By: Burton S.B. No. 1529
(In the Senate - Filed March 12, 2015; March 23, 2015, read
first time and referred to Committee on Criminal Justice;
April 20, 2015, reported favorably by the following vote: Yeas 6,
Nays 0; April 20, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation and regulation of a law enforcement agency
or police department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.163, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) The entity may not begin operation of the law
enforcement agency or police department unless:
(1) the entity submits all of the information required
under Subsection (b) to the commission; and
(2) the commission issues the entity an agency number
for the law enforcement agency or police department.
SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is
amended by adding Section 1701.1631 to read as follows:
Sec. 1701.1631. SUSPENSION OF OPERATIONS OF CERTAIN
AGENCIES OR DEPARTMENTS. The commission may suspend the operations
of a law enforcement agency or police department described by
Section 1701.163 if the entity creating the law enforcement agency
or police department:
(1) cannot demonstrate an ongoing need for the law
enforcement agency or police department in the community;
(2) does not maintain adequate funding for the law
enforcement agency or police department;
(3) does not maintain or provide adequate physical
resources for officers of the law enforcement agency or police
department;
(4) does not maintain or provide adequate physical
facilities for the law enforcement agency or police department,
including an adequate evidence room, dispatch area, and public
area;
(5) does not maintain or enforce adequate law
enforcement policies for the law enforcement agency or police
department, including policies on:
(A) use of force;
(B) vehicle pursuit;
(C) professional conduct of officers;
(D) domestic abuse protocols;
(E) response to missing persons;
(F) supervision of part-time officers; and
(G) impartial policing;
(6) does not have an effective administrative
structure for the law enforcement agency or police department;
(7) does not maintain adequate liability insurance for
the law enforcement agency or police department; or
(8) does not meet another standard or requirement the
commission implements by rule.
SECTION 3. This Act takes effect September 1, 2015.
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