By: Huffman, et al. S.B. No. 686
(Villalba)
A BILL TO BE ENTITLED
AN ACT
relating to the change of the name of the Commission on Law
Enforcement Officer Standards and Education to the Texas Commission
on Law Enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CHANGING THE NAME OF THE COMMISSION ON LAW ENFORCEMENT
OFFICER STANDARDS AND EDUCATION TO THE TEXAS COMMISSION ON LAW
ENFORCEMENT
SECTION 1.01. Subdivision (1), Section 1701.001,
Occupations Code, is amended to read as follows:
(1) "Commission" means the Texas Commission on Law
Enforcement [Officer Standards and Education].
SECTION 1.02. Section 1701.002, Occupations Code, is
amended to read as follows:
Sec. 1701.002. APPLICATION OF SUNSET ACT. The Texas
Commission on Law Enforcement [Officer Standards and Education] is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the commission
is abolished and this chapter expires September 1, 2021.
SECTION 1.03. Subchapter A, Chapter 1701, Occupations Code,
is amended by adding Section 1701.004 to read as follows:
Sec. 1701.004. REFERENCE TO COMMISSION ON LAW ENFORCEMENT
OFFICER STANDARDS AND EDUCATION. A reference in law to the
Commission on Law Enforcement Officer Standards and Education or
the Texas Commission on Law Enforcement Officer Standards and
Education means the Texas Commission on Law Enforcement.
SECTION 1.04. The heading to Subchapter B, Chapter 1701,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. TEXAS COMMISSION ON LAW ENFORCEMENT [OFFICER
STANDARDS AND EDUCATION]
SECTION 1.05. Subsection (a), Section 1701.051,
Occupations Code, is amended to read as follows:
(a) The Texas Commission on Law Enforcement [Officer
Standards and Education] is an agency of this state and consists of
nine members appointed by the governor with the advice and consent
of the senate as follows:
(1) three members who are sheriffs, constables, or
chiefs of police;
(2) three members who:
(A) are licensed under this chapter, two of whom
are peace officers who, at the time of appointment, hold
nonsupervisory positions with a law enforcement agency; and
(B) have been licensed under this chapter for the
five years preceding the date of appointment; and
(3) three members who represent the public.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Article 2.12, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve
deputies who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve
deputy constables who hold a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated
city, town, or village, and those reserve municipal police officers
who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
(4) rangers and officers commissioned by the Public
Safety Commission and the Director of the Department of Public
Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic
Beverage Commission;
(7) each member of an arson investigating unit
commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the
Parks and Wildlife Commission;
(11) airport police officers commissioned by a city
with a population of more than 1.18 million located primarily in a
county with a population of 2 million or more that operates an
airport that serves commercial air carriers;
(12) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that
operates an airport that serves commercial air carriers;
(13) municipal park and recreational patrolmen and
security officers;
(14) security officers and investigators commissioned
as peace officers by the comptroller;
(15) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(16) officers commissioned by a board of trustees
under Chapter 54, Transportation Code;
(17) investigators commissioned by the Texas Medical
Board;
(18) officers commissioned by:
(A) the board of managers of the Dallas County
Hospital District, the Tarrant County Hospital District, the Bexar
County Hospital District, or the El Paso County Hospital District
under Section 281.057, Health and Safety Code; and
(B) the board of directors of the Ector County
Hospital District under Section 1024.117, Special District Local
Laws Code;
(19) county park rangers commissioned under
Subchapter E, Chapter 351, Local Government Code;
(20) investigators employed by the Texas Racing
Commission;
(21) officers commissioned under Chapter 554,
Occupations Code;
(22) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
(23) investigators commissioned by the attorney
general under Section 402.009, Government Code;
(24) security officers and investigators commissioned
as peace officers under Chapter 466, Government Code;
(25) an officer employed by the Department of State
Health Services under Section 431.2471, Health and Safety Code;
(26) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(27) officers commissioned by the state fire marshal
under Chapter 417, Government Code;
(28) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(29) apprehension specialists and inspectors general
commissioned by the Texas Juvenile Justice Department as officers
under Sections 242.102 and 243.052, Human Resources Code;
(30) officers appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(31) investigators commissioned by the Texas
Commission on Law Enforcement [Officer Standards and Education]
under Section 1701.160, Occupations Code;
(32) commission investigators commissioned by the
Texas Private Security Board under Section 1702.061(f),
Occupations Code;
(33) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(34) officers commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section;
(35) investigators commissioned by the Texas Juvenile
Justice Department as officers under Section 221.011, Human
Resources Code; and
(36) the fire marshal and any related officers,
inspectors, or investigators commissioned by a county under
Subchapter B, Chapter 352, Local Government Code.
SECTION 2.02. Subsection (e), Article 2.121, Code of
Criminal Procedure, is amended to read as follows:
(e) A person may not serve as a railroad peace officer for a
railroad company unless:
(1) the Texas Railroad Association submits the
person's application for appointment and certification as a
railroad peace officer to the director of the Department of Public
Safety and to the executive director of the Texas Commission on Law
Enforcement [Officer Standards and Education];
(2) the director of the department issues the person a
certificate of authority to act as a railroad peace officer; and
(3) the executive director of the commission
determines that the person meets minimum standards required of
peace officers by the commission relating to competence,
reliability, education, training, morality, and physical and
mental health and issues the person a license as a railroad peace
officer; and
(4) the person has met all standards for certification
as a peace officer by the Texas Commission on Law Enforcement
[Officer Standards and Education].
SECTION 2.03. Subsection (e), Article 2.125, Code of
Criminal Procedure, is amended to read as follows:
(e) A person may not serve as a special ranger unless:
(1) the Texas and Southwestern Cattle Raisers
Association submits the person's application for appointment and
certification as a special ranger to the director of the Department
of Public Safety and to the executive director of the Texas
Commission on Law Enforcement [Officer Standards and Education];
(2) the director of the department issues the person a
certificate of authority to act as a special ranger;
(3) the executive director of the commission
determines that the person meets minimum standards required of
peace officers by the commission relating to competence,
reliability, education, training, morality, and physical and
mental health and issues the person a license as a special ranger;
and
(4) the person has met all standards for certification
as a peace officer by the Texas Commission on Law Enforcement
[Officer Standards and Education].
SECTION 2.04. Subsection (e), Article 2.126, Code of
Criminal Procedure, is amended to read as follows:
(e) Any person commissioned under this article must:
(1) meet the minimum standards required of peace
officers by the commission relating to competence, reliability,
education, training, morality, and physical and mental health; and
(2) meet all standards for certification as a peace
officer by the Texas Commission on Law Enforcement [Officer
Standards and Education].
SECTION 2.05. Subsections (b) and (g), Article 2.132, Code
of Criminal Procedure, are amended to read as follows:
(b) Each law enforcement agency in this state shall adopt a
detailed written policy on racial profiling. The policy must:
(1) clearly define acts constituting racial
profiling;
(2) strictly prohibit peace officers employed by the
agency from engaging in racial profiling;
(3) implement a process by which an individual may
file a complaint with the agency if the individual believes that a
peace officer employed by the agency has engaged in racial
profiling with respect to the individual;
(4) provide public education relating to the agency's
complaint process;
(5) require appropriate corrective action to be taken
against a peace officer employed by the agency who, after an
investigation, is shown to have engaged in racial profiling in
violation of the agency's policy adopted under this article;
(6) require collection of information relating to
motor vehicle stops in which a citation is issued and to arrests
made as a result of those stops, including information relating to:
(A) the race or ethnicity of the individual
detained;
(B) whether a search was conducted and, if so,
whether the individual detained consented to the search; and
(C) whether the peace officer knew the race or
ethnicity of the individual detained before detaining that
individual; and
(7) require the chief administrator of the agency,
regardless of whether the administrator is elected, employed, or
appointed, to submit an annual report of the information collected
under Subdivision (6) to:
(A) the Texas Commission on Law Enforcement
[Officer Standards and Education]; and
(B) the governing body of each county or
municipality served by the agency, if the agency is an agency of a
county, municipality, or other political subdivision of the state.
(g) On a finding by the Texas Commission on Law Enforcement
[Officer Standards and Education] that the chief administrator of a
law enforcement agency intentionally failed to submit a report
required under Subsection (b)(7), the commission shall begin
disciplinary procedures against the chief administrator.
SECTION 2.06. Subsections (b), (e), and (g), Article 2.134,
Code of Criminal Procedure, are amended to read as follows:
(b) A law enforcement agency shall compile and analyze the
information contained in each report received by the agency under
Article 2.133. Not later than March 1 of each year, each law
enforcement agency shall submit a report containing the
incident-based data compiled during the previous calendar year to
the Texas Commission on Law Enforcement [Officer Standards and
Education] and, if the law enforcement agency is a local law
enforcement agency, to the governing body of each county or
municipality served by the agency.
(e) The Texas Commission on Law Enforcement [Officer
Standards and Education], in accordance with Section 1701.162,
Occupations Code, shall develop guidelines for compiling and
reporting information as required by this article.
(g) On a finding by the Texas Commission on Law Enforcement
[Officer Standards and Education] that the chief administrator of a
law enforcement agency intentionally failed to submit a report
required under Subsection (b), the commission shall begin
disciplinary procedures against the chief administrator.
SECTION 2.07. Subsection (m), Article 15.27, Code of
Criminal Procedure, is amended to read as follows:
(m) If the superintendent of a school district in which the
student is enrolled learns of a failure of the head of a law
enforcement agency or a person designated by the head of the agency
to provide a notification under Subsection (a), the superintendent
or principal shall report the failure to notify to the Texas
Commission on Law Enforcement [Officer Standards and Education].
SECTION 2.08. Subdivision (23), Section 1, Article 18.20,
Code of Criminal Procedure, is amended to read as follows:
(23) "Member of a law enforcement unit specially
trained to respond to and deal with life-threatening situations"
means a peace officer who, as evidenced by the submission of
appropriate documentation to the Texas Commission on Law
Enforcement [Officer Standards and Education]:
(A) receives a minimum of 40 hours a year of
training in hostage and barricade suspect situations; or
(B) has received a minimum of 24 hours of
training on kidnapping investigations and is:
(i) the sheriff of a county with a
population of 3.3 million or more or the sheriff's designee; or
(ii) the police chief of a police
department in a municipality with a population of 500,000 or more or
the police chief's designee.
SECTION 2.09. Article 42.011, Code of Criminal Procedure,
is amended to read as follows:
Art. 42.011. JUDGMENT AFFECTING AN OFFICER OR JAILER. If a
person licensed under Chapter 1701, Occupations [415, Government]
Code, is charged with the commission of a felony and a court that
knows the person is licensed under that chapter convicts the person
or places the person on community supervision, the clerk of the
court shall send the Texas Commission on Law Enforcement [Officer
Standards and Education], by mail or electronically, the license
number of the person and a certified copy of the court's judgment
reflecting that the person has been convicted or placed on
community supervision.
SECTION 2.10. Subsection (h), Article 102.022, Code of
Criminal Procedure, is amended to read as follows:
(h) The comptroller shall deposit the funds received under
this article to the credit of the Civil Justice Data Repository fund
in the general revenue fund, to be used only by the Texas Commission
on Law Enforcement [Officer Standards and Education] to implement
duties under Section 1701.162, Occupations Code.
SECTION 2.11. Subsections (f) and (h), Section 37.081,
Education Code, are amended to read as follows:
(f) The chief of police of the school district police
department shall be accountable to the superintendent and shall
report to the superintendent or the superintendent's designee.
School district police officers shall be supervised by the chief of
police of the school district or the chief of police's designee and
shall be licensed by the Texas Commission on Law Enforcement
[Officer Standards and Education].
(h) A peace officer assigned to duty and commissioned under
this section shall take and file the oath required of peace officers
and shall execute and file a bond in the sum of $1,000, payable to
the board of trustees, with two or more sureties, conditioned that
the peace officer will fairly, impartially, and faithfully perform
all the duties that may be required of the peace officer by law. The
bond may be sued on in the name of any person injured until the whole
amount of the bond is recovered. Any peace officer commissioned
under this section must meet all minimum standards for peace
officers established by the Texas Commission on Law Enforcement
[Officer Standards and Education].
SECTION 2.12. Subsection (e), Section 51.203, Education
Code, is amended to read as follows:
(e) Any person commissioned under this Act must be a
certified police officer under the requirements of the Texas
Commission on Law Enforcement [Officers and Standards].
SECTION 2.13. Subsection (f), Section 51.214, Education
Code, is amended to read as follows:
(f) A person may not be commissioned under this section
unless the person obtains a peace officer license issued by the
Texas Commission on Law Enforcement [Officer Standards and
Education]. The employing medical corporation or parent
corporation shall pay to the Texas Commission on Law Enforcement
[Officer Standards and Education] on behalf of an employee any fees
that are necessary to obtain a required license.
SECTION 2.14. Subsection (g), Section 54.352, Education
Code, is amended to read as follows:
(g) In this section, "injury suffered during the
performance of a duty as a peace officer" means an injury occurring
as a result of the peace officer's performance of any of the
following law enforcement duties:
(1) traffic enforcement or traffic control duties,
including enforcement of traffic laws, investigation of vehicle
accidents, or directing traffic;
(2) pursuit, arrest, or search of a person reasonably
believed to have violated a law;
(3) investigation, including undercover
investigation, of a criminal act;
(4) patrol duties, including automobile, bicycle,
foot, air, or horse patrol;
(5) duties related to the transfer of prisoners; or
(6) training duties, including participation in any
training required by the officer's employer or supervisor or by the
Texas Commission on Law Enforcement [Officer Standards and
Education].
SECTION 2.15. Section 88.103, Education Code, is amended to
read as follows:
Sec. 88.103. ENFORCEMENT; APPOINTMENT OF PEACE OFFICERS.
The director may appoint not to exceed 25 employees of the Texas
Forest Service who are certified by the Texas Commission on Law
Enforcement [Officer Standards and Education] as qualified to be
peace officers to serve as peace officers under the direction of the
director in executing the enforcement duties of that agency. The
appointments must be approved by the board which shall commission
the appointees as peace officers. Any officer commissioned under
this section is vested with all the powers, privileges, and
immunities of peace officers in the performance of the officer's
duties. The officer shall take the oath required of peace officers.
SECTION 2.16. Subsections (a), (b), and (d), Section
96.641, Education Code, are amended to read as follows:
(a) The Bill Blackwood Law Enforcement Management Institute
of Texas shall establish and offer a program of initial training and
a program of continuing education for police chiefs. The
curriculum for each program must relate to law enforcement
management issues. The institute shall develop the curriculum for
the programs. The curriculum must be approved by the Texas
Commission on Law Enforcement [Officer Standards and Education].
(b) Each police chief must receive at least 40 hours of
continuing education provided by the institute under this section
each 24-month period. The Texas Commission on Law Enforcement
[Officer Standards and Education] by rule shall establish a uniform
24-month continuing education training period.
(d) A newly appointed or elected police chief shall complete
the initial training program for new chiefs not later than the
second anniversary of that individual's appointment or election as
chief. The initial training program for new chiefs is in addition
to the initial training and continuing education required by
Chapter 1701, Occupations Code. The Texas Commission on Law
Enforcement [Officer Standards and Education] by rule shall
establish that the first continuing education training period for
an individual under Subsection (b) begins on the first day of the
first uniform continuing education training period that follows the
date the individual completed the initial training program.
SECTION 2.17. Subsection (f), Section 32.075, Election
Code, is amended to read as follows:
(f) A person is eligible for appointment as a special peace
officer under Subsection (b) only if the person is licensed as a
peace officer by the Texas Commission on Law Enforcement [Officer
Standards and Education].
SECTION 2.18. Subsection (j), Section 25.1312, Government
Code, is amended to read as follows:
(j) Not later than one year after the date of appointment,
the bailiff of a statutory county court must have received a peace
officer license under Chapter 1701, Occupations Code, [415] from
the Texas Commission on Law Enforcement [Officer Standards and
Education]. The sheriff of Kaufman County shall deputize the
bailiff of a statutory county court. The bailiff of a statutory
county court is subject to the training and continuing education
requirements of a sheriff's deputy of the county. The sheriff shall
remove from office a bailiff who does not receive a peace officer
license within one year of appointment as required by this
subsection.
SECTION 2.19. Subsection (j), Section 25.2012, Government
Code, is amended to read as follows:
(j) Not later than one year after the date of appointment,
the bailiff of a county court at law must obtain a peace officer
license under Chapter 1701, Occupations Code, from the Texas
Commission on Law Enforcement [Officer Standards and Education].
The sheriff of Rockwall County shall deputize the bailiff of a
county court at law. The bailiff of a county court at law is subject
to the training and continuing education requirements of a
sheriff's deputy of the county. The sheriff shall remove from
office a bailiff who does not receive a peace officer license within
one year of appointment as required by this subsection.
SECTION 2.20. Subsection (e), Section 53.004, Government
Code, as amended by Chapters 385 (H.B. 1252) and 430 (H.B. 1108),
Acts of the 73rd Legislature, Regular Session, 1993, is reenacted
and amended to read as follows:
(e) To be eligible to be appointed bailiff in a district
court in Midland County, for the 355th District Court, or under
Section 53.001(g), a person must be at least 21 years old and hold a
peace officer license under Chapter 1701, Occupations Code, [415]
from the Texas Commission on Law Enforcement [Officer Standards and
Education]. This subsection does not apply to a person serving as
bailiff of a court described by Section 53.001(g) on September 1,
1991.
SECTION 2.21. Subsection (c), Section 53.091, Government
Code, is amended to read as follows:
(c) A person may not be commissioned as a peace officer
under this section unless the person meets all standards for
licensing as a peace officer by the Texas Commission on Law
Enforcement [Officer Standards and Education].
SECTION 2.22. Section 76.0051, Government Code, is amended
to read as follows:
Sec. 76.0051. AUTHORIZATION TO CARRY WEAPON. An officer is
authorized to carry a weapon while engaged in the actual discharge
of the officer's duties only if:
(1) the officer possesses a certificate of firearms
proficiency issued by the Texas Commission on Law Enforcement
[Officer Standards and Education] under Section 1701.257,
Occupations Code; and
(2) the director of the department agrees to the
authorization.
SECTION 2.23. Section 411.112, Government Code, is amended
to read as follows:
Sec. 411.112. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS COMMISSION ON LAW ENFORCEMENT [OFFICER
STANDARDS AND EDUCATION]. The Texas Commission on Law Enforcement
[Officer Standards and Education] is entitled to obtain from the
department criminal history record information maintained by the
department that relates to a person who is:
(1) an applicant for a license under Chapter 1701,
Occupations Code; or
(2) the holder of a license under that chapter.
SECTION 2.24. Subsection (a), Section 411.1882, Government
Code, is amended to read as follows:
(a) A person who is serving in this state as a judge or
justice of a federal court, as an active judicial officer, as
defined by Section 411.201, or as a district attorney, assistant
district attorney, criminal district attorney, assistant criminal
district attorney, county attorney, or assistant county attorney
may establish handgun proficiency for the purposes of this
subchapter by obtaining from a handgun proficiency instructor
approved by the Texas Commission on Law Enforcement [Officer
Standards and Education] for purposes of Section 1702.1675,
Occupations Code, a sworn statement that:
(1) indicates that the person, during the 12-month
period preceding the date of the person's application to the
department, demonstrated to the instructor proficiency in the use
of handguns; and
(2) designates the categories of handguns with respect
to which the person demonstrated proficiency.
SECTION 2.25. Subsection (a), Section 411.190, Government
Code, is amended to read as follows:
(a) The director may certify as a qualified handgun
instructor a person who:
(1) is certified by the Texas Commission on Law
Enforcement [Officer Standards and Education] or under Chapter
1702, Occupations Code, to instruct others in the use of handguns;
(2) regularly instructs others in the use of handguns
and has graduated from a handgun instructor school that uses a
nationally accepted course designed to train persons as handgun
instructors; or
(3) is certified by the National Rifle Association of
America as a handgun instructor.
SECTION 2.26. Subsection (a), Section 421.021, Government
Code, is amended to read as follows:
(a) The Homeland Security Council is composed of the
governor or the governor's designee, the speaker of the house of
representatives or the speaker's designee, the lieutenant governor
or the lieutenant governor's designee, and one representative of
each of the following entities, appointed by the single statewide
elected or appointed governing officer, administrative head, or
chair, as appropriate, of the entity:
(1) Department of Agriculture;
(2) office of the attorney general;
(3) General Land Office;
(4) Public Utility Commission of Texas;
(5) Department of State Health Services;
(6) Department of Information Resources;
(7) Department of Public Safety of the State of Texas;
(8) Texas Division of Emergency Management;
(9) adjutant general's department;
(10) Texas Commission on Environmental Quality;
(11) Railroad Commission of Texas;
(12) Texas Strategic Military Planning Commission;
(13) Texas Department of Transportation;
(14) Commission on State Emergency Communications;
(15) Office of State-Federal Relations;
(16) secretary of state;
(17) Senate Committee on Agriculture, Rural Affairs
[Transportation] and Homeland Security;
(18) House Committee on Defense and Veterans' Affairs;
(19) Texas Animal Health Commission;
(20) Texas Association of Regional Councils;
(21) Texas Commission on Law Enforcement [Officer
Standards and Education];
(22) state fire marshal's office;
(23) Texas Education Agency;
(24) Texas Commission on Fire Protection;
(25) Parks and Wildlife Department;
(26) Texas Forest Service; and
(27) Texas Water Development Board.
SECTION 2.27. Section 493.019, Government Code, is amended
to read as follows:
Sec. 493.019. ENFORCEMENT OFFICERS. The inspector general
may appoint employees who are certified by the Texas Commission on
Law Enforcement [Officer Standards and Education] as qualified to
be peace officers to serve under the direction of the inspector
general and assist the inspector general in performing the
enforcement duties of the department.
SECTION 2.28. Subsection (d), Section 494.008, Government
Code, is amended to read as follows:
(d) An employee described by Subsection (a) may not be
considered a peace officer for any purposes other than those
specified under this section and is not required to be certified by
the Texas Commission on Law Enforcement [Officer Standards and
Education].
SECTION 2.29. Section 497.031, Government Code, is amended
to read as follows:
Sec. 497.031. SALE OF STATE FLAGS TO STATE AGENCY. The
department shall sell state flags to the Texas Commission on Law
Enforcement [Officer Standards and Education] at a price that does
not exceed the department's cost in producing or obtaining the
state flags.
SECTION 2.30. Subsections (f) and (i), Section 511.0092,
Government Code, are amended to read as follows:
(f) A county, municipality, or private vendor operating
under a contract described by Subsection (b) shall:
(1) send a copy of the contract to the commission;
(2) require all employees at the facility to maintain
certification as required by the Texas Commission on Law
Enforcement [Officer Standards and Education];
(3) submit to inspections by the commission; and
(4) immediately notify the commission of any riot,
rebellion, escape, or other emergency situation occurring at the
facility.
(i) Chapter 1702, Occupations Code, does not apply to an
employee of a facility in the actual discharge of duties as an
employee of the facility if the employee is required by Subsection
(f)(2) [or by Section 1701.406, Occupations Code,] to maintain
certification from the Texas Commission on Law Enforcement [Officer
Standards and Education].
SECTION 2.31. Section 615.003, Government Code, is amended
to read as follows:
Sec. 615.003. APPLICABILITY. This chapter applies only to
eligible survivors of the following individuals:
(1) an individual elected, appointed, or employed as a
peace officer by the state or a political subdivision of the state
under Article 2.12, Code of Criminal Procedure, or other law;
(2) a paid probation officer appointed by the director
of a community supervision and corrections department who has the
duties set out in Section 76.002 and the qualifications set out in
Section 76.005, or who was appointed in accordance with prior law;
(3) a parole officer employed by the Texas Department
of Criminal Justice who has the duties set out in Section 508.001
and the qualifications set out in Section 508.113 or in prior law;
(4) a paid jailer;
(5) a member of an organized police reserve or
auxiliary unit who regularly assists peace officers in enforcing
criminal laws;
(6) a member of the class of employees of the
correctional institutions division formally designated as
custodial personnel under Section 615.006 by the Texas Board of
Criminal Justice or its predecessor in function;
(7) a jailer or guard of a county jail who is appointed
by the sheriff and who:
(A) performs a security, custodial, or
supervisory function over the admittance, confinement, or
discharge of prisoners; and
(B) is certified by the Texas Commission on Law
Enforcement [Officer Standards and Education];
(8) a juvenile correctional employee of the Texas
Juvenile Justice Department [Youth Commission];
(9) an employee of the Department of Aging and
Disability Services or Department of State Health Services who:
(A) works at the department's maximum security
unit; or
(B) performs on-site services for the Texas
Department of Criminal Justice;
(10) an individual who is employed by the state or a
political or legal subdivision and is subject to certification by
the Texas Commission on Fire Protection;
(11) an individual employed by the state or a
political or legal subdivision whose principal duties are aircraft
crash and rescue fire fighting;
(12) a member of an organized volunteer fire-fighting
unit that:
(A) renders fire-fighting services without
remuneration; and
(B) conducts a minimum of two drills each month,
each two hours long;
(13) an individual who:
(A) performs emergency medical services or
operates an ambulance;
(B) is employed by a political subdivision of the
state or is an emergency medical services volunteer as defined by
Section 773.003, Health and Safety Code; and
(C) is qualified as an emergency care attendant
or at a higher level of training under Section 773.046, 773.047,
773.048, 773.049, or 773.0495, Health and Safety Code;
(14) an individual who is employed or formally
designated as a chaplain for:
(A) an organized volunteer fire-fighting unit or
other fire department of this state or of a political subdivision of
this state;
(B) a law enforcement agency of this state or of a
political subdivision of this state; or
(C) the Texas Department of Criminal Justice; or
(15) an individual who is employed by the state or a
political subdivision of the state and who is considered by the
governmental employer to be a trainee for a position otherwise
described by this section.
SECTION 2.32. Subsections (b) and (c), Section 615.105,
Government Code, are amended to read as follows:
(b) On the death of an individual listed in Subsection (a),
regardless of whether the individual died as a result of a personal
injury sustained in the line of duty as a peace officer, the
individual's next of kin may receive on request a state flag from
the Texas Commission on Law Enforcement [Officer Standards and
Education].
(c) If the office of the governor is notified of the death of
an individual listed in Subsection (a) by the Texas Commission on
Law Enforcement [Officer Standards and Education] under Section
1701.161, Occupations Code, the office of the governor shall send
to the individual's next of kin a certificate that expresses
condolences and gratitude on behalf of the governor and the people
of Texas for the individual's service as a Texas peace officer.
SECTION 2.33. Subsection (b), Section 659.1031, Government
Code, is amended to read as follows:
(b) In this section, "eligible state employee organization"
means a state employee organization with a membership of at least
2,000 active or retired state employees who hold or who have held
certification from the Texas Commission on Law Enforcement [Officer
Standards and Education].
SECTION 2.34. Subdivision (9), Section 811.001, Government
Code, is amended to read as follows:
(9) "Law enforcement officer" means a member of the
retirement system who:
(A) has been commissioned as a law enforcement
officer by the Department of Public Safety, the Texas Alcoholic
Beverage Commission, the Parks and Wildlife Department, or the
office of inspector general at the Texas Juvenile Justice
Department [Youth Commission]; and
(B) is recognized as a commissioned law
enforcement officer by the Texas Commission on Law Enforcement
[Officer Standards and Education].
SECTION 2.35. Section 2001.028, Government Code, is amended
to read as follows:
Sec. 2001.028. NOTICE OF PROPOSED LAW ENFORCEMENT RULES.
Notice of the adoption of a proposed rule by the Commission on Jail
Standards or the Texas Commission on Law Enforcement [Officer
Standards and Education] that affects a law enforcement agency of
the state or of a political subdivision of the state is not
effective until the notice is:
(1) published as required by Section 2001.023; and
(2) mailed to each law enforcement agency that may be
affected by the proposed rule.
SECTION 2.36. Subsection (a), Section 2054.352, Government
Code, is amended to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353:
(1) Texas Board of Chiropractic Examiners;
(2) Court Reporters Certification Board;
(3) State Board of Dental Examiners;
(4) Texas Funeral Service Commission;
(5) Texas Board of Professional Land Surveying;
(6) Texas Medical Board;
(7) Texas Board of Nursing;
(8) Texas Optometry Board;
(9) Department of Agriculture, for licenses issued
under Chapter 1951, Occupations Code;
(10) Texas State Board of Pharmacy;
(11) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(12) Texas State Board of Plumbing Examiners;
(13) Texas State Board of Podiatric Medical Examiners;
(14) Texas State Board of Examiners of Psychologists;
(15) State Board of Veterinary Medical Examiners;
(16) Texas Real Estate Commission;
(17) Texas Appraiser Licensing and Certification
Board;
(18) Texas Department of Licensing and Regulation;
(19) Texas State Board of Public Accountancy;
(20) State Board for Educator Certification;
(21) Texas Board of Professional Engineers;
(22) Department of State Health Services;
(23) Texas Board of Architectural Examiners;
(24) Texas Racing Commission;
(25) Texas Commission on Law Enforcement [Officer
Standards and Education]; and
(26) Texas Private Security Board.
SECTION 2.37. Subdivision (2), Section 3105.002,
Government Code, is amended to read as follows:
(2) "Commission" means the Texas Commission on Law
Enforcement [Officer Standards and Education].
SECTION 2.38. Subsection (b), Section 431.2471, Health and
Safety Code, is amended to read as follows:
(b) The department may not employ a peace officer under this
section unless:
(1) the employee will enforce the food and drug
portions of this chapter;
(2) the Texas Commission on Law Enforcement [Officer
Standards and Education] certifies the employee as qualified to be
a peace officer;
(3) the commissioner recommends the employee to the
department as being qualified to enforce the food and drug laws
within the jurisdiction of the department; and
(4) the employee also serves simultaneously as the
director of the food and drugs division of the department.
SECTION 2.39. Subsection (e), Section 614.002, Health and
Safety Code, is amended to read as follows:
(e) The executive head of each of the following agencies,
divisions of agencies, or associations, or that person's designated
representative, shall serve as a member of the committee:
(1) the correctional institutions division of the
Texas Department of Criminal Justice;
(2) the Department of State Health Services;
(3) the parole division of the Texas Department of
Criminal Justice;
(4) the community justice assistance division of the
Texas Department of Criminal Justice;
(5) [the Texas Juvenile Probation Commission;
[(6)] the Texas Juvenile Justice Department [Youth
Commission];
(6) [(7)] the Department of Assistive and
Rehabilitative Services;
(7) [(8)] the Correctional Managed Health Care
Committee;
(8) [(9)] the Mental Health Association in Texas;
(9) [(10)] the Board of Pardons and Paroles;
(10) [(11)] the Texas Commission on Law Enforcement
[Officer Standards and Education];
(11) [(12)] the Texas Council of Community Mental
Health and Mental Retardation Centers;
(12) [(13)] the Commission on Jail Standards;
(13) [(14)] the Texas Council for Developmental
Disabilities;
(14) [(15)] the Texas Association for Retarded
Citizens;
(15) [(16)] the National Alliance for the Mentally Ill
of Texas;
(16) [(17)] the Parent Association for the Retarded of
Texas, Inc.;
(17) [(18)] the Health and Human Services Commission;
and
(18) [(19)] the Department of Aging and Disability
Services.
SECTION 2.40. Section 614.016, Health and Safety Code, is
amended to read as follows:
Sec. 614.016. CONTINUITY OF CARE FOR CERTAIN OFFENDERS BY
LAW ENFORCEMENT AND JAILS. (a) The office, the Texas Commission
on Law Enforcement [Officer Standards and Education], the bureau of
identification and records of the Department of Public Safety, and
the Commission on Jail Standards by rule shall adopt a memorandum of
understanding that establishes their respective responsibilities
to institute a continuity of care and service program for offenders
in the criminal justice system who are mentally impaired, elderly,
physically disabled, terminally ill, or significantly ill.
(b) The memorandum of understanding must establish methods
for:
(1) identifying offenders in the criminal justice
system who are mentally impaired, elderly, physically disabled,
terminally ill, or significantly ill;
(2) developing procedures for the exchange of
information relating to offenders who are mentally impaired,
elderly, physically disabled, terminally ill, or significantly ill
by the office, the Texas Commission on Law Enforcement [Officer
Standards and Education], and the Commission on Jail Standards for
use in the continuity of care and services program; and
(3) adopting rules and standards that assist in the
development of a continuity of care and services program for
offenders who are mentally impaired, elderly, physically disabled,
terminally ill, or significantly ill.
SECTION 2.41. Subsection (a), Section 142.006, Human
Resources Code, is amended to read as follows:
(a) A juvenile probation officer may carry a firearm in the
course of the officer's official duties if:
(1) the juvenile probation officer possesses a
certificate of firearms proficiency issued by the Texas Commission
on Law Enforcement [Officer Standards and Education] under Section
1701.259, Occupations Code;
(2) the chief juvenile probation officer of the
juvenile probation department that employs the juvenile probation
officer authorizes the juvenile probation officer to carry a
firearm in the course of the officer's official duties; and
(3) the juvenile probation officer has been employed
for at least one year by the juvenile probation department
described by Subdivision (2).
SECTION 2.42. Subsection (b), Section 221.011, Human
Resources Code, is amended to read as follows:
(b) Peace officers employed and commissioned under
Subsection (a) must be certified by the Texas Commission on Law
Enforcement [Officer Standards and Education] under Chapter 1701,
Occupations Code.
SECTION 2.43. Subsection (e), Section 242.102, Human
Resources Code, is amended to read as follows:
(e) Peace officers employed and commissioned under
Subsection (d) must:
(1) be certified by the Texas Commission on Law
Enforcement [Officer Standards and Education] under Chapter 1701,
Occupations Code; and
(2) complete advanced courses relating to the duties
of peace officers employed and commissioned under Subsection (d) as
part of any continuing education requirements for the peace
officers.
SECTION 2.44. Subsection (b), Section 243.052, Human
Resources Code, is amended to read as follows:
(b) Peace officers employed and commissioned under
Subsection (a) must be certified by the Texas Commission on Law
Enforcement [Officer Standards and Education] under Chapter 1701,
Occupations Code.
SECTION 2.45. Subsections (d), (e), and (f), Section
302.017, Labor Code, are amended to read as follows:
(d) The commission shall contract with the Texas Commission
on Law Enforcement [Officer Standards and Education] to develop a
license verification interface to verify whether an applicant for
employment as a peace officer:
(1) holds a current license issued by the Texas
Commission on Law Enforcement [Officer Standards and Education]
under Chapter 1701, Occupations Code, and, if so, the level of that
license; and
(2) has had the applicant's license revoked or
suspended by the Texas Commission on Law Enforcement [Officer
Standards and Education].
(e) The Texas Commission on Law Enforcement [Officer
Standards and Education] shall provide the commission with
technical assistance in the development and testing of the license
verification interface under Subsection (d).
(f) If the development and operation of the Internet website
and the associated license verification interface is not possible
due to a lack of available funding, the commission shall:
(1) enter into a memorandum of understanding with the
Texas Commission on Law Enforcement [Officer Standards and
Education] to integrate a peace officer job matching database for
individuals seeking employment as peace officers in this state and
state and local law enforcement agencies seeking applicants for
employment as peace officers into the commission's existing Labor
Exchange System; and
(2) ensure that:
(A) the commission registers an Internet domain
name that is unique and that identifies on its face the purpose of
the peace officer job matching database; and
(B) the registered domain name and associated
link directs users of the Internet to a web page that instructs
users on how to use the Labor Exchange System and includes a link to
enter that system.
SECTION 2.46. Subsection (a), Section 85.0025, Local
Government Code, is amended to read as follows:
(a) The Texas Commission on Law Enforcement [Officer
Standards and Education] may require each county sheriff[,] who is
not a commissioned peace officer[,] to attend not more than 40 hours
of instruction in law enforcement. The commission shall allow a
sheriff at least two but not more than four years after the date on
which the sheriff assumes office to complete the hours of
instruction.
SECTION 2.47. Subsection (b), Section 141.009, Local
Government Code, is amended to read as follows:
(b) In this chapter, "member of the police department" means
an employee of the police department who has been licensed as a
peace officer by the Texas Commission on Law Enforcement [Officer
Standards and Education].
SECTION 2.48. Subsection (b), Section 143.013, Local
Government Code, is amended to read as follows:
(b) A person appointed as head of a fire department must be
eligible for certification by the Texas Commission on Fire
Protection [Personnel Standards and Education] at the intermediate
level or its equivalent as determined by that commission and must
have served as a fully paid fire fighter for at least five years. A
person appointed as head of a police department must be eligible for
certification by the Texas Commission on Law Enforcement [Officer
Standards and Education] at the intermediate level or its
equivalent as determined by that commission and must have served as
a bona fide law enforcement officer for at least five years.
SECTION 2.49. Subsection (e), Section 143.023, Local
Government Code, is amended to read as follows:
(e) An applicant may not be certified as eligible for a
beginning position with a police department unless the applicant
meets all legal requirements necessary to become eligible for
future licensing by the Texas Commission on Law Enforcement
[Officer Standards and Education].
SECTION 2.50. Subsection (a), Section 143.027, Local
Government Code, is amended to read as follows:
(a) A person appointed to a beginning position in the fire
or police department must serve a probationary period of one year
beginning on that person's date of employment as a fire fighter,
police officer, or academy trainee. In a municipality with a
population of less than 1.9 million, the commission by rule may
extend the probationary period by not more than six months for a
person who:
(1) is not employed by a department in which a
collective bargaining agreement or a meet-and-confer agreement
currently exists or previously existed; and
(2) is required to attend a basic training academy for
initial certification by the Texas Commission on Fire Protection or
the Texas Commission on Law Enforcement [Officer Standards and
Education].
SECTION 2.51. Subsection (b), Section 143.044, Local
Government Code, is amended to read as follows:
(b) If each fire fighter or police officer in a municipality
is afforded an opportunity to qualify for certification, the
municipality's governing body may authorize certification pay to
those fire fighters who meet the requirements for certification set
by the Texas Commission on Fire Protection [Personnel Standards and
Education] or for those police officers who meet the requirements
for certification set by the Texas Commission on Law Enforcement
[Officer Standards and Education].
SECTION 2.52. Section 143.105, Local Government Code, is
amended to read as follows:
Sec. 143.105. ELIGIBILITY FOR BEGINNING POSITION IN POLICE
DEPARTMENT. In addition to meeting the eligibility requirements
prescribed by Section 143.023, to be certified as eligible for a
beginning position with a police department, a person must be at
least 21 years of age at the end of the probationary period and
have:
(1) served in the United States armed forces and
received an honorable discharge;
(2) earned at least 60 hours' credit in any area of
study at an accredited college or university, of which not more than
12 hours' credit may be earned for training at the police officer
training academy operated or sponsored by the municipality; or
(3) been employed full-time for at least five years as
a peace officer licensed by:
(A) the Texas Commission on Law Enforcement
[Officer Standards and Education]; or
(B) an acceptable licensing entity in another
state that has law enforcement officer licensing requirements
substantially equivalent to those of Chapter 1701, Occupations
Code.
SECTION 2.53. Subsection (a), Section 143.112, Local
Government Code, is amended to read as follows:
(a) In this section:
(1) "Accredited college or university" means a college
or university that is:
(A) accredited by a nationally recognized
accrediting agency and by the state board of education in the state
in which the college or university is located; and
(B) approved or certified by:
(i) the Texas Commission on Law Enforcement
[Officer Standards and Education] as teaching the core curriculum
or its equivalent in law enforcement; or
(ii) the Texas Commission on Fire
Protection [Personnel Standards and Education].
(2) "Core curriculum in law enforcement" means those
courses in law enforcement education approved by the Coordinating
Board, Texas College and University System, and the Texas
Commission on Law Enforcement [Officer Standards and Education].
SECTION 2.54. Subsection (b), Section 254.023, Local
Government Code, is amended to read as follows:
(b) The board may:
(1) manage, control, maintain, and operate the island
property;
(2) employ a general manager and any other officer,
employee, or representative the board considers appropriate;
(3) prepare and adopt a budget, set charges for a
service or facility, authorize an expenditure, and manage and
control the income and revenue of the island property;
(4) determine policies and adopt rules and procedures
for the operation of the island property;
(5) acquire property or an interest in property to
accomplish the purposes of this chapter and construct an
improvement or facility on the property;
(6) contract in its own name, but not in the name of
the municipality;
(7) sue and be sued in its own name;
(8) adopt, use, and alter a corporate seal; and
(9) establish a security force and commission as a
peace officer an employee of the force who is licensed by the Texas
Commission on Law Enforcement [Officer Standards and Education].
SECTION 2.55. Subsection (a), Section 306.040, Local
Government Code, is amended to read as follows:
(a) The board may employ permanent or temporary personnel as
it may require, including:
(1) secretaries, stenographers, bookkeepers,
accountants, and technical experts;
(2) municipal park and recreational patrol officers
[patrolmen] and security officers employed as special park police
officers, who must be licensed as peace officers by the Texas
Commission on Law Enforcement [Officer Standards and Education];
(3) unarmed security guards; and
(4) parking attendants.
SECTION 2.56. Subsection (a), Section 254.013, Occupations
Code, is amended to read as follows:
(a) The board may commission as a peace officer to enforce
this subtitle an employee who has been certified as qualified to be
a peace officer by the Texas Commission on Law Enforcement [Officer
Standards and Education].
SECTION 2.57. Subsection (a), Section 554.010, Occupations
Code, is amended to read as follows:
(a) The board may commission as a peace officer to enforce
this subtitle an employee who has been certified as qualified to be
a peace officer by the Texas Commission on Law Enforcement [Officer
Standards and Education].
SECTION 2.58. Section 651.409, Occupations Code, is amended
to read as follows:
Sec. 651.409. NOTICE TO NEXT OF KIN OF DECEASED PEACE
OFFICER. A funeral director who prepares a deceased peace officer
for burial or other disposition shall make every effort to advise
the next of kin of the officer that the next of kin of a person who
at the time of death was a peace officer or an honorably retired
peace officer who voluntarily terminated employment with a law
enforcement agency of this state or a political subdivision of this
state is eligible on request to receive a state flag from the Texas
Commission on Law Enforcement [Officer Standards and Education] at
no cost to the next of kin.
SECTION 2.59. Subsection (b), Section 11.0201, Parks and
Wildlife Code, is amended to read as follows:
(b) An applicant for a special game warden commission must
meet the minimum standards for licensing of a peace officer under
the rules adopted by the Texas Commission on Law Enforcement
[Officer Standards and Education].
SECTION 2.60. Subsection (f), Section 46.05, Penal Code, is
amended to read as follows:
(f) It is a defense to prosecution under this section for
the possession of a chemical dispensing device that the actor is a
security officer and has received training on the use of the
chemical dispensing device by a training program that is:
(1) provided by the Texas Commission on Law
Enforcement [Officer Standards and Education]; or
(2) approved for the purposes described by this
subsection by the Texas Private Security Board of the Department of
Public Safety.
SECTION 2.61. Subsection (b), Section 54.053,
Transportation Code, is amended to read as follows:
(b) A board may:
(1) manage, control, maintain, and operate each port
improvement or facility constituting a port or harbor of the
municipality;
(2) employ a general manager and any other officer,
employee, or representative the board considers appropriate;
(3) notwithstanding any law or charter provision to
the contrary:
(A) prepare and adopt a budget for the operation
of a port or harbor of the municipality;
(B) set charges for a service or facility;
(C) authorize an expenditure; and
(D) manage and control the income and revenue of
each port or harbor of the municipality;
(4) determine policies and adopt rules and procedures
for the operation of each port or harbor of the municipality;
(5) acquire property or an interest in property for
any purpose set forth in Section 54.003 in the manner provided by
this chapter and construct a port improvement or facility on the
property;
(6) contract in its own name, but not in the name of
the municipality;
(7) sue and be sued in its own name;
(8) adopt, use, and alter a corporate seal;
(9) establish a port security force, employ public
security officers licensed by the Texas Commission on Law
Enforcement [Officer Standards and Education], and commission
employees of the force as peace officers;
(10) own, establish, construct, improve, equip,
maintain, operate, regulate, protect, or police any transportation
facility and any necessary appurtenance to that facility;
(11) construct, lease, improve, enlarge, extend,
repair, maintain, replace, develop, or operate a port improvement
or facility;
(12) exercise all powers of a municipality relating to
the creation of an economic development program under Chapter 380,
Local Government Code, for the purpose of making grants and loans;
and
(13) exercise any additional power granted by the
ordinance or charter.
ARTICLE 3. TRANSITION AND EFFECTIVE DATE
SECTION 3.01. (a) Effective January 1, 2014:
(1) the name of the Commission on Law Enforcement
Officer Standards and Education is changed to the Texas Commission
on Law Enforcement, and all powers, duties, rights, and obligations
of the Commission on Law Enforcement Officer Standards and
Education are the powers, duties, rights, and obligations of the
Texas Commission on Law Enforcement;
(2) a member of the Commission on Law Enforcement
Officer Standards and Education is a member of the Texas Commission
on Law Enforcement; and
(3) any appropriation to the Commission on Law
Enforcement Officer Standards and Education is an appropriation to
the Texas Commission on Law Enforcement.
(b) Effective January 1, 2014, a reference in law to the
Commission on Law Enforcement Officer Standards and Education is a
reference to the Texas Commission on Law Enforcement.
(c) The Texas Commission on Law Enforcement is the successor
to the Commission on Law Enforcement Officer Standards and
Education in all respects. All personnel, equipment, data,
documents, facilities, contracts, items, other property, rules,
decisions, and proceedings of or involving the Commission on Law
Enforcement Officer Standards and Education are unaffected by the
change in the name of the agency.
(d) The Commission on Law Enforcement Officer Standards and
Education shall adopt a schedule for phasing in the change of the
agency's name so as to minimize the fiscal impact of the name
change. Until January 1, 2014, to allow for phasing in the change
of the agency's name and in accordance with the schedule
established as required by this section, the agency may perform any
act authorized by law for the Commission on Law Enforcement Officer
Standards and Education as the Commission on Law Enforcement
Officer Standards and Education or as the Texas Commission on Law
Enforcement. Any act of the Commission on Law Enforcement Officer
Standards and Education acting as the Texas Commission on Law
Enforcement on or after the effective date of this Act and before
January 1, 2014, is an act of the Commission on Law Enforcement
Officer Standards and Education.
SECTION 3.02. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2013.