Texas 2017 - 85th Regular

Texas House Bill HB603 Compare Versions

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

Old	New	Differences
1	1	By: Johnson of Harris H.B. No. 603
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the adoption of a physical fitness test by the Texas
7	7	Commission on Law Enforcement.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1701.306, Occupations Code, is amended
10	10	by amending Subsections (a), (b), and (d) and adding Subsection
11	11	(a-1) to read as follows:
12	12	(a) The commission may not issue a license to a person
13	13	unless the person is examined by:
14	14	(1) a licensed psychologist or by a psychiatrist who
15	15	declares in writing that the person is in satisfactory
16	16	psychological and emotional health to serve as the type of officer
17	17	for which a license is sought; [and]
18	18	(2) a licensed physician who declares in writing that
19	19	the person does not show any trace of drug dependency or illegal
20	20	drug use after a blood test or other medical test; and
21	21	(3) a fitness examiner who declares in writing that
22	22	the person has successfully passed the physical fitness test
23	23	adopted by the commission under Subsection (a-1).
24	24	(a-1) The commission shall adopt a physical fitness test
25	25	that has standards that are equivalent to the physical fitness
26	26	standards adopted by the Department of Public Safety under Section
27	27	614.172, Government Code.
28	28	(b) An agency hiring a person for whom a license is sought
29	29	shall select the examining physician, [and] the examining
30	30	psychologist or psychiatrist, and the fitness examiner. The agency
31	31	shall prepare a report of each declaration required by Subsection
32	32	(a) and shall maintain a copy of the report on file in a format
33	33	readily accessible to the commission. A declaration is not public
34	34	information.
35	35	(d) The commission may order an applicant to submit to an
36	36	examination described by Subsection (a) by a psychologist,
37	37	psychiatrist, [or] physician, or fitness examiner appointed by the
38	38	commission if the commission:
39	39	(1) has cause to believe that a law enforcement agency
40	40	failed to follow commission rules relating to an examination; or
41	41	(2) discovers that the applicant has submitted a false
42	42	declaration.
43	43	SECTION 2. Section 1701.307(a), Occupations Code, is
44	44	amended to read as follows:
45	45	(a) The commission shall issue an appropriate officer or
46	46	county jailer license to a person who, as required by this chapter:
47	47	(1) submits an application;
48	48	(2) completes the required training;
49	49	(3) passes the required examination;
50	50	(4) is declared to:
51	51	(A) be in satisfactory psychological and
52	52	emotional health and free from drug dependency or illegal drug use;
53	53	and
54	54	(B) have passed the physical fitness test adopted
55	55	by the commission under Section 1701.306(a-1); and
56	56	(5) demonstrates weapons proficiency.
57	57	SECTION 3. The heading of Subchapter H, Chapter 1701,
58	58	Occupations Code, is amended to read as follows:
59	59	SUBCHAPTER H. CONTINUING EDUCATION, REGULAR TESTING OF PHYSICAL
60	60	FITNESS, AND YEARLY WEAPONS PROFICIENCY
61	61	SECTION 4. Subchapter H, Chapter 1701, Occupations Code, is
62	62	amended by adding Section 1701.3555 to read as follows:
63	63	Sec. 1701.3555. REGULAR TESTING OF PHYSICAL FITNESS. (a)
64	64	Each peace officer shall take the physical fitness test adopted by
65	65	the commission under Section 1701.306(a-1) in the manner and at
66	66	intervals prescribed by rules adopted by the commission.
67	67	(b) The commission by rule shall:
68	68	(1) provide for waiver of the requirements of this
69	69	section for an individual peace officer based on the facts and
70	70	circumstances of the individual case, including whether an officer
71	71	was injured in the line of duty; and
72	72	(2) adopt procedures to ensure timely and accurate
73	73	reporting by agencies and persons licensed under this chapter of
74	74	the results of a physical fitness test taken under this section.
75	75	(c) The commission shall suspend the license of a peace
76	76	officer who fails to comply with this section.
77	77	SECTION 5. (a) Not later than December 1, 2017, the Texas
78	78	Commission on Law Enforcement shall adopt rules necessary to
79	79	implement the changes in law made by this Act.
80	80	(b) Section 1701.306, Occupations Code, as amended by this
81	81	Act, applies only to an application for a license submitted to the
82	82	Texas Commission on Law Enforcement on or after the effective date
83	83	of this Act. An application submitted before the effective date of
84	84	this Act is governed by the law in effect on the date the
85	85	application was submitted, and the former law is continued in
86	86	effect for that purpose.
87	87	(c) A person who holds a license as a peace officer issued
88	88	before the effective date of this Act may continue to renew that
89	89	license without complying with Section 1701.3555, Occupations
90	90	Code, as added by this Act.
91	91	SECTION 6. This Act takes effect September 1, 2017.