85R7026 MAW-D
By: Turner H.B. No. 1811
A BILL TO BE ENTITLED
AN ACT
relating to hearings conducted by the Texas Commission on Law
Enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 1701, Occupations Code, is
amended by adding Section 1701.1025 to read as follows:
Sec. 1701.1025. HEARINGS OFFICERS. The commission shall
employ one or more hearings officers to conduct hearings required
by this chapter.
SECTION 2. Sections 1701.4525(a), (e), and (g), Occupations
Code, are amended to read as follows:
(a) A person who is the subject of an employment termination
report maintained by the commission under this subchapter may
contest information contained in the report by submitting to the
law enforcement agency and to the commission a written petition on a
form prescribed by the commission for a correction of the report not
later than the 30th day after the date the person receives a copy of
the report. [On receipt of the petition, the commission shall refer
the petition to the State Office of Administrative Hearings.]
(e) In a proceeding to contest information in an employment
termination report for a report based on alleged misconduct, the
commission [an administrative law judge] shall determine if the
alleged misconduct occurred by a preponderance of the evidence
regardless of whether the person who is the subject of the report
was terminated or the person resigned, retired, or separated in
lieu of termination. If the alleged misconduct is not supported by a
preponderance of the evidence, the commission [administrative law
judge] shall [order the commission to] change the report. The
commission shall send the changed report to the law enforcement
agency that prepared the original employment termination report.
The law enforcement agency shall replace the original employment
termination report with the changed report.
(g) The commission is not considered a party in a proceeding
conducted [by the State Office of Administrative Hearings] under
this section.
SECTION 3. Section 1701.504, Occupations Code, is amended
to read as follows:
Sec. 1701.504. HEARING. (a) Except as provided by Sections
1701.502 and 1701.503, if the commission proposes to suspend or
revoke a person's license, the person is entitled to a hearing
conducted by the commission [State Office of Administrative
Hearings].
(b) If the commission proposes to refuse to renew a person's
license, the person is entitled to a hearing conducted by the
commission [State Office of Administrative Hearings].
SECTION 4. Section 1701.505(b), Occupations Code, is
repealed.
SECTION 5. The change in law made by this Act applies only
to a proceeding under Chapter 1701, Occupations Code, that
commences on or after the effective date of this Act. A proceeding
that commences before the effective date of this Act is governed by
the law in effect on the date the proceeding commenced, and the
former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2017.