Texas 2021 - 87th Regular

Texas House Bill HB2844 Compare Versions

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

Old	New	Differences
1	1	87R8874 ANG-F
2	2	By: Goodwin H.B. No. 2844
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain persons licensed by the Texas Commission on Law
8	8	Enforcement.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1701.452(b), Occupations Code, is
11	11	amended to read as follows:
12	12	(b) The head of a law enforcement agency or the head's
13	13	designee shall include in the report required under Subsection (a)
14	14	a statement on whether the license holder was honorably discharged,
15	15	generally discharged, or dishonorably discharged and, as required
16	16	by the commission, an explanation of the circumstances under which
17	17	the person resigned, retired, or was terminated. If the license
18	18	holder resigned or retired, the explanation must include
19	19	information regarding any pending investigation known to internal
20	20	affairs, supervisors, or management that was not completed due to
21	21	the officer's resignation or retirement. For purposes of this
22	22	subsection:
23	23	(1) "Honorably discharged" means a license holder who,
24	24	while in good standing and not because of pending or final
25	25	disciplinary actions or a documented performance problem, retired,
26	26	resigned, or separated from employment with or died while employed
27	27	by a law enforcement agency.
28	28	(2) "Generally discharged" means a license holder who:
29	29	(A) was terminated by, retired or resigned from,
30	30	or died while in the employ of a law enforcement agency and the
31	31	separation was related to a disciplinary investigation of conduct
32	32	that is not included in the definition of dishonorably discharged;
33	33	or
34	34	(B) was terminated by or retired or resigned from
35	35	a law enforcement agency and the separation was for a documented
36	36	performance problem and was not because of a reduction in workforce
37	37	or an at-will employment decision.
38	38	(3) "Dishonorably discharged" means a license holder
39	39	who:
40	40	(A) was terminated by a law enforcement agency or
41	41	retired or resigned in lieu of termination by the agency in relation
42	42	to:
43	43	(i) allegations of criminal misconduct; or
44	44	(ii) conduct described by Section
45	45	1701.5015(b); or
46	46	(B) was terminated by a law enforcement agency or
47	47	retired or resigned in lieu of termination by the agency for
48	48	insubordination or untruthfulness.
49	49	SECTION 2. Section 1701.4521(a), Occupations Code, is
50	50	amended to read as follows:
51	51	(a) The commission shall suspend the license of an officer
52	52	licensed under this chapter on notification that the officer has
53	53	been dishonorably discharged [if the officer has previously been
54	54	dishonorably discharged from another law enforcement agency].
55	55	SECTION 3. The heading to Subchapter K, Chapter 1701,
56	56	Occupations Code, is amended to read as follows:
57	57	SUBCHAPTER K. DISCIPLINARY GROUNDS AND PROCEDURES
58	58	SECTION 4. Subchapter K, Chapter 1701, Occupations Code, is
59	59	amended by adding Section 1701.5015 to read as follows:
60	60	Sec. 1701.5015. CERTAIN GROUNDS FOR DISCIPLINE OF OFFICER.
61	61	(a) The commission by rule shall establish grounds under which the
62	62	commission shall suspend or revoke an officer license on a
63	63	determination by the commission that the license holder's continued
64	64	performance of duties as an officer constitutes a threat to the
65	65	public welfare.
66	66	(b) The grounds under Subsection (a) must include:
67	67	(1) lack of competence in performing the license
68	68	holder's duties as an officer;
69	69	(2) illegal drug use or an addiction that
70	70	substantially impairs the license holder's ability to perform the
71	71	license holder's duties as an officer;
72	72	(3) lack of truthfulness in court proceedings or other
73	73	governmental operations, including:
74	74	(A) making a false statement in an offense report
75	75	or other report as part of an investigation;
76	76	(B) making a false statement to obtain employment
77	77	as an officer;
78	78	(C) making a false entry in court records or
79	79	tampering with evidence, regardless of whether the license holder
80	80	is prosecuted or convicted for the false entry or tampering; or
81	81	(D) engaging in conduct designed to impair the
82	82	results or procedure of an examination or testing process
83	83	associated with obtaining employment as an officer or a promotion
84	84	to a higher rank;
85	85	(4) failure to follow the lawful directives of a
86	86	supervising officer or to follow the policies of the employing law
87	87	enforcement agency;
88	88	(5) discriminatory conduct, including engaging in a
89	89	course of conduct or a single egregious act, based on the race,
90	90	color, religion, sex, pregnancy, national origin, age, disability,
91	91	or sexual orientation of another that would cause a reasonable
92	92	person to believe that the license holder is unable to perform the
93	93	license holder's duties as an officer in a fair manner; or
94	94	(6) conduct indicating a pattern of:
95	95	(A) excessive use of force;
96	96	(B) abuse of official capacity;
97	97	(C) inappropriate relationships with persons in
98	98	the custody of the license holder;
99	99	(D) sexual harassment or sexual misconduct while
100	100	performing the license holder's duties as an officer; or
101	101	(E) misuse of information obtained as a result of
102	102	the license holder's employment as an officer and related to the
103	103	enforcement of criminal offenses.
104	104	SECTION 5. Not later than January 1, 2022, the Texas
105	105	Commission on Law Enforcement shall adopt the rules required by
106	106	Section 1701.5015, Occupations Code, as added by this Act.
107	107	SECTION 6. Section 1701.5015, Occupations Code, as added by
108	108	this Act, applies only to conduct that occurs on or after January 1,
109	109	2022. Conduct that occurs before January 1, 2022, is governed by
110	110	the law in effect immediately before the effective date of this Act,
111	111	and the former law is continued in effect for that purpose.
112	112	SECTION 7. This Act takes effect September 1, 2021.