Texas 2017 - 85th Regular

Texas House Bill HB1811 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R7026 MAW-D
2	2	By: Turner H.B. No. 1811
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to hearings conducted by the Texas Commission on Law
8	8	Enforcement.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 1701, Occupations Code, is
11	11	amended by adding Section 1701.1025 to read as follows:
12	12	Sec. 1701.1025. HEARINGS OFFICERS. The commission shall
13	13	employ one or more hearings officers to conduct hearings required
14	14	by this chapter.
15	15	SECTION 2. Sections 1701.4525(a), (e), and (g), Occupations
16	16	Code, are amended to read as follows:
17	17	(a) A person who is the subject of an employment termination
18	18	report maintained by the commission under this subchapter may
19	19	contest information contained in the report by submitting to the
20	20	law enforcement agency and to the commission a written petition on a
21	21	form prescribed by the commission for a correction of the report not
22	22	later than the 30th day after the date the person receives a copy of
23	23	the report. [On receipt of the petition, the commission shall refer
24	24	the petition to the State Office of Administrative Hearings.]
25	25	(e) In a proceeding to contest information in an employment
26	26	termination report for a report based on alleged misconduct, the
27	27	commission [an administrative law judge] shall determine if the
28	28	alleged misconduct occurred by a preponderance of the evidence
29	29	regardless of whether the person who is the subject of the report
30	30	was terminated or the person resigned, retired, or separated in
31	31	lieu of termination. If the alleged misconduct is not supported by a
32	32	preponderance of the evidence, the commission [administrative law
33	33	judge] shall [order the commission to] change the report. The
34	34	commission shall send the changed report to the law enforcement
35	35	agency that prepared the original employment termination report.
36	36	The law enforcement agency shall replace the original employment
37	37	termination report with the changed report.
38	38	(g) The commission is not considered a party in a proceeding
39	39	conducted [by the State Office of Administrative Hearings] under
40	40	this section.
41	41	SECTION 3. Section 1701.504, Occupations Code, is amended
42	42	to read as follows:
43	43	Sec. 1701.504. HEARING. (a) Except as provided by Sections
44	44	1701.502 and 1701.503, if the commission proposes to suspend or
45	45	revoke a person's license, the person is entitled to a hearing
46	46	conducted by the commission [State Office of Administrative
47	47	Hearings].
48	48	(b) If the commission proposes to refuse to renew a person's
49	49	license, the person is entitled to a hearing conducted by the
50	50	commission [State Office of Administrative Hearings].
51	51	SECTION 4. Section 1701.505(b), Occupations Code, is
52	52	repealed.
53	53	SECTION 5. The change in law made by this Act applies only
54	54	to a proceeding under Chapter 1701, Occupations Code, that
55	55	commences on or after the effective date of this Act. A proceeding
56	56	that commences before the effective date of this Act is governed by
57	57	the law in effect on the date the proceeding commenced, and the
58	58	former law is continued in effect for that purpose.
59	59	SECTION 6. This Act takes effect September 1, 2017.