| 1 | 1 | | 83R20075 EES-D |
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| 2 | 2 | | By: Williams S.B. No. 965 |
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| 3 | 3 | | (Bohac) |
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| 4 | 4 | | Substitute the following for S.B. No. 965: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the correction of employment termination reports for |
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| 10 | 10 | | law enforcement officers. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Section 1701.4525, Occupations |
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| 13 | 13 | | Code, is amended to read as follows: |
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| 14 | 14 | | Sec. 1701.4525. PETITION FOR CORRECTION OF REPORT; |
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| 15 | 15 | | HEARING[; ADMINISTRATIVE PENALTY]. |
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| 16 | 16 | | SECTION 2. Section 1701.4525(e), Occupations Code, is |
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| 17 | 17 | | amended to read as follows: |
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| 18 | 18 | | (e) In a proceeding to contest information in an employment |
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| 19 | 19 | | termination report for a report based on alleged misconduct, an |
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| 20 | 20 | | administrative law judge shall determine if the alleged misconduct |
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| 21 | 21 | | occurred by a preponderance of the evidence regardless of whether |
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| 22 | 22 | | the person who is the subject of the report was terminated or the |
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| 23 | 23 | | person resigned, retired, or separated in lieu of termination. If |
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| 24 | 24 | | the alleged misconduct is not supported by a preponderance of the |
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| 25 | 25 | | evidence, the administrative law judge shall order the commission |
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| 26 | 26 | | to change the report [to be changed]. The commission shall send the |
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| 27 | 27 | | changed report to the law enforcement agency that prepared the |
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| 28 | 28 | | original employment termination report. The law enforcement agency |
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| 29 | 29 | | shall replace the original employment termination report with the |
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| 30 | 30 | | changed report. |
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| 31 | 31 | | SECTION 3. Section 1701.4525(e-1), Occupations Code, is |
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| 32 | 32 | | repealed. |
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| 33 | 33 | | SECTION 4. The changes in law made by this Act to Section |
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| 34 | 34 | | 1701.4525, Occupations Code, apply only to a petition for a |
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| 35 | 35 | | correction of an employment termination report submitted on or |
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| 36 | 36 | | after the effective date of this Act. A petition submitted before |
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| 37 | 37 | | the effective date of this Act is governed by the law in effect on |
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| 38 | 38 | | the date the petition was submitted, and the former law is continued |
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| 39 | 39 | | in effect for that purpose. |
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| 40 | 40 | | SECTION 5. This Act takes effect September 1, 2013. |
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