| 1 | 1 | | 86R6605 MAW-D |
|---|
| 2 | 2 | | By: Johnson of Harris H.B. No. 3858 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to an employment termination report submitted by a law |
|---|
| 8 | 8 | | enforcement agency. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 1701.452, Occupations Code, is amended |
|---|
| 11 | 11 | | by amending Subsection (b) and adding Subsection (h) to read as |
|---|
| 12 | 12 | | follows: |
|---|
| 13 | 13 | | (b) The head of a law enforcement agency or the head's |
|---|
| 14 | 14 | | designee shall include in the report required under Subsection (a) |
|---|
| 15 | 15 | | a statement on whether the license holder was honorably discharged, |
|---|
| 16 | 16 | | generally discharged, or dishonorably discharged and [, as required |
|---|
| 17 | 17 | | by the commission,] an explanation of the circumstances under which |
|---|
| 18 | 18 | | the person resigned, retired, separated, or was terminated, |
|---|
| 19 | 19 | | including, if applicable, a description of any violation of a rule |
|---|
| 20 | 20 | | or policy committed by the license holder and a copy of the rule or |
|---|
| 21 | 21 | | policy. For purposes of this subsection: |
|---|
| 22 | 22 | | (1) "Honorably discharged" means a license holder who, |
|---|
| 23 | 23 | | while in good standing and not because of pending or final |
|---|
| 24 | 24 | | disciplinary actions or a documented performance problem, retired, |
|---|
| 25 | 25 | | resigned, or separated from employment with or died while employed |
|---|
| 26 | 26 | | by a law enforcement agency. |
|---|
| 27 | 27 | | (2) "Generally discharged" means a license holder who: |
|---|
| 28 | 28 | | (A) was terminated by, retired or resigned from, |
|---|
| 29 | 29 | | or died while in the employ of a law enforcement agency and the |
|---|
| 30 | 30 | | separation was related to a disciplinary investigation of conduct |
|---|
| 31 | 31 | | that is not included in the definition of dishonorably discharged; |
|---|
| 32 | 32 | | or |
|---|
| 33 | 33 | | (B) was terminated by or retired or resigned from |
|---|
| 34 | 34 | | a law enforcement agency and the separation was for a documented |
|---|
| 35 | 35 | | performance problem and was not because of a reduction in workforce |
|---|
| 36 | 36 | | or an at-will employment decision. |
|---|
| 37 | 37 | | (3) "Dishonorably discharged" means a license holder |
|---|
| 38 | 38 | | who: |
|---|
| 39 | 39 | | (A) was terminated by a law enforcement agency or |
|---|
| 40 | 40 | | retired or resigned in lieu of termination by the agency in relation |
|---|
| 41 | 41 | | to allegations of criminal misconduct; or |
|---|
| 42 | 42 | | (B) was terminated by a law enforcement agency or |
|---|
| 43 | 43 | | retired or resigned in lieu of termination by the agency for |
|---|
| 44 | 44 | | insubordination or untruthfulness. |
|---|
| 45 | 45 | | (h) At any time after the head of a law enforcement agency or |
|---|
| 46 | 46 | | the head's designee submits an employment termination report under |
|---|
| 47 | 47 | | this section regarding a license holder, the head or the designee |
|---|
| 48 | 48 | | may submit an amended report to the commission, on a form prescribed |
|---|
| 49 | 49 | | by the commission, if the head or designee determines amending the |
|---|
| 50 | 50 | | initial report is necessary based on a reconsideration of the |
|---|
| 51 | 51 | | circumstances under which the license holder resigned, retired, was |
|---|
| 52 | 52 | | terminated, or separated from the agency. Not later than the |
|---|
| 53 | 53 | | seventh business day after the date the amended report is submitted |
|---|
| 54 | 54 | | to the commission, the head of the law enforcement agency or the |
|---|
| 55 | 55 | | head's designee shall provide a copy of the amended report to the |
|---|
| 56 | 56 | | person to whom the initial report was provided as required by |
|---|
| 57 | 57 | | Subsection (d) or (e). |
|---|
| 58 | 58 | | SECTION 2. Section 1701.452(b), Occupations Code, as |
|---|
| 59 | 59 | | amended by this Act, applies only to a report required to be |
|---|
| 60 | 60 | | submitted under Section 1701.452(a), Occupations Code, regarding a |
|---|
| 61 | 61 | | resignation, retirement, termination, or separation of a license |
|---|
| 62 | 62 | | holder that occurs on or after the effective date of this Act. A |
|---|
| 63 | 63 | | resignation, retirement, termination, or separation that occurs |
|---|
| 64 | 64 | | before the effective date of this Act is governed by the law in |
|---|
| 65 | 65 | | effect on the date of the resignation, retirement, termination, or |
|---|
| 66 | 66 | | separation, and the former law is continued in effect for that |
|---|
| 67 | 67 | | purpose. |
|---|
| 68 | 68 | | SECTION 3. This Act takes effect September 1, 2019. |
|---|