer Standards and Education]; and
235	235	(B) the governing body of each county or
236	236	municipality served by the agency, if the agency is an agency of a
237	237	county, municipality, or other political subdivision of the state.
238	238	(g) On a finding by the Texas Commission on Law Enforcement
239	239	[Officer Standards and Education] that the chief administrator of a
240	240	law enforcement agency intentionally failed to submit a report
241	241	required under Subsection (b)(7), the commission shall begin
242	242	disciplinary procedures against the chief administrator.
243	243	SECTION 2.06. Subsections (b), (e), and (g), Article 2.134,
244	244	Code of Criminal Procedure, are amended to read as follows:
245	245	(b) A law enforcement agency shall compile and analyze the
246	246	information contained in each report received by the agency under
247	247	Article 2.133. Not later than March 1 of each year, each law
248	248	enforcement agency shall submit a report containing the
249	249	incident-based data compiled during the previous calendar year to
250	250	the Texas Commission on Law Enforcement [Officer Standards and
251	251	Education] and, if the law enforcement agency is a local law
252	252	enforcement agency, to the governing body of each county or
253	253	municipality served by the agency.
254	254	(e) The Texas Commission on Law Enforcement [Officer
255	255	Standards and Education], in accordance with Section 1701.162,
256	256	Occupations Code, shall develop guidelines for compiling and
257	257	reporting information as required by this article.
258	258	(g) On a finding by the Texas Commission on Law Enforcement
259	259	[Officer Standards and Education] that the chief administrator of a
260	260	law enforcement agency intentionally failed to submit a report
261	261	required under Subsection (b), the commission shall begin
262	262	disciplinary procedures against the chief administrator.
263	263	SECTION 2.07. Subsection (m), Article 15.27, Code of
264	264	Criminal Procedure, is amended to read as follows:
265	265	(m) If the superintendent of a school district in which the
266	266	student is enrolled learns of a failure of the head of a law
267	267	enforcement agency or a person designated by the head of the agency
268	268	to provide a notification under Subsection (a), the superintendent
269	269	or principal shall report the failure to notify to the Texas
270	270	Commission on Law Enforcement [Officer Standards and Education].
271	271	SECTION 2.08. Subdivision (23), Section 1, Article 18.20,
272	272	Code of Criminal Procedure, is amended to read as follows:
273	273	(23) "Member of a law enforcement unit specially
274	274	trained to respond to and deal with life-threatening situations"
275	275	means a peace officer who, as evidenced by the submission of
276	276	appropriate documentation to the Texas Commission on Law
277	277	Enforcement [Officer Standards and Education]:
278	278	(A) receives a minimum of 40 hours a year of
279	279	training in hostage and barricade suspect situations; or
280	280	(B) has received a minimum of 24 hours of
281	281	training on kidnapping investigations and is:
282	282	(i) the sheriff of a county with a
283	283	population of 3.3 million or more or the sheriff's designee; or
284	284	(ii) the police chief of a police
285	285	department in a municipality with a population of 500,000 or more or
286	286	the police chief's designee.
287	287	SECTION 2.09. Article 42.011, Code of Criminal Procedure,
288	288	is amended to read as follows:
289	289	Art. 42.011. JUDGMENT AFFECTING AN OFFICER OR JAILER. If a
290	290	person licensed under Chapter 1701, Occupations [415, Government]
291	291	Code, is charged with the commission of a felony and a court that
292	292	knows the person is licensed under that chapter convicts the person
293	293	or places the person on community supervision, the clerk of the
294	294	court shall send the Texas Commission on Law Enforcement [Officer
295	295	Standards and Education], by mail or electronically, the license
296	296	number of the person and a certified copy of the court's judgment
297	297	reflecting that the person has been convicted or placed on
298	298	community supervision.
299	299	SECTION 2.10. Subsection (h), Article 102.022, Code of
300	300	Criminal Procedure, is amended to read as follows:
301	301	(h) The comptroller shall deposit the funds received under
302	302	this article to the credit of the Civil Justice Data Repository fund
303	303	in the general revenue fund, to be used only by the Texas Commission
304	304	on Law Enforcement [Officer Standards and Education] to implement
305	305	duties under Section 1701.162, Occupations Code.
306	306	SECTION 2.11. Subsections (f) and (h), Section 37.081,
307	307	Education Code, are amended to read as follows:
308	308	(f) The chief of police of the school district police
309	309	department shall be accountable to the superintendent and shall
310	310	report to the superintendent or the superintendent's designee.
311	311	School district police officers shall be supervised by the chief of
312	312	police of the school district or the chief of police's designee and
313	313	shall be licensed by the Texas Commission on Law Enforcement
314	314	[Officer Standards and Education].
315	315	(h) A peace officer assigned to duty and commissioned under
316	316	this section shall take and file the oath required of peace officers
317	317	and shall execute and file a bond in the sum of $1,000, payable to
318	318	the board of trustees, with two or more sureties, conditioned that
319	319	the peace officer will fairly, impartially, and faithfully perform
320	320	all the duties that may be required of the peace officer by law. The
321	321	bond may be sued on in the name of any person injured until the whole
322	322	amount of the bond is recovered. Any peace officer commissioned
323	323	under this section must meet all minimum standards for peace
324	324	officers established by the Texas Commission on Law Enforcement
325	325	[Officer Standards and Education].
326	326	SECTION 2.12. Subsection (e), Section 51.203, Education
327	327	Code, is amended to read as follows:
328	328	(e) Any person commissioned under this Act must be a
329	329	certified police officer under the requirements of the Texas
330	330	Commission on Law Enforcement [Officers and Standards].
331	331	SECTION 2.13. Subsection (f), Section 51.214, Education
332	332	Code, is amended to read as follows:
333	333	(f) A person may not be commissioned under this section
334	334	unless the person obtains a peace officer license issued by the
335	335	Texas Commission on Law Enforcement [Officer Standards and
336	336	Education]. The employing medical corporation or parent
337	337	corporation shall pay to the Texas Commission on Law Enforcement
338	338	[Officer Standards and Education] on behalf of an employee any fees
339	339	that are necessary to obtain a required license.
340	340	SECTION 2.14. Subsection (g), Section 54.352, Education
341	341	Code, is amended to read as follows:
342	342	(g) In this section, "injury suffered during the
343	343	performance of a duty as a peace officer" means an injury occurring
344	344	as a result of the peace officer's performance of any of the
345	345	following law enforcement duties:
346	346	(1) traffic enforcement or traffic control duties,
347	347	including enforcement of traffic laws, investigation of vehicle
348	348	accidents, or directing traffic;
349	349	(2) pursuit, arrest, or search of a person reasonably
350	350	believed to have violated a law;
351	351	(3) investigation, including undercover
352	352	investigation, of a criminal act;
353	353	(4) patrol duties, including automobile, bicycle,
354	354	foot, air, or horse patrol;
355	355	(5) duties related to the transfer of prisoners; or
356	356	(6) training duties, including participation in any
357	357	training required by the officer's employer or supervisor or by the
358	358	Texas Commission on Law Enforcement [Officer Standards and
359	359	Education].
360	360	SECTION 2.15. Section 88.103, Education Code, is amended to
361	361	read as follows:
362	362	Sec. 88.103. ENFORCEMENT; APPOINTMENT OF PEACE OFFICERS.
363	363	The director may appoint not to exceed 25 employees of the Texas
364	364	Forest Service who are certified by the Texas Commission on Law
365	365	Enforcement [Officer Standards and Education] as qualified to be
366	366	peace officers to serve as peace officers under the direction of the
367	367	director in executing the enforcement duties of that agency. The
368	368	appointments must be approved by the board which shall commission
369	369	the appointees as peace officers. Any officer commissioned under
370	370	this section is vested with all the powers, privileges, and
371	371	immunities of peace officers in the performance of the officer's
372	372	duties. The officer shall take the oath required of peace officers.
373	373	SECTION 2.16. Subsections (a), (b), and (d), Section
374	374	96.641, Education Code, are amended to read as follows:
375	375	(a) The Bill Blackwood Law Enforcement Management Institute
376	376	of Texas shall establish and offer a program of initial training and
377	377	a program of continuing education for police chiefs. The
378	378	curriculum for each program must relate to law enforcement
379	379	management issues. The institute shall develop the curriculum for
380	380	the programs. The curriculum must be approved by the Texas
381	381	Commission on Law Enforcement [Officer Standards and Education].
382	382	(b) Each police chief must receive at least 40 hours of
383	383	continuing education provided by the institute under this section
384	384	each 24-month period. The Texas Commission on Law Enforcement
385	385	[Officer Standards and Education] by rule shall establish a uniform
386	386	24-month continuing education training period.
387	387	(d) A newly appointed or elected police chief shall complete
388	388	the initial training program for new chiefs not later than the
389	389	second anniversary of that individual's appointment or election as
390	390	chief. The initial training program for new chiefs is in addition
391	391	to the initial training and continuing education required by
392	392	Chapter 1701, Occupations Code. The Texas Commission on Law
393	393	Enforcement [Officer Standards and Education] by rule shall
394	394	establish that the first continuing education training period for
395	395	an individual under Subsection (b) begins on the first day of the
396	396	first uniform continuing education training period that follows the
397	397	date the individual completed the initial training program.
398	398	SECTION 2.17. Subsection (f), Section 32.075, Election
399	399	Code, is amended to read as follows:
400	400	(f) A person is eligible for appointment as a special peace
401	401	officer under Subsection (b) only if the person is licensed as a
402	402	peace officer by the Texas Commission on Law Enforcement [Officer
403	403	Standards and Education].
404	404	SECTION 2.18. Subsection (j), Section 25.1312, Government
405	405	Code, is amended to read as follows:
406	406	(j) Not later than one year after the date of appointment,
407	407	the bailiff of a statutory county court must have received a peace
408	408	officer license under Chapter 1701, Occupations Code, [415] from
409	409	the Texas Commission on Law Enforcement [Officer Standards and
410	410	Education]. The sheriff of Kaufman County shall deputize the
411	411	bailiff of a statutory county court. The bailiff of a statutory
412	412	county court is subject to the training and continuing education
413	413	requirements of a sheriff's deputy of the county. The sheriff shall
414	414	remove from office a bailiff who does not receive a peace officer
415	415	license within one year of appointment as required by this
416	416	subsection.
417	417	SECTION 2.19. Subsection (j), Section 25.2012, Government
418	418	Code, is amended to read as follows:
419	419	(j) Not later than one year after the date of appointment,
420	420	the bailiff of a county court at law must obtain a peace officer
421	421	license under Chapter 1701, Occupations Code, from the Texas
422	422	Commission on Law Enforcement [Officer Standards and Education].
423	423	The sheriff of Rockwall County shall deputize the bailiff of a
424	424	county court at law. The bailiff of a county court at law is subject
425	425	to the training and continuing education requirements of a
426	426	sheriff's deputy of the county. The sheriff shall remove from
427	427	office a bailiff who does not receive a peace officer license within
428	428	one year of appointment as required by this subsection.
429	429	SECTION 2.20. Subsection (e), Section 53.004, Government
430	430	Code, as amended by Chapters 385 (H.B. 1252) and 430 (H.B. 1108),
431	431	Acts of the 73rd Legislature, Regular Session, 1993, is reenacted
432	432	and amended to read as follows:
433	433	(e) To be eligible to be appointed bailiff in a district
434	434	court in Midland County, for the 355th District Court, or under
435	435	Section 53.001(g), a person must be at least 21 years old and hold a
436	436	peace officer license under Chapter 1701, Occupations Code, [415]
437	437	from the Texas Commission on Law Enforcement [Officer Standards and
438	438	Education]. This subsection does not apply to a person serving as
439	439	bailiff of a court described by Section 53.001(g) on September 1,
440	440	1991.
441	441	SECTION 2.21. Subsection (c), Section 53.091, Government
442	442	Code, is amended to read as follows:
443	443	(c) A person may not be commissioned as a peace officer
444	444	under this section unless the person meets all standards for
445	445	licensing as a peace officer by the Texas Commission on Law
446	446	Enforcement [Officer Standards and Education].
447	447	SECTION 2.22. Section 76.0051, Government Code, is amended
448	448	to read as follows:
449	449	Sec. 76.0051. AUTHORIZATION TO CARRY WEAPON. An officer is
450	450	authorized to carry a weapon while engaged in the actual discharge
451	451	of the officer's duties only if:
452	452	(1) the officer possesses a certificate of firearms
453	453	proficiency issued by the Texas Commission on Law Enforcement
454	454	[Officer Standards and Education] under Section 1701.257,
455	455	Occupations Code; and
456	456	(2) the director of the department agrees to the
457	457	authorization.
458	458	SECTION 2.23. Section 411.112, Government Code, is amended
459	459	to read as follows:
460	460	Sec. 411.112. ACCESS TO CRIMINAL HISTORY RECORD
461	461	INFORMATION: TEXAS COMMISSION ON LAW ENFORCEMENT [OFFICER
462	462	STANDARDS AND EDUCATION]. The Texas Commission on Law Enforcement
463	463	[Officer Standards and Education] is entitled to obtain from the
464	464	department criminal history record information maintained by the
465	465	department that relates to a person who is:
466	466	(1) an applicant for a license under Chapter 1701,
467	467	Occupations Code; or
468	468	(2) the holder of a license under that chapter.
469	469	SECTION 2.24. Subsection (a), Section 411.1882, Government
470	470	Code, is amended to read as follows:
471	471	(a) A person who is serving in this state as a judge or
472	472	justice of a federal court, as an active judicial officer, as
473	473	defined by Section 411.201, or as a district attorney, assistant
474	474	district attorney, criminal district attorney, assistant criminal
475	475	district attorney, county attorney, or assistant county attorney
476	476	may establish handgun proficiency for the purposes of this
477	477	subchapter by obtaining from a handgun proficiency instructor
478	478	approved by the Texas Commission on Law Enforcement [Officer
479	479	Standards and Education] for purposes of Section 1702.1675,
480	480	Occupations Code, a sworn statement that:
481	481	(1) indicates that the person, during the 12-month
482	482	period preceding the date of the person's application to the
483	483	department, demonstrated to the instructor proficiency in the use
484	484	of handguns; and
485	485	(2) designates the categories of handguns with respect
486	486	to which the person demonstrated proficiency.
487	487	SECTION 2.25. Subsection (a), Section 411.190, Government
488	488	Code, is amended to read as follows:
489	489	(a) The director may certify as a qualified handgun
490	490	instructor a person who:
491	491	(1) is certified by the Texas Commission on Law
492	492	Enforcement [Officer Standards and Education] or under Chapter
493	493	1702, Occupations Code, to instruct others in the use of handguns;
494	494	(2) regularly instructs others in the use of handguns
495	495	and has graduated from a handgun instructor school that uses a
496	496	nationally accepted course designed to train persons as handgun
497	497	instructors; or
498	498	(3) is certified by the National Rifle Association of
499	499	America as a handgun instructor.
500	500	SECTION 2.26. Subsection (a), Section 421.021, Government
501	501	Code, is amended to read as follows:
502	502	(a) The Homeland Security Council is composed of the
503	503	governor or the governor's designee, the speaker of the house of
504	504	representatives or the speaker's designee, the lieutenant governor
505	505	or the lieutenant governor's designee, and one representative of
506	506	each of the following entities, appointed by the single statewide
507	507	elected or appointed governing officer, administrative head, or
508	508	chair, as appropriate, of the entity:
509	509	(1) Department of Agriculture;
510	510	(2) office of the attorney general;
511	511	(3) General Land Office;
512	512	(4) Public Utility Commission of Texas;
513	513	(5) Department of State Health Services;
514	514	(6) Department of Information Resources;
515	515	(7) Department of Public Safety of the State of Texas;
516	516	(8) Texas Division of Emergency Management;
517	517	(9) adjutant general's department;
518	518	(10) Texas Commission on Environmental Quality;
519	519	(11) Railroad Commission of Texas;
520	520	(12) Texas Strategic Military Planning Commission;
521	521	(13) Texas Department of Transportation;
522	522	(14) Commission on State Emergency Communications;
523	523	(15) Office of State-Federal Relations;
524	524	(16) secretary of state;
525	525	(17) Senate Committee on Agriculture, Rural Affairs
526	526	[Transportation] and Homeland Security;
527	527	(18) House Committee on Defense and Veterans' Affairs;
528	528	(19) Texas Animal Health Commission;
529	529	(20) Texas Association of Regional Councils;
530	530	(21) Texas Commission on Law Enforcement [Officer
531	531	Standards and Education];
532	532	(22) state fire marshal's office;
533	533	(23) Texas Education Agency;
534	534	(24) Texas Commission on Fire Protection;
535	535	(25) Parks and Wildlife Department;
536	536	(26) Texas Forest Service; and
537	537	(27) Texas Water Development Board.
538	538	SECTION 2.27. Section 493.019, Government Code, is amended
539	539	to read as follows:
540	540	Sec. 493.019. ENFORCEMENT OFFICERS. The inspector general
541	541	may appoint employees who are certified by the Texas Commission on
542	542	Law Enforcement [Officer Standards and Education] as qualified to
543	543	be peace officers to serve under the direction of the inspector
544	544	general and assist the inspector general in performing the
545	545	enforcement duties of the department.
546	546	SECTION 2.28. Subsection (d), Section 494.008, Government
547	547	Code, is amended to read as follows:
548	548	(d) An employee described by Subsection (a) may not be
549	549	considered a peace officer for any purposes other than those
550	550	specified under this section and is not required to be certified by
551	551	the Texas Commission on Law Enforcement [Officer Standards and
552	552	Education].
553	553	SECTION 2.29. Section 497.031, Government Code, is amended
554	554	to read as follows:
555	555	Sec. 497.031. SALE OF STATE FLAGS TO STATE AGENCY. The
556	556	department shall sell state flags to the Texas Commission on Law
557	557	Enforcement [Officer Standards and Education] at a price that does
558	558	not exceed the department's cost in producing or obtaining the
559	559	state flags.
560	560	SECTION 2.30. Subsections (f) and (i), Section 511.0092,
561	561	Government Code, are amended to read as follows:
562	562	(f) A county, municipality, or private vendor operating
563	563	under a contract described by Subsection (b) shall:
564	564	(1) send a copy of the contract to the commission;
565	565	(2) require all employees at the facility to maintain
566	566	certification as required by the Texas Commission on Law
567	567	Enforcement [Officer Standards and Education];
568	568	(3) submit to inspections by the commission; and
569	569	(4) immediately notify the commission of any riot,
570	570	rebellion, escape, or other emergency situation occurring at the
571	571	facility.
572	572	(i) Chapter 1702, Occupations Code, does not apply to an
573	573	employee of a facility in the actual discharge of duties as an
574	574	employee of the facility if the employee is required by Subsection
575	575	(f)(2) [or by Section 1701.406, Occupations Code,] to maintain
576	576	certification from the Texas Commission on Law Enforcement [Officer
577	577	Standards and Education].
578	578	SECTION 2.31. Section 615.003, Government Code, is amended
579	579	to read as follows:
580	580	Sec. 615.003. APPLICABILITY. This chapter applies only to
581	581	eligible survivors of the following individuals:
582	582	(1) an individual elected, appointed, or employed as a
583	583	peace officer by the state or a political subdivision of the state
584	584	under Article 2.12, Code of Criminal Procedure, or other law;
585	585	(2) a paid probation officer appointed by the director
586	586	of a community supervision and corrections department who has the
587	587	duties set out in Section 76.002 and the qualifications set out in
588	588	Section 76.005, or who was appointed in accordance with prior law;
589	589	(3) a parole officer employed by the Texas Department
590	590	of Criminal Justice who has the duties set out in Section 508.001
591	591	and the qualifications set out in Section 508.113 or in prior law;
592	592	(4) a paid jailer;
593	593	(5) a member of an organized police reserve or
594	594	auxiliary unit who regularly assists peace officers in enforcing
595	595	criminal laws;
596	596	(6) a member of the class of employees of the
597	597	correctional institutions division formally designated as
598	598	custodial personnel under Section 615.006 by the Texas Board of
599	599	Criminal Justice or its predecessor in function;
600	600	(7) a jailer or guard of a county jail who is appointed
601	601	by the sheriff and who:
602	602	(A) performs a security, custodial, or
603	603	supervisory function over the admittance, confinement, or
604	604	discharge of prisoners; and
605	605	(B) is certified by the Texas Commission on Law
606	606	Enforcement [Officer Standards and Education];
607	607	(8) a juvenile correctional employee of the Texas
608	608	Juvenile Justice Department [Youth Commission];
609	609	(9) an employee of the Department of Aging and
610	610	Disability Services or Department of State Health Services who:
611	611	(A) works at the department's maximum security
612	612	unit; or
613	613	(B) performs on-site services for the Texas
614	614	Department of Criminal Justice;
615	615	(10) an individual who is employed by the state or a
616	616	political or legal subdivision and is subject to certification by
617	617	the Texas Commission on Fire Protection;
618	618	(11) an individual employed by the state or a
619	619	political or legal subdivision whose principal duties are aircraft
620	620	crash and rescue fire fighting;
621	621	(12) a member of an organized volunteer fire-fighting
622	622	unit that:
623	623	(A) renders fire-fighting services without
624	624	remuneration; and
625	625	(B) conducts a minimum of two drills each month,
626	626	each two hours long;
627	627	(13) an individual who:
628	628	(A) performs emergency medical services or
629	629	operates an ambulance;
630	630	(B) is employed by a political subdivision of the
631	631	state or is an emergency medical services volunteer as defined by
632	632	Section 773.003, Health and Safety Code; and
633	633	(C) is qualified as an emergency care attendant
634	634	or at a higher level of training under Section 773.046, 773.047,
635	635	773.048, 773.049, or 773.0495, Health and Safety Code;
636	636	(14) an individual who is employed or formally
637	637	designated as a chaplain for:
638	638	(A) an organized volunteer fire-fighting unit or
639	639	other fire department of this state or of a political subdivision of
640	640	this state;
641	641	(B) a law enforcement agency of this state or of a
642	642	political subdivision of this state; or
643	643	(C) the Texas Department of Criminal Justice; or
644	644	(15) an individual who is employed by the state or a
645	645	political subdivision of the state and who is considered by the
646	646	governmental employer to be a trainee for a position otherwise
647	647	described by this section.
648	648	SECTION 2.32. Subsections (b) and (c), Section 615.105,
649	649	Government Code, are amended to read as follows:
650	650	(b) On the death of an individual listed in Subsection (a),
651	651	regardless of whether the individual died as a result of a personal
652	652	injury sustained in the line of duty as a peace officer, the
653	653	individual's next of kin may receive on request a state flag from
654	654	the Texas Commission on Law Enforcement [Officer Standards and
655	655	Education].
656	656	(c) If the office of the governor is notified of the death of
657	657	an individual listed in Subsection (a) by the Texas Commission on
658	658	Law Enforcement [Officer Standards and Education] under Section
659	659	1701.161, Occupations Code, the office of the governor shall send
660	660	to the individual's next of kin a certificate that expresses
661	661	condolences and gratitude on behalf of the governor and the people
662	662	of Texas for the individual's service as a Texas peace officer.
663	663	SECTION 2.33. Subsection (b), Section 659.1031, Government
664	664	Code, is amended to read as follows:
665	665	(b) In this section, "eligible state employee organization"
666	666	means a state employee organization with a membership of at least
667	667	2,000 active or retired state employees who hold or who have held
668	668	certification from the Texas Commission on Law Enforcement [Officer
669	669	Standards and Education].
670	670	SECTION 2.34. Subdivision (9), Section 811.001, Government
671	671	Code, is amended to read as follows:
672	672	(9) "Law enforcement officer" means a member of the
673	673	retirement system who:
674	674	(A) has been commissioned as a law enforcement
675	675	officer by the Department of Public Safety, the Texas Alcoholic
676	676	Beverage Commission, the Parks and Wildlife Department, or the
677	677	office of inspector general at the Texas Juvenile Justice
678	678	Department [Youth Commission]; and
679	679	(B) is recognized as a commissioned law
680	680	enforcement officer by the Texas Commission on Law Enforcement
681	681	[Officer Standards and Education].
682	682	SECTION 2.35. Section 2001.028, Government Code, is amended
683	683	to read as follows:
684	684	Sec. 2001.028. NOTICE OF PROPOSED LAW ENFORCEMENT RULES.
685	685	Notice of the adoption of a proposed rule by the Commission on Jail
686	686	Standards or the Texas Commission on Law Enforcement [Officer
687	687	Standards and Education] that affects a law enforcement agency of
688	688	the state or of a political subdivision of the state is not
689	689	effective until the notice is:
690	690	(1) published as required by Section 2001.023; and
691	691	(2) mailed to each law enforcement agency that may be
692	692	affected by the proposed rule.
693	693	SECTION 2.36. Subsection (a), Section 2054.352, Government
694	694	Code, is amended to read as follows:
695	695	(a) The following licensing entities shall participate in
696	696	the system established under Section 2054.353:
697	697	(1) Texas Board of Chiropractic Examiners;
698	698	(2) Court Reporters Certification Board;
699	699	(3) State Board of Dental Examiners;
700	700	(4) Texas Funeral Service Commission;
701	701	(5) Texas Board of Professional Land Surveying;
702	702	(6) Texas Medical Board;
703	703	(7) Texas Board of Nursing;
704	704	(8) Texas Optometry Board;
705	705	(9) Department of Agriculture, for licenses issued
706	706	under Chapter 1951, Occupations Code;
707	707	(10) Texas State Board of Pharmacy;
708	708	(11) Executive Council of Physical Therapy and
709	709	Occupational Therapy Examiners;
710	710	(12) Texas State Board of Plumbing Examiners;
711	711	(13) Texas State Board of Podiatric Medical Examiners;
712	712	(14) Texas State Board of Examiners of Psychologists;
713	713	(15) State Board of Veterinary Medical Examiners;
714	714	(16) Texas Real Estate Commission;
715	715	(17) Texas Appraiser Licensing and Certification
716	716	Board;
717	717	(18) Texas Department of Licensing and Regulation;
718	718	(19) Texas State Board of Public Accountancy;
719	719	(20) State Board for Educator Certification;
720	720	(21) Texas Board of Professional Engineers;
721	721	(22) Department of State Health Services;
722	722	(23) Texas Board of Architectural Examiners;
723	723	(24) Texas Racing Commission;
724	724	(25) Texas Commission on Law Enforcement [Officer
725	725	Standards and Education]; and
726	726	(26) Texas Private Security Board.
727	727	SECTION 2.37. Subdivision (2), Section 3105.002,
728	728	Government Code, is amended to read as follows:
729	729	(2) "Commission" means the Texas Commission on Law
730	730	Enforcement [Officer Standards and Education].
731	731	SECTION 2.38. Subsection (b), Section 431.2471, Health and
732	732	Safety Code, is amended to read as follows:
733	733	(b) The department may not employ a peace officer under this
734	734	section unless:
735	735	(1) the employee will enforce the food and drug
736	736	portions of this chapter;
737	737	(2) the Texas Commission on Law Enforcement [Officer
738	738	Standards and Education] certifies the employee as qualified to be
739	739	a peace officer;
740	740	(3) the commissioner recommends the employee to the
741	741	department as being qualified to enforce the food and drug laws
742	742	within the jurisdiction of the department; and
743	743	(4) the employee also serves simultaneously as the
744	744	director of the food and drugs division of the department.
745	745	SECTION 2.39. Subsection (e), Section 614.002, Health and
746	746	Safety Code, is amended to read as follows:
747	747	(e) The executive head of each of the following agencies,
748	748	divisions of agencies, or associations, or that person's designated
749	749	representative, shall serve as a member of the committee:
750	750	(1) the correctional institutions division of the
751	751	Texas Department of Criminal Justice;
752	752	(2) the Department of State Health Services;
753	753	(3) the parole division of the Texas Department of
754	754	Criminal Justice;
755	755	(4) the community justice assistance division of the
756	756	Texas Department of Criminal Justice;
757	757	(5) [the Texas Juvenile Probation Commission;
758	758	[(6)] the Texas Juvenile Justice Department [Youth
759	759	Commission];
760	760	(6) [(7)] the Department of Assistive and
761	761	Rehabilitative Services;
762	762	(7) [(8)] the Correctional Managed Health Care
763	763	Committee;
764	764	(8) [(9)] the Mental Health Association in Texas;
765	765	(9) [(10)] the Board of Pardons and Paroles;
766	766	(10) [(11)] the Texas Commission on Law Enforcement
767	767	[Officer Standards and Education];
768	768	(11) [(12)] the Texas Council of Community Mental
769	769	Health and Mental Retardation Centers;
770	770	(12) [(13)] the Commission on Jail Standards;
771	771	(13) [(14)] the Texas Council for Developmental
772	772	Disabilities;
773	773	(14) [(15)] the Texas Association for Retarded
774	774	Citizens;
775	775	(15) [(16)] the National Alliance for the Mentally Ill
776	776	of Texas;
777	777	(16) [(17)] the Parent Association for the Retarded of
778	778	Texas, Inc.;
779	779	(17) [(18)] the Health and Human Services Commission;
780	780	and
781	781	(18) [(19)] the Department of Aging and Disability
782	782	Services.
783	783	SECTION 2.40. Section 614.016, Health and Safety Code, is
784	784	amended to read as follows:
785	785	Sec. 614.016. CONTINUITY OF CARE FOR CERTAIN OFFENDERS BY
786	786	LAW ENFORCEMENT AND JAILS. (a) The office, the Texas Commission
787	787	on Law Enforcement [Officer Standards and Education], the bureau of
788	788	identification and records of the Department of Public Safety, and
789	789	the Commission on Jail Standards by rule shall adopt a memorandum of
790	790	understanding that establishes their respective responsibilities
791	791	to institute a continuity of care and service program for offenders
792	792	in the criminal justice system who are mentally impaired, elderly,
793	793	physically disabled, terminally ill, or significantly ill.
794	794	(b) The memorandum of understanding must establish methods
795	795	for:
796	796	(1) identifying offenders in the criminal justice
797	797	system who are mentally impaired, elderly, physically disabled,
798	798	terminally ill, or significantly ill;
799	799	(2) developing procedures for the exchange of
800	800	information relating to offenders who are mentally impaired,
801	801	elderly, physically disabled, terminally ill, or significantly ill
802	802	by the office, the Texas Commission on Law Enforcement [Officer
803	803	Standards and Education], and the Commission on Jail Standards for
804	804	use in the continuity of care and services program; and
805	805	(3) adopting rules and standards that assist in the
806	806	development of a continuity of care and services program for
807	807	offenders who are mentally impaired, elderly, physically disabled,
808	808	terminally ill, or significantly ill.
809	809	SECTION 2.41. Subsection (a), Section 142.006, Human
810	810	Resources Code, is amended to read as follows:
811	811	(a) A juvenile probation officer may carry a firearm in the
812	812	course of the officer's official duties if:
813	813	(1) the juvenile probation officer possesses a
814	814	certificate of firearms proficiency issued by the Texas Commission
815	815	on Law Enforcement [Officer Standards and Education] under Section
816	816	1701.259, Occupations Code;
817	817	(2) the chief juvenile probation officer of the
818	818	juvenile probation department that employs the juvenile probation
819	819	officer authorizes the juvenile probation officer to carry a
820	820	firearm in the course of the officer's official duties; and
821	821	(3) the juvenile probation officer has been employed
822	822	for at least one year by the juvenile probation department
823	823	described by Subdivision (2).
824	824	SECTION 2.42. Subsection (b), Section 221.011, Human
825	825	Resources Code, is amended to read as follows:
826	826	(b) Peace officers employed and commissioned under
827	827	Subsection (a) must be certified by the Texas Commission on Law
828	828	Enforcement [Officer Standards and Education] under Chapter 1701,
829	829	Occupations Code.
830	830	SECTION 2.43. Subsection (e), Section 242.102, Human
831	831	Resources Code, is amended to read as follows:
832	832	(e) Peace officers employed and commissioned under
833	833	Subsection (d) must:
834	834	(1) be certified by the Texas Commission on Law
835	835	Enforcement [Officer Standards and Education] under Chapter 1701,
836	836	Occupations Code; and
837	837	(2) complete advanced courses relating to the duties
838	838	of peace officers employed and commissioned under Subsection (d) as
839	839	part of any continuing education requirements for the peace
840	840	officers.
841	841	SECTION 2.44. Subsection (b), Section 243.052, Human
842	842	Resources Code, is amended to read as follows:
843	843	(b) Peace officers employed and commissioned under
844	844	Subsection (a) must be certified by the Texas Commission on Law
845	845	Enforcement [Officer Standards and Education] under Chapter 1701,
846	846	Occupations Code.
847	847	SECTION 2.45. Subsections (d), (e), and (f), Section
848	848	302.017, Labor Code, are amended to read as follows:
849	849	(d) The commission shall contract with the Texas Commission
850	850	on Law Enforcement [Officer Standards and Education] to develop a
851	851	license verification interface to verify whether an applicant for
852	852	employment as a peace officer:
853	853	(1) holds a current license issued by the Texas
854	854	Commission on Law Enforcement [Officer Standards and Education]
855	855	under Chapter 1701, Occupations Code, and, if so, the level of that
856	856	license; and
857	857	(2) has had the applicant's license revoked or
858	858	suspended by the Texas Commission on Law Enforcement [Officer
859	859	Standards and Education].
860	860	(e) The Texas Commission on Law Enforcement [Officer
861	861	Standards and Education] shall provide the commission with
862	862	technical assistance in the development and testing of the license
863	863	verification interface under Subsection (d).
864	864	(f) If the development and operation of the Internet website
865	865	and the associated license verification interface is not possible
866	866	due to a lack of available funding, the commission shall:
867	867	(1) enter into a memorandum of understanding with the
868	868	Texas Commission on Law Enforcement [Officer Standards and
869	869	Education] to integrate a peace officer job matching database for
870	870	individuals seeking employment as peace officers in this state and
871	871	state and local law enforcement agencies seeking applicants for
872	872	employment as peace officers into the commission's existing Labor
873	873	Exchange System; and
874	874	(2) ensure that:
875	875	(A) the commission registers an Internet domain
876	876	name that is unique and that identifies on its face the purpose of
877	877	the peace officer job matching database; and
878	878	(B) the registered domain name and associated
879	879	link directs users of the Internet to a web page that instructs
880	880	users on how to use the Labor Exchange System and includes a link to
881	881	enter that system.
882	882	SECTION 2.46. Subsection (a), Section 85.0025, Local
883	883	Government Code, is amended to read as follows:
884	884	(a) The Texas Commission on Law Enforcement [Officer
885	885	Standards and Education] may require each county sheriff[,] who is
886	886	not a commissioned peace officer[,] to attend not more than 40 hours
887	887	of instruction in law enforcement. The commission shall allow a
888	888	sheriff at least two but not more than four years after the date on
889	889	which the sheriff assumes office to complete the hours of
890	890	instruction.
891	891	SECTION 2.47. Subsection (b), Section 141.009, Local
892	892	Government Code, is amended to read as follows:
893	893	(b) In this chapter, "member of the police department" means
894	894	an employee of the police department who has been licensed as a
895	895	peace officer by the Texas Commission on Law Enforcement [Officer
896	896	Standards and Education].
897	897	SECTION 2.48. Subsection (b), Section 143.013, Local
898	898	Government Code, is amended to read as follows:
899	899	(b) A person appointed as head of a fire department must be
900	900	eligible for certification by the Texas Commission on Fire
901	901	Protection [Personnel Standards and Education] at the intermediate
902	902	level or its equivalent as determined by that commission and must
903	903	have served as a fully paid fire fighter for at least five years. A
904	904	person appointed as head of a police department must be eligible for
905	905	certification by the Texas Commission on Law Enforcement [Officer
906	906	Standards and Education] at the intermediate level or its
907	907	equivalent as determined by that commission and must have served as
908	908	a bona fide law enforcement officer for at least five years.
909	909	SECTION 2.49. Subsection (e), Section 143.023, Local
910	910	Government Code, is amended to read as follows:
911	911	(e) An applicant may not be certified as eligible for a
912	912	beginning position with a police department unless the applicant
913	913	meets all legal requirements necessary to become eligible for
914	914	future licensing by the Texas Commission on Law Enforcement
915	915	[Officer Standards and Education].
916	916	SECTION 2.50. Subsection (a), Section 143.027, Local
917	917	Government Code, is amended to read as follows:
918	918	(a) A person appointed to a beginning position in the fire
919	919	or police department must serve a probationary period of one year
920	920	beginning on that person's date of employment as a fire fighter,
921	921	police officer, or academy trainee. In a municipality with a
922	922	population of less than 1.9 million, the commission by rule may
923	923	extend the probationary period by not more than six months for a
924	924	person who:
925	925	(1) is not employed by a department in which a
926	926	collective bargaining agreement or a meet-and-confer agreement
927	927	currently exists or previously existed; and
928	928	(2) is required to attend a basic training academy for
929	929	initial certification by the Texas Commission on Fire Protection or
930	930	the Texas Commission on Law Enforcement [Officer Standards and
931	931	Education].
932	932	SECTION 2.51. Subsection (b), Section 143.044, Local
933	933	Government Code, is amended to read as follows:
934	934	(b) If each fire fighter or police officer in a municipality
935	935	is afforded an opportunity to qualify for certification, the
936	936	municipality's governing body may authorize certification pay to
937	937	those fire fighters who meet the requirements for certification set
938	938	by the Texas Commission on Fire Protection [Personnel Standards and
939	939	Education] or for those police officers who meet the requirements
940	940	for certification set by the Texas Commission on Law Enforcement
941	941	[Officer Standards and Education].
942	942	SECTION 2.52. Section 143.105, Local Government Code, is
943	943	amended to read as follows:
944	944	Sec. 143.105. ELIGIBILITY FOR BEGINNING POSITION IN POLICE
945	945	DEPARTMENT. In addition to meeting the eligibility requirements
946	946	prescribed by Section 143.023, to be certified as eligible for a
947	947	beginning position with a police department, a person must be at
948	948	least 21 years of age at the end of the probationary period and
949	949	have:
950	950	(1) served in the United States armed forces and
951	951	received an honorable discharge;
952	952	(2) earned at least 60 hours' credit in any area of
953	953	study at an accredited college or university, of which not more than
954	954	12 hours' credit may be earned for training at the police officer
955	955	training academy operated or sponsored by the municipality; or
956	956	(3) been employed full-time for at least five years as
957	957	a peace officer licensed by:
958	958	(A) the Texas Commission on Law Enforcement
959	959	[Officer Standards and Education]; or
960	960	(B) an acceptable licensing entity in another
961	961	state that has law enforcement officer licensing requirements
962	962	substantially equivalent to those of Chapter 1701, Occupations
963	963	Code.
964	964	SECTION 2.53. Subsection (a), Section 143.112, Local
965	965	Government Code, is amended to read as follows:
966	966	(a) In this section:
967	967	(1) "Accredited college or university" means a college
968	968	or university that is:
969	969	(A) accredited by a nationally recognized
970	970	accrediting agency and by the state board of education in the state
971	971	in which the college or university is located; and
972	972	(B) approved or certified by:
973	973	(i) the Texas Commission on Law Enforcement
974	974	[Officer Standards and Education] as teaching the core curriculum
975	975	or its equivalent in law enforcement; or
976	976	(ii) the Texas Commission on Fire
977	977	Protection [Personnel Standards and Education].
978	978	(2) "Core curriculum in law enforcement" means those
979	979	courses in law enforcement education approved by the Coordinating
980	980	Board, Texas College and University System, and the Texas
981	981	Commission on Law Enforcement [Officer Standards and Education].
982	982	SECTION 2.54. Subsection (b), Section 254.023, Local
983	983	Government Code, is amended to read as follows:
984	984	(b) The board may:
985	985	(1) manage, control, maintain, and operate the island
986	986	property;
987	987	(2) employ a general manager and any other officer,
988	988	employee, or representative the board considers appropriate;
989	989	(3) prepare and adopt a budget, set charges for a
990	990	service or facility, authorize an expenditure, and manage and
991	991	control the income and revenue of the island property;
992	992	(4) determine policies and adopt rules and procedures
993	993	for the operation of the island property;
994	994	(5) acquire property or an interest in property to
995	995	accomplish the purposes of this chapter and construct an
996	996	improvement or facility on the property;
997	997	(6) contract in its own name, but not in the name of
998	998	the municipality;
999	999	(7) sue and be sued in its own name;
1000	1000	(8) adopt, use, and alter a corporate seal; and
1001	1001	(9) establish a security force and commission as a
1002	1002	peace officer an employee of the force who is licensed by the Texas
1003	1003	Commission on Law Enforcement [Officer Standards and Education].
1004	1004	SECTION 2.55. Subsection (a), Section 306.040, Local
1005	1005	Government Code, is amended to read as follows:
1006	1006	(a) The board may employ permanent or temporary personnel as
1007	1007	it may require, including:
1008	1008	(1) secretaries, stenographers, bookkeepers,
1009	1009	accountants, and technical experts;
1010	1010	(2) municipal park and recreational patrol officers
1011	1011	[patrolmen] and security officers employed as special park police
1012	1012	officers, who must be licensed as peace officers by the Texas
1013	1013	Commission on Law Enforcement [Officer Standards and Education];
1014	1014	(3) unarmed security guards; and
1015	1015	(4) parking attendants.
1016	1016	SECTION 2.56. Subsection (a), Section 254.013, Occupations
1017	1017	Code, is amended to read as follows:
1018	1018	(a) The board may commission as a peace officer to enforce
1019	1019	this subtitle an employee who has been certified as qualified to be
1020	1020	a peace officer by the Texas Commission on Law Enforcement [Officer
1021	1021	Standards and Education].
1022	1022	SECTION 2.57. Subsection (a), Section 554.010, Occupations
1023	1023	Code, is amended to read as follows:
1024	1024	(a) The board may commission as a peace officer to enforce
1025	1025	this subtitle an employee who has been certified as qualified to be
1026	1026	a peace officer by the Texas Commission on Law Enforcement [Officer
1027	1027	Standards and Education].
1028	1028	SECTION 2.58. Section 651.409, Occupations Code, is amended
1029	1029	to read as follows:
1030	1030	Sec. 651.409. NOTICE TO NEXT OF KIN OF DECEASED PEACE
1031	1031	OFFICER. A funeral director who prepares a deceased peace officer
1032	1032	for burial or other disposition shall make every effort to advise
1033	1033	the next of kin of the officer that the next of kin of a person who
1034	1034	at the time of death was a peace officer or an honorably retired
1035	1035	peace officer who voluntarily terminated employment with a law
1036	1036	enforcement agency of this state or a political subdivision of this
1037	1037	state is eligible on request to receive a state flag from the Texas
1038	1038	Commission on Law Enforcement [Officer Standards and Education] at
1039	1039	no cost to the next of kin.
1040	1040	SECTION 2.59. Subsection (b), Section 11.0201, Parks and
1041	1041	Wildlife Code, is amended to read as follows:
1042	1042	(b) An applicant for a special game warden commission must
1043	1043	meet the minimum standards for licensing of a peace officer under
1044	1044	the rules adopted by the Texas Commission on Law Enforcement
1045	1045	[Officer Standards and Education].
1046	1046	SECTION 2.60. Subsection (f), Section 46.05, Penal Code, is
1047	1047	amended to read as follows:
1048	1048	(f) It is a defense to prosecution under this section for
1049	1049	the possession of a chemical dispensing device that the actor is a
1050	1050	security officer and has received training on the use of the
1051	1051	chemical dispensing device by a training program that is:
1052	1052	(1) provided by the Texas Commission on Law
1053	1053	Enforcement [Officer Standards and Education]; or
1054	1054	(2) approved for the purposes described by this
1055	1055	subsection by the Texas Private Security Board of the Department of
1056	1056	Public Safety.
1057	1057	SECTION 2.61. Subsection (b), Section 54.053,
1058	1058	Transportation Code, is amended to read as follows:
1059	1059	(b) A board may:
1060	1060	(1) manage, control, maintain, and operate each port
1061	1061	improvement or facility constituting a port or harbor of the
1062	1062	municipality;
1063	1063	(2) employ a general manager and any other officer,
1064	1064	employee, or representative the board considers appropriate;
1065	1065	(3) notwithstanding any law or charter provision to
1066	1066	the contrary:
1067	1067	(A) prepare and adopt a budget for the operation
1068	1068	of a port or harbor of the municipality;
1069	1069	(B) set charges for a service or facility;
1070	1070	(C) authorize an expenditure; and
1071	1071	(D) manage and control the income and revenue of
1072	1072	each port or harbor of the municipality;
1073	1073	(4) determine policies and adopt rules and procedures
1074	1074	for the operation of each port or harbor of the municipality;
1075	1075	(5) acquire property or an interest in property for
1076	1076	any purpose set forth in Section 54.003 in the manner provided by
1077	1077	this chapter and construct a port improvement or facility on the
1078	1078	property;
1079	1079	(6) contract in its own name, but not in the name of
1080	1080	the municipality;
1081	1081	(7) sue and be sued in its own name;
1082	1082	(8) adopt, use, and alter a corporate seal;
1083	1083	(9) establish a port security force, employ public
1084	1084	security officers licensed by the Texas Commission on Law
1085	1085	Enforcement [Officer Standards and Education], and commission
1086	1086	employees of the force as peace officers;
1087	1087	(10) own, establish, construct, improve, equip,
1088	1088	maintain, operate, regulate, protect, or police any transportation
1089	1089	facility and any necessary appurtenance to that facility;
1090	1090	(11) construct, lease, improve, enlarge, extend,
1091	1091	repair, maintain, replace, develop, or operate a port improvement
1092	1092	or facility;
1093	1093	(12) exercise all powers of a municipality relating to
1094	1094	the creation of an economic development program under Chapter 380,
1095	1095	Local Government Code, for the purpose of making grants and loans;
1096	1096	and
1097	1097	(13) exercise any additional power granted by the
1098	1098	ordinance or charter.
1099	1099	ARTICLE 3. TRANSITION AND EFFECTIVE DATE
1100	1100	SECTION 3.01. (a) Effective January 1, 2014:
1101	1101	(1) the name of the Commission on Law Enforcement
1102	1102	Officer Standards and Education is changed to the Texas Commission
1103	1103	on Law Enforcement, and all powers, duties, rights, and obligations
1104	1104	of the Commission on Law Enforcement Officer Standards and
1105	1105	Education are the powers, duties, rights, and obligations of the
1106	1106	Texas Commission on Law Enforcement;
1107	1107	(2) a member of the Commission on Law Enforcement
1108	1108	Officer Standards and Education is a member of the Texas Commission
1109	1109	on Law Enforcement; and
1110	1110	(3) any appropriation to the Commission on Law
1111	1111	Enforcement Officer Standards and Education is an appropriation to
1112	1112	the Texas Commission on Law Enforcement.
1113	1113	(b) Effective January 1, 2014, a reference in law to the
1114	1114	Commission on Law Enforcement Officer Standards and Education is a
1115	1115	reference to the Texas Commission on Law Enforcement.
1116	1116	(c) The Texas Commission on Law Enforcement is the successor
1117	1117	to the Commission on Law Enforcement Officer Standards and
1118	1118	Education in all respects. All personnel, equipment, data,
1119	1119	documents, facilities, contracts, items, other property, rules,
1120	1120	decisions, and proceedings of or involving the Commission on Law
1121	1121	Enforcement Officer Standards and Education are unaffected by the
1122	1122	change in the name of the agency.
1123	1123	(d) The Commission on Law Enforcement Officer Standards and
1124	1124	Education shall adopt a schedule for phasing in the change of the
1125	1125	agency's name so as to minimize the fiscal impact of the name
1126	1126	change. Until January 1, 2014, to allow for phasing in the change
1127	1127	of the agency's name and in accordance with the schedule
1128	1128	established as required by this section, the agency may perform any
1129	1129	act authorized by law for the Commission on Law Enforcement Officer
1130	1130	Standards and Education as the Commission on Law Enforcement
1131	1131	Officer Standards and Education or as the Texas Commission on Law
1132	1132	Enforcement. Any act of the Commission on Law Enforcement Officer
1133	1133	Standards and Education acting as the Texas Commission on Law
1134	1134	Enforcement on or after the effective date of this Act and before
1135	1135	January 1, 2014, is an act of the Commission on Law Enforcement
1136	1136	Officer Standards and Education.
1137	1137	SECTION 3.02. This Act takes effect immediately if it
1138	1138	receives a vote of two-thirds of all the members elected to each
1139	1139	house, as provided by Section 39, Article III, Texas Constitution.
1140	1140	If this Act does not receive the vote necessary for immediate
1141	1141	effect, this Act takes effect September 1, 2013.