By: Johnson of Harris H.B. No. 603
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of a physical fitness test by the Texas
Commission on Law Enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.306, Occupations Code, is amended
by amending Subsections (a), (b), and (d) and adding Subsection
(a-1) to read as follows:
(a) The commission may not issue a license to a person
unless the person is examined by:
(1) a licensed psychologist or by a psychiatrist who
declares in writing that the person is in satisfactory
psychological and emotional health to serve as the type of officer
for which a license is sought; [and]
(2) a licensed physician who declares in writing that
the person does not show any trace of drug dependency or illegal
drug use after a blood test or other medical test; and
(3) a fitness examiner who declares in writing that
the person has successfully passed the physical fitness test
adopted by the commission under Subsection (a-1).
(a-1) The commission shall adopt a physical fitness test
that has standards that are equivalent to the physical fitness
standards adopted by the Department of Public Safety under Section
614.172, Government Code.
(b) An agency hiring a person for whom a license is sought
shall select the examining physician, [and] the examining
psychologist or psychiatrist, and the fitness examiner. The agency
shall prepare a report of each declaration required by Subsection
(a) and shall maintain a copy of the report on file in a format
readily accessible to the commission. A declaration is not public
information.
(d) The commission may order an applicant to submit to an
examination described by Subsection (a) by a psychologist,
psychiatrist, [or] physician, or fitness examiner appointed by the
commission if the commission:
(1) has cause to believe that a law enforcement agency
failed to follow commission rules relating to an examination; or
(2) discovers that the applicant has submitted a false
declaration.
SECTION 2. Section 1701.307(a), Occupations Code, is
amended to read as follows:
(a) The commission shall issue an appropriate officer or
county jailer license to a person who, as required by this chapter:
(1) submits an application;
(2) completes the required training;
(3) passes the required examination;
(4) is declared to:
(A) be in satisfactory psychological and
emotional health and free from drug dependency or illegal drug use;
and
(B) have passed the physical fitness test adopted
by the commission under Section 1701.306(a-1); and
(5) demonstrates weapons proficiency.
SECTION 3. The heading of Subchapter H, Chapter 1701,
Occupations Code, is amended to read as follows:
SUBCHAPTER H. CONTINUING EDUCATION, REGULAR TESTING OF PHYSICAL
FITNESS, AND YEARLY WEAPONS PROFICIENCY
SECTION 4. Subchapter H, Chapter 1701, Occupations Code, is
amended by adding Section 1701.3555 to read as follows:
Sec. 1701.3555. REGULAR TESTING OF PHYSICAL FITNESS. (a)
Each peace officer shall take the physical fitness test adopted by
the commission under Section 1701.306(a-1) in the manner and at
intervals prescribed by rules adopted by the commission.
(b) The commission by rule shall:
(1) provide for waiver of the requirements of this
section for an individual peace officer based on the facts and
circumstances of the individual case, including whether an officer
was injured in the line of duty; and
(2) adopt procedures to ensure timely and accurate
reporting by agencies and persons licensed under this chapter of
the results of a physical fitness test taken under this section.
(c) The commission shall suspend the license of a peace
officer who fails to comply with this section.
SECTION 5. (a) Not later than December 1, 2017, the Texas
Commission on Law Enforcement shall adopt rules necessary to
implement the changes in law made by this Act.
(b) Section 1701.306, Occupations Code, as amended by this
Act, applies only to an application for a license submitted to the
Texas Commission on Law Enforcement on or after the effective date
of this Act. An application submitted before the effective date of
this Act is governed by the law in effect on the date the
application was submitted, and the former law is continued in
effect for that purpose.
(c) A person who holds a license as a peace officer issued
before the effective date of this Act may continue to renew that
license without complying with Section 1701.3555, Occupations
Code, as added by this Act.
SECTION 6. This Act takes effect September 1, 2017.