By: Rose H.B. No. 1855
A BILL TO BE ENTITLED
AN ACT
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elating to training, continuing education, and weapons
proficiency standards for correctional officers employed by the
Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 493, Government Code, is amended by
adding Sections 493.032, 493.033, and 493.034 to read as follows:
Sec. 493.032. REQUIRED TRAINING FOR CORRECTIONAL OFFICERS.
(a) The department shall require each correctional officer
employed by the department to complete, during the correctional
officer's first 24 months of service, not less than 280 hours of
training, including:
(1) 140 hours of on-the-job training; and
(2) mental health crisis intervention training.
(b) The department by rule shall provide temporary
exceptions to the requirements of this section for a correctional
officer who cannot complete training within the 24-month period
required by Subsection (a) due to:
(1) a medical emergency involving the officer or a
member of the officer's family;
(2) the officer's active military service for a period
less than the period described by Subsection (d); or
(3) the officer's unit or facility being unable to
provide training in a timely manner due to severe weather or a
catastrophic event.
(c) An exception created by the department under Subsection
(b) must ensure compliance with the training requirements of this
section as soon as practicable after the 24-month period required
by Subsection (a).
(d) A correctional officer is not required to complete
training within the 24-month period required by Subsection (a) if
during that period the correctional officer serves on active duty
as a member of the United States military for at least 12 months,
provided that the correctional officer:
(1) may not be awarded credit for training not
completed during that period; and
(2) completes the required training as soon as
practicable after the 24-month period required by Subsection (a).
(e) Subsection (d) does not affect any requirement to
demonstrate continuing weapons proficiency under Section 493.034.
(f) The department shall indicate in the correctional
officer's personnel file that the officer has completed the
training required by this section.
(g) A correctional officer is not required to complete
training under this section if the officer's personnel file
indicates that the officer has completed the training required by
this section during a previous period of employment as a
correctional officer.
(h) The department may suspend or otherwise discipline a
correctional officer who fails to comply with the requirements of
this section.
Sec. 493.033. CONTINUING EDUCATION REQUIRED FOR
CORRECTIONAL OFFICERS. (a) The department shall require each
correctional officer employed by the department to complete at
least 80 hours of continuing education programs once every 24
months. The department may suspend or otherwise discipline a
correctional officer who fails to comply with this requirement.
(b) As part of the continuing education requirement under
Subsection (a), a correctional officer must complete a training and
education program that covers 40 hours of core requirements
designated by the department.
(c) The department shall develop specialized training for
correctional officers that may be credited toward continuing
education requirements.
(d) The department by rule shall provide temporary
exceptions to the continuing education requirements of this section
for a correctional officer who cannot meet the continuing education
requirements of this section due to:
(1) a medical emergency involving the officer or a
member of the officer's family;
(2) the officer's active military service for a period
less than the period described by Subsection (f); or
(3) the officer's unit or facility being unable to
provide training in a timely manner due to severe weather or a
catastrophic event.
(e) An exception created by the department under Subsection
(d) must ensure compliance with the continuing education
requirements of this section as soon as practicable after the
period required by this section.
(f) The department shall credit a correctional officer with
meeting the continuing education requirements of this section if
during the relevant 24-month period the correctional officer serves
on active duty as a member of the United States military for at
least 12 months. Credit for continuing education under this
subsection does not affect any requirement to demonstrate
continuing weapons proficiency under Section 493.034.
(g) The department shall credit toward the continuing
education requirements of this section training approved by the
Texas Commission on Law Enforcement.
(h) A correctional officer is not required to complete
continuing education under this section during the period in which
the officer is completing training under Section 493.032.
Sec. 493.034. CONTINUING DEMONSTRATION OF WEAPONS
PROFICIENCY. (a) The department shall designate one or more
firearms proficiency officers and require each correctional
officer employed by the department to demonstrate weapons
proficiency to a firearms proficiency officer at least annually.
The department shall maintain records of the weapons proficiency of
correctional officers.
(b) On request, the department may waive the requirement
that a correctional officer demonstrate weapons proficiency on a
determination by the department that the requirement causes a
hardship.
(c) The department by rule shall define weapons proficiency
for purposes of this section.
SECTION 2. Not later than January 1, 2016, the Texas
Department of Criminal Justice shall adopt rules as required by
Sections 493.032, 493.033, and 493.034, Government Code, as added
by this Act.
SECTION 3. (a) Section 493.032, Government Code, as added
by this Act, applies only to a correctional officer hired by the
Texas Department of Criminal Justice on or after the effective date
of this Act. A correctional officer hired before the effective date
of this Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
(b) Sections 493.033 and 493.034, Government Code, as added
by this Act, apply to a correctional officer employed by the Texas
Department of Criminal Justice on or after the effective date of
this Act, regardless of whether the officer is hired before, on, or
after that date.
SECTION 4. This Act takes effect September 1, 2015.