TX
Texas House Bill HB3723

Texas 2021 - 87th Regular

Texas House Bill HB3723 Compare Versions

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11 87R8809 MAW-D
22 By: Crockett H.B. No. 3723
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to misconduct and standards of conduct applicable to
88 certain persons licensed by the Texas Commission on Law
99 Enforcement.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Chapter 2, Code of Criminal Procedure, is
1212 amended by adding Articles 2.1397 and 2.1398 to read as follows:
1313 Art. 2.1397. PEACE OFFICER AND JAILER STANDARDS OF CONDUCT.
1414 (a) In this article, "law enforcement agency" means an agency of
1515 the state or an agency of a political subdivision of the state
1616 authorized by law to employ peace officers. The term includes a
1717 sheriff.
1818 (b) Each law enforcement agency in this state shall adopt
1919 the standards of conduct for peace officers or county jailers, as
2020 applicable, developed by the Texas Commission on Law Enforcement
2121 under Section 1701.166, Occupations Code.
2222 (c) A law enforcement agency may tailor the contents of the
2323 applicable standards as necessary based on the agency's size,
2424 jurisdiction, and resources.
2525 Art. 2.1398. DUTIES OF LAW ENFORCEMENT AGENCY REGARDING
2626 MISCONDUCT. (a) In this article, "law enforcement agency" means an
2727 agency of the state or an agency of a political subdivision of the
2828 state authorized by law to employ peace officers. The term includes
2929 a sheriff.
3030 (b) The chief administrator of a law enforcement agency in
3131 this state shall report to the Texas Commission on Law Enforcement
3232 each allegation that a person licensed under Chapter 1701,
3333 Occupations Code, and employed by the agency engaged in any
3434 improper or unlawful acts, including:
3535 (1) being convicted of, placed on deferred
3636 adjudication for, or entering a plea of guilty or nolo contendere to
3737 any offense other than a misdemeanor punishable by fine only;
3838 (2) engaging in conduct that would constitute any
3939 offense other than a misdemeanor punishable by fine only;
4040 (3) falsifying a police report or evidence in a
4141 criminal investigation;
4242 (4) destroying evidence in a criminal investigation;
4343 (5) using excessive force on multiple occasions;
4444 (6) accepting a bribe;
4545 (7) engaging in fraud;
4646 (8) unlawfully using a controlled substance;
4747 (9) engaging in an act for which the officer is liable
4848 under 42 U.S.C. Section 1983;
4949 (10) committing perjury;
5050 (11) making, submitting, or filing, or causing to be
5151 submitted or filed, a false report to the Texas Commission on Law
5252 Enforcement;
5353 (12) misusing an official position or
5454 misappropriating property;
5555 (13) engaging in an unprofessional relationship with
5656 an individual arrested or detained, or in the custody of a
5757 correctional facility;
5858 (14) committing sexual harassment involving physical
5959 contact; or
6060 (15) misusing criminal history record information.
6161 (c) A report required under Subsection (b) must be in
6262 writing on a form prescribed by the Texas Commission on Law
6363 Enforcement and submitted not later than the 15th day after the date
6464 the law enforcement agency is made aware of the allegation.
6565 (d) The chief administrator of the law enforcement agency
6666 shall update any report submitted under Subsection (b) after the
6767 agency's investigation into the allegation is concluded. The
6868 updated report must include any disciplinary action taken against
6969 the license holder, including whether the license holder was
7070 terminated or if the license holder resigned, retired, or separated
7171 in lieu of termination.
7272 (e) On a finding by the Texas Commission on Law Enforcement
7373 that the chief administrator of a law enforcement agency
7474 intentionally failed to submit a report required under Subsection
7575 (b), the commission shall begin disciplinary proceedings against
7676 the chief administrator.
7777 SECTION 2. Section 1701.151, Occupations Code, is amended
7878 to read as follows:
7979 Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING
8080 AUTHORITY. The commission may:
8181 (1) adopt rules for the administration of this chapter
8282 and for the commission's internal management and control;
8383 (2) establish minimum standards relating to
8484 competence and reliability, including education, training,
8585 physical, mental, and moral standards, for licensing as an officer,
8686 county jailer, public security officer, or telecommunicator;
8787 (3) report to the governor and legislature on the
8888 commission's activities, with recommendations on matters under the
8989 commission's jurisdiction, and make other reports that the
9090 commission considers desirable;
9191 (4) require a state agency or a county, special
9292 district, or municipality in this state that employs officers,
9393 telecommunicators, or county jailers to submit reports and
9494 information;
9595 (5) contract as the commission considers necessary for
9696 services, facilities, studies, and reports required for:
9797 (A) cooperation with municipal, county, special
9898 district, state, and federal law enforcement agencies in training
9999 programs; and
100100 (B) performance of the commission's other
101101 functions, including the operation of the database under Section
102102 1701.165; and
103103 (6) conduct research and stimulate research by public
104104 and private agencies to improve law enforcement and police
105105 administration.
106106 SECTION 3. Subchapter D, Chapter 1701, Occupations Code, is
107107 amended by adding Sections 1701.165 and 1701.166 to read as
108108 follows:
109109 Sec. 1701.165. DATABASE OF LICENSE HOLDER MISCONDUCT. (a)
110110 The commission shall establish an electronic database for
111111 information concerning license holder misconduct to provide for the
112112 collection and analysis of information by the commission. The
113113 commission shall:
114114 (1) allow law enforcement agencies in this state to
115115 electronically access the database for purposes of obtaining
116116 information related to the following concerning a license holder:
117117 (A) hiring;
118118 (B) disciplinary actions;
119119 (C) resignations or terminations; and
120120 (D) certification and training;
121121 (2) adopt policies and procedures under which
122122 specified personnel of a law enforcement agency may access the
123123 database for a purpose described by Subdivision (1), including
124124 establishing qualifications for access; and
125125 (3) distribute the policies and procedures adopted
126126 under Subdivision (2) to law enforcement agencies in this state.
127127 (b) The commission shall include in the database reports
128128 submitted to the commission under Article 2.1398, Code of Criminal
129129 Procedure.
130130 (c) The commission shall prescribe and make available to law
131131 enforcement agencies in this state a form to be used for submitting
132132 a report of an allegation of misconduct to the database. The form
133133 must require the law enforcement agency to report:
134134 (1) the license holder's:
135135 (A) date of hire;
136136 (B) position; and
137137 (C) identifying characteristics; and
138138 (2) detailed information concerning:
139139 (A) the nature of the misconduct; and
140140 (B) the disposition of the allegation.
141141 (d) The commission is not liable for civil damages for
142142 providing information contained in the database if the commission
143143 released the information as provided by this section and the
144144 procedures adopted by the commission under this section. A law
145145 enforcement agency, agency head, or other law enforcement official
146146 is not liable for civil damages for submitting a report to the
147147 database if the report is made in good faith.
148148 (e) Any allegation of misconduct reported to the database is
149149 not considered final until all applicable appeals have been
150150 exhausted or waived by the license holder named in the allegation.
151151 (f) The commission shall adopt appropriate measures to
152152 ensure the security of the database in accordance with applicable
153153 state or federal laws or rules.
154154 (g) Information maintained in the database is confidential
155155 and not subject to disclosure under Chapter 552, Government Code.
156156 Sec. 1701.166. STANDARDS OF CONDUCT. (a) The commission by
157157 rule shall prescribe standards of conduct for officers, county
158158 jailers, and school marshals.
159159 (b) The standards of conduct must establish best practices
160160 with respect to the following as appropriate for the type of
161161 license:
162162 (1) professionalism;
163163 (2) sexual harassment;
164164 (3) sexual assault;
165165 (4) domestic violence;
166166 (5) any criminal offense against a minor;
167167 (6) the use of alcohol or controlled substances;
168168 (7) the use of force;
169169 (8) the use of tactical teams;
170170 (9) the use of invasive surveillance techniques;
171171 (10) the use of brief, noninvasive stops of persons
172172 suspected of committing an offense;
173173 (11) arrests;
174174 (12) the issuance of citations in lieu of arrest for
175175 misdemeanor offenses punishable by fine only;
176176 (13) the release of recordings taken by body worn
177177 cameras; and
178178 (14) the conduct of interrogations of persons
179179 suspected of committing an offense.
180180 (c) In adopting the standards of conduct, the commission
181181 shall ensure members of the public are given an opportunity to
182182 provide input.
183183 (d) The commission shall make the standards of conduct and
184184 any associated training materials available on the commission's
185185 Internet website.
186186 (e) The commission shall biennially review and update the
187187 standards of conduct as necessary.
188188 (f) Not later than December 1 of each year, the commission
189189 shall submit a report regarding the standards of conduct to the
190190 governor, the lieutenant governor, the speaker of the house of
191191 representatives, and each standing committee of the legislature
192192 with primary jurisdiction over the commission or criminal justice
193193 matters. The report must include:
194194 (1) information regarding the extent to which law
195195 enforcement agencies have adopted and implemented the standards of
196196 conduct; and
197197 (2) any legislative recommendations necessary to
198198 ensure uniform implementation of the standards.
199199 SECTION 4. The heading to Section 1701.451, Occupations
200200 Code, is amended to read as follows:
201201 Sec. 1701.451. DUTIES OF LAW ENFORCEMENT AGENCY SEEKING TO
202202 HIRE LICENSE HOLDER [PREEMPLOYMENT REQUEST FOR EMPLOYMENT
203203 TERMINATION REPORT AND SUBMISSION OF BACKGROUND CHECK CONFIRMATION
204204 FORM].
205205 SECTION 5. Section 1701.451(a), Occupations Code, is
206206 amended to read as follows:
207207 (a) Before a law enforcement agency may hire a person
208208 licensed under this chapter, the agency head or the agency head's
209209 designee must:
210210 (1) make a request to the commission for any
211211 employment termination report regarding the person that is
212212 maintained by the commission under this subchapter; [and]
213213 (2) review any information regarding the person that
214214 is maintained in the database under Section 1701.165; and
215215 (3) submit to the commission on the form prescribed by
216216 the commission confirmation that the agency:
217217 (A) conducted in the manner prescribed by the
218218 commission a criminal background check regarding the person;
219219 (B) obtained the person's written consent on a
220220 form prescribed by the commission for the agency to view the
221221 person's employment records;
222222 (C) obtained from the commission any service or
223223 education records regarding the person maintained by the
224224 commission; [and]
225225 (D) contacted each of the person's previous law
226226 enforcement employers; and
227227 (E) reviewed the information in the database as
228228 required by Subdivision (2).
229229 SECTION 6. Not later than January 1, 2022, the Texas
230230 Commission on Law Enforcement shall:
231231 (1) adopt rules and standards of conduct and prescribe
232232 forms necessary to implement the changes in law made by this Act;
233233 and
234234 (2) establish the database required by Section
235235 1701.165, Occupations Code, as added by this Act.
236236 SECTION 7. Section 1701.451(a), Occupations Code, as
237237 amended by this Act, applies only with respect to a person hired on
238238 or after January 1, 2022. A person hired before January 1, 2022, is
239239 governed by the law in effect immediately before the effective date
240240 of this Act, and the former law is continued in effect for that
241241 purpose.
242242 SECTION 8. (a) Not later than February 1, 2022, the Texas
243243 Commission on Law Enforcement shall submit to the governor, the
244244 lieutenant governor, the speaker of the house of representatives,
245245 and each standing committee of the legislature with primary
246246 jurisdiction over the commission or criminal justice matters a
247247 report on the standards of conduct adopted under Section 1701.166,
248248 Occupations Code, as added by this Act. The report must include
249249 information related to the development of the standards and the
250250 steps the commission has taken to make the standards available to
251251 law enforcement agencies in this state.
252252 (b) The Texas Commission on Law Enforcement shall submit its
253253 first report under Section 1701.166(f), Occupations Code, as added
254254 by this Act, not later than December 1, 2022.
255255 SECTION 9. Not later than March 1, 2022, each law
256256 enforcement agency in this state shall adopt the applicable
257257 standards of conduct required by Article 2.1397, Code of Criminal
258258 Procedure, as added by this Act.
259259 SECTION 10. This Act takes effect September 1, 2021.