86R6605 MAW-D
By: Johnson of Harris H.B. No. 3858
A BILL TO BE ENTITLED
AN ACT
relating to an employment termination report submitted by a law
enforcement agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.452, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (h) to read as
follows:
(b) The head of a law enforcement agency or the head's
designee shall include in the report required under Subsection (a)
a statement on whether the license holder was honorably discharged,
generally discharged, or dishonorably discharged and [, as required
by the commission,] an explanation of the circumstances under which
the person resigned, retired, separated, or was terminated,
including, if applicable, a description of any violation of a rule
or policy committed by the license holder and a copy of the rule or
policy. For purposes of this subsection:
(1) "Honorably discharged" means a license holder who,
while in good standing and not because of pending or final
disciplinary actions or a documented performance problem, retired,
resigned, or separated from employment with or died while employed
by a law enforcement agency.
(2) "Generally discharged" means a license holder who:
(A) was terminated by, retired or resigned from,
or died while in the employ of a law enforcement agency and the
separation was related to a disciplinary investigation of conduct
that is not included in the definition of dishonorably discharged;
or
(B) was terminated by or retired or resigned from
a law enforcement agency and the separation was for a documented
performance problem and was not because of a reduction in workforce
or an at-will employment decision.
(3) "Dishonorably discharged" means a license holder
who:
(A) was terminated by a law enforcement agency or
retired or resigned in lieu of termination by the agency in relation
to allegations of criminal misconduct; or
(B) was terminated by a law enforcement agency or
retired or resigned in lieu of termination by the agency for
insubordination or untruthfulness.
(h) At any time after the head of a law enforcement agency or
the head's designee submits an employment termination report under
this section regarding a license holder, the head or the designee
may submit an amended report to the commission, on a form prescribed
by the commission, if the head or designee determines amending the
initial report is necessary based on a reconsideration of the
circumstances under which the license holder resigned, retired, was
terminated, or separated from the agency. Not later than the
seventh business day after the date the amended report is submitted
to the commission, the head of the law enforcement agency or the
head's designee shall provide a copy of the amended report to the
person to whom the initial report was provided as required by
Subsection (d) or (e).
SECTION 2. Section 1701.452(b), Occupations Code, as
amended by this Act, applies only to a report required to be
submitted under Section 1701.452(a), Occupations Code, regarding a
resignation, retirement, termination, or separation of a license
holder that occurs on or after the effective date of this Act. A
resignation, retirement, termination, or separation that occurs
before the effective date of this Act is governed by the law in
effect on the date of the resignation, retirement, termination, or
separation, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2019.