Texas 2015 84th Regular

Texas House Bill HB1855 Comm Sub / Bill

Filed 04/24/2015

                    84R20567 JRR-F
 By: Rose H.B. No. 1855
 Substitute the following for H.B. No. 1855:
 By:  Keough C.S.H.B. No. 1855


 A BILL TO BE ENTITLED
 AN ACT
 relating 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, in consultation with the Texas
 Commission on Law Enforcement, shall develop mental health crisis
 intervention training to be part of the training required by
 Subsection (a)(2).
 (c)  The department by rule shall provide temporary
 exceptions to the requirements of this section for a correctional
 officer who cannot complete the training 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; 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.
 (d)  An exception created by the department under Subsection
 (c) must ensure compliance with the training requirements of this
 section as soon as practicable after the period required by this
 section.
 (e)  The department shall indicate in the correctional
 officer's personnel file that the officer has completed the
 training required by this section.
 (f)  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 during the preceding 36 months.
 (g)  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 the 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; 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.
 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)  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.