Texas 2021 - 87th Regular

Texas House Bill HB1550 Compare Versions

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

Old	New	Differences
1	1	87R6291 JCG-D
2	2	By: Cyrier H.B. No. 1550
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Commission
8	8	on Law Enforcement.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1701.002, Occupations Code, is amended
11	11	to read as follows:
12	12	Sec. 1701.002. APPLICATION OF SUNSET ACT. The Texas
13	13	Commission on Law Enforcement is subject to Chapter 325, Government
14	14	Code (Texas Sunset Act). Unless continued in existence as provided
15	15	by that chapter, the commission is abolished and this chapter
16	16	expires September 1, 2023 [2021].
17	17	SECTION 2. Section 1701.059, Occupations Code, is amended
18	18	by amending Subsection (b) and adding Subsection (d) to read as
19	19	follows:
20	20	(b) The training program must provide the person with
21	21	information regarding:
22	22	(1) the law governing [legislation that created the]
23	23	commission operations;
24	24	(2) the programs, functions, rules, and budget of the
25	25	commission;
26	26	(3) the scope of and limitations on the rulemaking
27	27	authority of the commission;
28	28	(4) the results of the most recent formal audit of the
29	29	commission;
30	30	(5) [(4)] the requirements of:
31	31	(A) laws relating to open meetings, public
32	32	information, administrative procedure, and disclosing conflicts of
33	33	interest; and
34	34	(B) other laws applicable to members of a state
35	35	policy-making body in performing their duties; and
36	36	(6) [(5)] any applicable ethics policies adopted by
37	37	the commission or the Texas Ethics Commission.
38	38	(d) The executive director of the commission shall create a
39	39	training manual that includes the information required by
40	40	Subsection (b). The executive director shall distribute a copy of
41	41	the training manual annually to each member of the commission. Each
42	42	commission member shall sign and submit to the executive director a
43	43	statement acknowledging that the member received and has reviewed
44	44	the training manual.
45	45	SECTION 3. Section 1701.151, Occupations Code, is amended
46	46	to read as follows:
47	47	Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING
48	48	AUTHORITY. The commission may:
49	49	(1) adopt rules for the administration of this chapter
50	50	and for the commission's internal management and control;
51	51	(2) establish minimum standards relating to
52	52	competence and reliability, including education, training,
53	53	physical, and mental[, and moral] standards, for licensing as an
54	54	officer, county jailer, public security officer, or
55	55	telecommunicator;
56	56	(3) report to the governor and legislature on the
57	57	commission's activities, with recommendations on matters under the
58	58	commission's jurisdiction, and make other reports that the
59	59	commission considers desirable;
60	60	(4) require a state agency or a county, special
61	61	district, or municipality in this state that employs officers,
62	62	telecommunicators, or county jailers to submit reports and
63	63	information;
64	64	(5) contract as the commission considers necessary for
65	65	services, facilities, studies, and reports required for:
66	66	(A) cooperation with municipal, county, special
67	67	district, state, and federal law enforcement agencies in training
68	68	programs; and
69	69	(B) performance of the commission's other
70	70	functions; and
71	71	(6) conduct research and stimulate research by public
72	72	and private agencies to improve law enforcement and police
73	73	administration.
74	74	SECTION 4. Subchapter D, Chapter 1701, Occupations Code, is
75	75	amended by adding Sections 1701.165, 1701.166, and 1701.167 to read
76	76	as follows:
77	77	Sec. 1701.165. ADVISORY COMMITTEES. (a) The commission
78	78	may appoint advisory committees to perform advisory functions as
79	79	determined by the commission.
80	80	(b) A member of an advisory committee who is not a member of
81	81	the commission may not receive compensation for service on the
82	82	committee. The member may receive reimbursement for actual and
83	83	necessary expenses incurred in performing committee functions as
84	84	provided by Section 2110.004, Government Code.
85	85	(c) A member of an advisory committee serves at the will of
86	86	the commission.
87	87	Sec. 1701.166. SUBPOENA. (a) The commission may request
88	88	and, if necessary, compel by subpoena the production for inspection
89	89	or copying of records, documents, and other evidence relevant to
90	90	the investigation of an alleged violation of this chapter or a
91	91	commission rule, other than a document described by Section
92	92	1701.457.
93	93	(b) The commission, acting through the attorney general,
94	94	may bring an action to enforce a subpoena issued under Subsection
95	95	(a) against a person who fails to comply with the subpoena.
96	96	(c) Venue for an action brought under Subsection (b) is in a
97	97	district court in:
98	98	(1) Travis County; or
99	99	(2) any county in which the commission may conduct a
100	100	hearing.
101	101	(d) The court shall order compliance with the subpoena if
102	102	the court finds that good cause exists to issue the subpoena.
103	103	Sec. 1701.167. EXAMINATION OF LICENSE HOLDER. (a) The
104	104	commission shall adopt rules specifying the circumstances under
105	105	which the commission may request that a license holder submit to an
106	106	examination described by Section 1701.306 by a psychologist,
107	107	psychiatrist, or physician selected by the commission to determine
108	108	whether the license holder continues to meet the standards required
109	109	by that section.
110	110	(b) If the license holder refuses to submit to the
111	111	examination, the commission shall issue an order requiring the
112	112	person to show cause for the person's refusal at a hearing on the
113	113	order scheduled for not later than the 30th day after the date
114	114	notice is served on the person. The commission shall provide notice
115	115	under this section by personal service or by registered mail,
116	116	return receipt requested.
117	117	(c) At the hearing, the person may appear in person and by
118	118	counsel and present evidence to justify the person's refusal to
119	119	submit to examination. After the hearing, the commission shall
120	120	issue an order requiring the person to submit to an examination
121	121	under this section or withdrawing the request for the examination.
122	122	(d) Unless the request is withdrawn, the commission may
123	123	suspend the license of a person who refuses to submit to the
124	124	examination.
125	125	(e) An appeal from the commission's order under this section
126	126	is governed by Chapter 2001, Government Code.
127	127	(f) If the results of an examination under this section show
128	128	that the person does not meet the standards of Section 1701.306(a),
129	129	the commission shall suspend the person's license.
130	130	(g) Records relating to a request or order of the commission
131	131	or a hearing or examination conducted under this section,
132	132	including, if applicable, the identity of the person notifying the
133	133	commission that a license holder may not meet the standards
134	134	required by Section 1701.306(a), are confidential and not subject
135	135	to disclosure under Chapter 552, Government Code.
136	136	SECTION 5. Section 1701.202, Occupations Code, is amended
137	137	by amending Subsection (b) and adding Subsection (d) to read as
138	138	follows:
139	139	(b) Except as provided by Subsection (d), on [On] request, a
140	140	license holder is entitled to [may] obtain information regarding a
141	141	complaint made against the license holder under this chapter,
142	142	including a complete copy of the complaint file. On receipt of a
143	143	request under this subsection, the commission shall provide the
144	144	requested information in a timely manner to allow the license
145	145	holder time to respond to the complaint.
146	146	(d) The commission is not required to provide the identity
147	147	of any nontestifying complainant in response to a request under
148	148	Subsection (b).
149	149	SECTION 6. Sections 1701.203(a) and (c), Occupations Code,
150	150	are amended to read as follows:
151	151	(a) The commission shall maintain a system to promptly and
152	152	efficiently act on [jurisdictional] complaints filed with the
153	153	commission. The commission shall maintain information about
154	154	parties to the complaint, the subject matter of the complaint, a
155	155	summary of the results of the review or investigation of the
156	156	complaint, and its disposition.
157	157	(c) The commission shall periodically notify the complaint
158	158	parties [to the complaint] of the status of the complaint until
159	159	final disposition unless the notice would jeopardize an
160	160	investigation.
161	161	SECTION 7. Sections 1701.303(b) and (c), Occupations Code,
162	162	are amended to read as follows:
163	163	(b) A person who appoints an officer or county jailer
164	164	licensed by the commission shall notify the commission not later
165	165	than the 30th day after the date of the appointment. If the person
166	166	appoints an individual who previously served as an officer or
167	167	county jailer and the appointment occurs after the 180th day after
168	168	the last date of service as an officer or county jailer, the person
169	169	must have on file for the officer or county jailer, in a form
170	170	readily accessible to the commission, [:
171	171	[(1) new criminal history record information;
172	172	[(2)] a new declaration of psychological and emotional
173	173	health and lack of drug dependency or illegal drug use[; and
174	174	[(3) two completed fingerprint cards].
175	175	(c) A person who appoints or employs a telecommunicator
176	176	licensed by the commission shall notify the commission not later
177	177	than the 30th day after the date of the appointment or employment.
178	178	[If the person appoints or employs an individual who previously
179	179	served as a telecommunicator and the appointment or employment
180	180	occurs after the 180th day after the last date of service as a
181	181	telecommunicator, the person must have on file in a form readily
182	182	accessible to the commission:
183	183	[(1) new criminal history record information; and
184	184	[(2) two completed fingerprint cards.]
185	185	SECTION 8. Subchapter G, Chapter 1701, Occupations Code, is
186	186	amended by adding Section 1701.3065 to read as follows:
187	187	Sec. 1701.3065. CRIMINAL HISTORY RECORD INFORMATION FOR
188	188	LICENSE ISSUANCE. (a) The commission shall require that an
189	189	applicant for a license submit a complete and legible set of
190	190	fingerprints, on a form prescribed by the commission, to the
191	191	commission or to the Department of Public Safety for the purpose of
192	192	obtaining criminal history record information from the Department
193	193	of Public Safety and the Federal Bureau of Investigation.
194	194	(b) The commission may not issue a license to a person who
195	195	does not comply with the requirement of Subsection (a).
196	196	(c) The commission shall conduct a criminal history record
197	197	information check of each applicant for a license using
198	198	information:
199	199	(1) provided by the individual under this section; and
200	200	(2) made available by the Department of Public Safety,
201	201	the Federal Bureau of Investigation, and any other criminal justice
202	202	agency under Chapter 411, Government Code.
203	203	(d) The commission may:
204	204	(1) enter into an agreement with the Department of
205	205	Public Safety to administer a criminal history record information
206	206	check required under this section; and
207	207	(2) authorize the Department of Public Safety to
208	208	collect from each applicant the costs incurred by the Department of
209	209	Public Safety in conducting the criminal history record information
210	210	check.
211	211	SECTION 9. Section 1701.404(b), Occupations Code, is
212	212	amended to read as follows:
213	213	(b) The commission may certify a sheriff, sheriff's deputy,
214	214	constable, other peace officer, county jailer, or justice of the
215	215	peace as a special officer for offenders with mental impairments if
216	216	the person:
217	217	(1) completes a training course in emergency first aid
218	218	and lifesaving techniques approved by the commission;
219	219	(2) completes a training course administered by the
220	220	commission on mental health issues and offenders with mental
221	221	impairments; and
222	222	(3) passes an examination administered by the
223	223	commission that is designed to test the person's:
224	224	(A) knowledge and recognition of the
225	225	characteristics and symptoms of mental illness, intellectual
226	226	disabilities [mental retardation], and developmental [mental]
227	227	disabilities; and
228	228	(B) knowledge of mental health crisis
229	229	intervention strategies for people with mental impairments.
230	230	SECTION 10. The heading to Subchapter K, Chapter 1701,
231	231	Occupations Code, is amended to read as follows:
232	232	SUBCHAPTER K. DISCIPLINARY GROUNDS AND PROCEDURES
233	233	SECTION 11. Subchapter K, Chapter 1701, Occupations Code,
234	234	is amended by adding Section 1701.5011 to read as follows:
235	235	Sec. 1701.5011. EMERGENCY SUSPENSION. (a) The commission
236	236	shall adopt rules specifying the circumstances under which the
237	237	commission may issue an emergency order, without a hearing,
238	238	suspending a person's license for a period not to exceed 90 days
239	239	after determining that the person constitutes an imminent threat to
240	240	the public health, safety, or welfare.
241	241	(b) An order suspending a license under this section must
242	242	state the length of the suspension in the order.
243	243	(c) If an emergency order is issued without a hearing under
244	244	this section, the commission shall set the time and place for a
245	245	hearing to be conducted not later than the 10th day after the date
246	246	the order was issued. A hearing under this section to affirm,
247	247	modify, or set aside the emergency order shall be conducted by the
248	248	State Office of Administrative Hearings. The order shall be
249	249	affirmed to the extent that good cause existed to issue the order.
250	250	(d) The commission by rule may prescribe procedures for the
251	251	determination and appeal of an emergency order issued under this
252	252	section, including a rule allowing the commission to affirm,
253	253	modify, or set aside a decision made by the State Office of
254	254	Administrative Hearings under Subsection (c).
255	255	(e) A proceeding under this section is a contested case
256	256	under Chapter 2001, Government Code.
257	257	SECTION 12. Chapter 1701, Occupations Code, is amended by
258	258	adding Subchapter P to read as follows:
259	259	SUBCHAPTER P. PANEL TO REVIEW LAW ENFORCEMENT REGULATION
260	260	Sec. 1701.721. DEFINITION. In this subchapter, "panel"
261	261	means the panel established under Section 1701.722.
262	262	Sec. 1701.722. PANEL ESTABLISHED; COMPOSITION. (a) A
263	263	panel to study the regulation of persons licensed under this
264	264	chapter and the entities authorized by law to employ those persons
265	265	is established. The panel consists of the following 17 members:
266	266	(1) nine members who are knowledgeable on criminal
267	267	justice matters, including law enforcement personnel,
268	268	representatives of victims' rights groups, educators, judges, and
269	269	local elected officials, appointed as follows:
270	270	(A) three members appointed by the governor;
271	271	(B) three members appointed by the lieutenant
272	272	governor; and
273	273	(C) three members appointed by the speaker of the
274	274	house of representatives;
275	275	(2) three members who represent the public, one
276	276	appointed by the governor, one appointed by the lieutenant
277	277	governor, and one appointed by the speaker of the house of
278	278	representatives;
279	279	(3) the chair of the Senate Committee on Criminal
280	280	Justice;
281	281	(4) the chair of the House Committee on Homeland
282	282	Security and Public Safety;
283	283	(5) the chair of the board of the Texas District and
284	284	County Attorneys Association or the chair's designee; and
285	285	(6) as nonvoting members:
286	286	(A) the executive director of the commission; and
287	287	(B) the attorney general or the attorney
288	288	general's designee.
289	289	(b) In appointing members of the panel under Subsection
290	290	(a)(1), the governor, lieutenant governor, and speaker of the house
291	291	of representatives shall each appoint:
292	292	(1) one representative of a rural county or a small
293	293	municipality; and
294	294	(2) one representative of a law enforcement agency.
295	295	(c) The governor shall designate a chair and vice chair of
296	296	the panel. The panel shall meet at the call of the chair.
297	297	Sec. 1701.723. ADVISORY COMMITTEES. The panel may
298	298	establish one or more advisory committees to assist the panel in its
299	299	duties under this subchapter. Advisory committee members may
300	300	include any person with knowledge or experience relevant to the
301	301	study conducted under Section 1701.729.
302	302	Sec. 1701.724. OPEN MEETINGS; PUBLIC HEARINGS. (a) The
303	303	panel, and any advisory committee established by the panel, is
304	304	subject to Chapter 551, Government Code.
305	305	(b) Notwithstanding Chapter 551, Government Code, or any
306	306	other law, the panel and any advisory committee may meet by
307	307	telephone conference call, videoconference, or other similar
308	308	telecommunication method. A meeting held under this subsection by
309	309	telephone conference call, videoconference, or other similar
310	310	telecommunication method is subject to the requirements of Sections
311	311	551.125(c)-(f), Government Code.
312	312	(c) The panel shall hold a public hearing at least once
313	313	every month to solicit testimony and provide information to the
314	314	public regarding the work of the panel.
315	315	Sec. 1701.725. CONFIDENTIALITY OF CERTAIN DOCUMENTS.
316	316	Preliminary drafts of the final report and legislative
317	317	recommendations, memoranda of panel members expressing opinions,
318	318	formulations, or recommendations, and panel members' notes and
319	319	correspondence with individuals who are not panel members are
320	320	confidential and not subject to disclosure under Chapter 552,
321	321	Government Code.
322	322	Sec. 1701.726. SUBPOENA. (a) The panel may issue a
323	323	subpoena as provided by this section.
324	324	(b) The panel may request and, if necessary, compel by
325	325	subpoena:
326	326	(1) the production for inspection and copying of
327	327	documents and other records relevant to the panel's duties under
328	328	this subchapter; and
329	329	(2) the attendance of a witness for examination under
330	330	oath.
331	331	(c) A subpoena under this section may be issued throughout
332	332	this state and may be served by any person designated by the panel.
333	333	(d) The panel, acting through the attorney general, may
334	334	bring an action to enforce a subpoena issued under this section
335	335	against a person who fails to comply with the subpoena.
336	336	(e) Venue for an action brought under this section is in a
337	337	district court in:
338	338	(1) Travis County; or
339	339	(2) any county in which the commission may conduct a
340	340	hearing.
341	341	(f) The court shall order compliance with the subpoena if
342	342	the court finds that good cause exists to issue the subpoena.
343	343	Sec. 1701.727. REIMBURSEMENT. A member of the panel or an
344	344	advisory committee of the panel is not entitled to compensation for
345	345	service on the panel or on an advisory committee of the panel but
346	346	may be reimbursed for travel and other reasonable and necessary
347	347	expenses incurred in connection with the member's service on the
348	348	panel or advisory committee as provided by the General
349	349	Appropriations Act.
350	350	Sec. 1701.728. ASSISTANCE BY COMMISSION. The commission
351	351	shall provide facilities and administrative support as reasonably
352	352	necessary for the panel to carry out its duties.
353	353	Sec. 1701.729. STUDY. The panel shall study and make
354	354	recommendations regarding the regulation of persons licensed under
355	355	this chapter and entities authorized by law to employ those
356	356	persons. In conducting the study, the panel shall consider the
357	357	following:
358	358	(1) the standards of conduct applicable to persons
359	359	licensed under this chapter, including whether statewide standards
360	360	should be developed and who should develop, review, and update
361	361	those standards;
362	362	(2) the education and training requirements for
363	363	persons licensed under this chapter, including:
364	364	(A) the requirements for the issuance of each
365	365	type of license and the frequency with which those requirements are
366	366	reviewed and updated; and
367	367	(B) the continuing education requirements for
368	368	each type of license and the frequency with which those
369	369	requirements are reviewed and updated;
370	370	(3) the commission's regulation of training programs
371	371	and schools; and
372	372	(4) the accountability to the public of persons
373	373	licensed under this chapter and of entities authorized by law to
374	374	employ persons licensed under this chapter, including:
375	375	(A) the need for statewide standards applicable
376	376	to the entities and who should develop, review, and update those
377	377	standards;
378	378	(B) changes to the commission's authority to
379	379	discipline a license holder for violations of law or other
380	380	misconduct;
381	381	(C) appropriate procedures to protect a license
382	382	holder's rights during a disciplinary proceeding; and
383	383	(D) the reporting of terminations under
384	384	Subchapter J.
385	385	Sec. 1701.730. REPORT; CERTAIN VOTES REQUIRED. (a) Not
386	386	later than June 1, 2022, the panel shall deliver a report to the
387	387	governor, the lieutenant governor, the speaker of the house of
388	388	representatives, each member of the legislature, and the Sunset
389	389	Advisory Commission on the areas of study described by Section
390	390	1701.729, including any legislative recommendations adopted by the
391	391	panel.
392	392	(b) A legislative recommendation may be adopted by a
393	393	majority vote of a quorum of the panel.
394	394	(c) The report under this section may be issued only if the
395	395	report is adopted by a two-thirds vote of the total membership of
396	396	the panel.
397	397	Sec. 1701.731. EXPIRATION. The panel is abolished and this
398	398	subchapter expires December 31, 2022.
399	399	SECTION 13. (a) Except as provided by Subsection (b) of
400	400	this section, Section 1701.059, Occupations Code, as amended by
401	401	this Act, applies to a member of the Texas Commission on Law
402	402	Enforcement appointed before, on, or after the effective date of
403	403	this Act.
404	404	(b) A member of the Texas Commission on Law Enforcement who,
405	405	before the effective date of this Act, completed the training
406	406	program required by Section 1701.059, Occupations Code, as that law
407	407	existed before the effective date of this Act, is only required to
408	408	complete additional training on the subjects added by this Act to
409	409	the training program required by Section 1701.059, Occupations
410	410	Code. A commission member described by this subsection may not
411	411	vote, deliberate, or be counted as a member in attendance at a
412	412	meeting of the commission held on or after December 1, 2021, until
413	413	the member completes the additional training.
414	414	SECTION 14. (a) Notwithstanding Section 1701.317,
415	415	Occupations Code, not later than September 1, 2024, the Texas
416	416	Commission on Law Enforcement shall conduct a criminal history
417	417	record information check in the manner provided by Section
418	418	1701.3065, Occupations Code, as added by this Act, on each person
419	419	who on September 1, 2021, holds a license issued under Chapter 1701,
420	420	Occupations Code.
421	421	(b) The Texas Commission on Law Enforcement may suspend the
422	422	license of a person who holds a license under Chapter 1701,
423	423	Occupations Code, who does not comply with a request by the
424	424	commission to provide information or fingerprints, in a form and
425	425	manner prescribed by the commission, that would enable the
426	426	commission to conduct the criminal history record information check
427	427	as required by this section.
428	428	(c) The Texas Commission on Law Enforcement may adopt rules
429	429	to implement this section, including rules to stagger the
430	430	implementation of this section.
431	431	SECTION 15. Not later than September 1, 2021, the governor,
432	432	lieutenant governor, and speaker of the house of representatives
433	433	shall appoint members to the panel in accordance with Section
434	434	1701.722, Occupations Code, as added by this Act.
435	435	SECTION 16. (a) For purposes of Section 1701.002,
436	436	Occupations Code, as amended by this Act, the Sunset Advisory
437	437	Commission shall conduct a limited-scope review of the Texas
438	438	Commission on Law Enforcement for the 88th Legislature. The review
439	439	must provide:
440	440	(1) an update on the progress of the Texas Commission
441	441	on Law Enforcement in implementing the recommendations made by the
442	442	Sunset Advisory Commission to the 87th Legislature; and
443	443	(2) an evaluation of any legislative recommendations
444	444	related to the Texas Commission on Law Enforcement made by the panel
445	445	established under Subchapter P, Chapter 1701, Occupations Code, as
446	446	added by this Act.
447	447	(b) The Sunset Advisory Commission's recommendations to the
448	448	88th Legislature may include any recommendation the commission
449	449	considers appropriate based on the limited-scope review conducted
450	450	under this section.
451	451	SECTION 17. This Act takes effect September 1, 2021.