Texas 2015 - 84th Regular

Texas House Bill HB1855 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Rose (Senate Sponsor - Whitmire) H.B. No. 1855
2		-	(In the Senate - Received from the House May 7, 2015;
3		-	May 11, 2015, read first time and referred to Committee on Criminal
4		-	Justice; May 21, 2015, reported favorably by the following vote:
5		-	Yeas 7, Nays 0; May 21, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1855
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to training, continuing education, and weapons
12	6		proficiency standards for correctional officers employed by the
13	7		Texas Department of Criminal Justice.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Chapter 493, Government Code, is amended by
16	10		adding Sections 493.032, 493.033, and 493.034 to read as follows:
17	11		Sec. 493.032. REQUIRED TRAINING FOR CORRECTIONAL OFFICERS.
18	12		(a) The department shall require each correctional officer
19	13		employed by the department to complete, during the correctional
20	14		officer's first 24 months of service, not less than 280 hours of
21	15		training, including:
22	16		(1) 140 hours of on-the-job training; and
23	17		(2) mental health crisis intervention training.
24	18		(b) The department, in consultation with the Texas
25	19		Commission on Law Enforcement, shall develop mental health crisis
26	20		intervention training to be part of the training required by
27	21		Subsection (a)(2).
28	22		(c) The department by rule shall provide temporary
29	23		exceptions to the requirements of this section for a correctional
30	24		officer who cannot complete the training required by Subsection (a)
31	25		due to:
32	26		(1) a medical emergency involving the officer or a
33	27		member of the officer's family;
34	28		(2) the officer's active military service; or
35	29		(3) the officer's unit or facility being unable to
36	30		provide training in a timely manner due to severe weather or a
37	31		catastrophic event.
38	32		(d) An exception created by the department under Subsection
39	33		(c) must ensure compliance with the training requirements of this
40	34		section as soon as practicable after the period required by this
41	35		section.
42	36		(e) The department shall indicate in the correctional
43	37		officer's personnel file that the officer has completed the
44	38		training required by this section.
45	39		(f) A correctional officer is not required to complete
46	40		training under this section if the officer's personnel file
47	41		indicates that the officer has completed the training required by
48	42		this section during a previous period of employment as a
49	43		correctional officer during the preceding 36 months.
50	44		(g) The department may suspend or otherwise discipline a
51	45		correctional officer who fails to comply with the requirements of
52	46		this section.
53	47		Sec. 493.033. CONTINUING EDUCATION REQUIRED FOR
54	48		CORRECTIONAL OFFICERS. (a) The department shall require each
55	49		correctional officer employed by the department to complete at
56	50		least 80 hours of continuing education programs once every 24
57	51		months. The department may suspend or otherwise discipline a
58	52		correctional officer who fails to comply with this requirement.
59	53		(b) As part of the continuing education requirement under
60	54		Subsection (a), a correctional officer must complete a training and
61	55		education program that covers the core requirements designated by
62	56		the department.
63	57		(c) The department shall develop specialized training for
64	58		correctional officers that may be credited toward continuing
65	59		education requirements.
66	60		(d) The department by rule shall provide temporary
67	61		exceptions to the continuing education requirements of this section
68	62		for a correctional officer who cannot meet the continuing education
69	63		requirements of this section due to:
70	64		(1) a medical emergency involving the officer or a
71	65		member of the officer's family;
72	66		(2) the officer's active military service; or
73	67		(3) the officer's unit or facility being unable to
74	68		provide training in a timely manner due to severe weather or a
75	69		catastrophic event.
76	70		(e) An exception created by the department under Subsection
77	71		(d) must ensure compliance with the continuing education
78	72		requirements of this section as soon as practicable after the
79	73		period required by this section.
80	74		Sec. 493.034. CONTINUING DEMONSTRATION OF WEAPONS
81	75		PROFICIENCY. (a) The department shall designate one or more
82	76		firearms proficiency officers and require each correctional
83	77		officer employed by the department to demonstrate weapons
84	78		proficiency to a firearms proficiency officer at least annually.
85	79		The department shall maintain records of the weapons proficiency of
86	80		correctional officers.
87	81		(b) The department by rule shall define weapons proficiency
88	82		for purposes of this section.
89	83		SECTION 2. Not later than January 1, 2016, the Texas
90	84		Department of Criminal Justice shall adopt rules as required by
91	85		Sections 493.032, 493.033, and 493.034, Government Code, as added
92	86		by this Act.
93	87		SECTION 3. (a) Section 493.032, Government Code, as added
94	88		by this Act, applies only to a correctional officer hired by the
95	89		Texas Department of Criminal Justice on or after the effective date
96	90		of this Act. A correctional officer hired before the effective date
97	91		of this Act is governed by the law in effect immediately before the
98	92		effective date of this Act, and that law is continued in effect for
99	93		that purpose.
100	94		(b) Sections 493.033 and 493.034, Government Code, as added
101	95		by this Act, apply to a correctional officer employed by the Texas
102	96		Department of Criminal Justice on or after the effective date of
103	97		this Act, regardless of whether the officer is hired before, on, or
104	98		after that date.
105	99		SECTION 4. This Act takes effect September 1, 2015.
106		-	* * * * *
	100	+	______________________________ ______________________________
	101	+	President of the Senate Speaker of the House
	102	+	I certify that H.B. No. 1855 was passed by the House on May 6,
	103	+	2015, by the following vote: Yeas 125, Nays 17, 2 present, not
	104	+	voting.
	105	+	______________________________
	106	+	Chief Clerk of the House
	107	+	I certify that H.B. No. 1855 was passed by the Senate on May
	108	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	109	+	______________________________
	110	+	Secretary of the Senate
	111	+	APPROVED: _____________________
	112	+	Date
	113	+	_____________________
	114	+	Governor