87R8809 MAW-D
By: Crockett H.B. No. 3723
A BILL TO BE ENTITLED
AN ACT
relating to misconduct and standards of conduct applicable to
certain persons licensed by the Texas Commission on Law
Enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Articles 2.1397 and 2.1398 to read as follows:
Art. 2.1397. PEACE OFFICER AND JAILER STANDARDS OF CONDUCT.
(a) In this article, "law enforcement agency" means an agency of
the state or an agency of a political subdivision of the state
authorized by law to employ peace officers. The term includes a
sheriff.
(b) Each law enforcement agency in this state shall adopt
the standards of conduct for peace officers or county jailers, as
applicable, developed by the Texas Commission on Law Enforcement
under Section 1701.166, Occupations Code.
(c) A law enforcement agency may tailor the contents of the
applicable standards as necessary based on the agency's size,
jurisdiction, and resources.
Art. 2.1398. DUTIES OF LAW ENFORCEMENT AGENCY REGARDING
MISCONDUCT. (a) In this article, "law enforcement agency" means an
agency of the state or an agency of a political subdivision of the
state authorized by law to employ peace officers. The term includes
a sheriff.
(b) The chief administrator of a law enforcement agency in
this state shall report to the Texas Commission on Law Enforcement
each allegation that a person licensed under Chapter 1701,
Occupations Code, and employed by the agency engaged in any
improper or unlawful acts, including:
(1) being convicted of, placed on deferred
adjudication for, or entering a plea of guilty or nolo contendere to
any offense other than a misdemeanor punishable by fine only;
(2) engaging in conduct that would constitute any
offense other than a misdemeanor punishable by fine only;
(3) falsifying a police report or evidence in a
criminal investigation;
(4) destroying evidence in a criminal investigation;
(5) using excessive force on multiple occasions;
(6) accepting a bribe;
(7) engaging in fraud;
(8) unlawfully using a controlled substance;
(9) engaging in an act for which the officer is liable
under 42 U.S.C. Section 1983;
(10) committing perjury;
(11) making, submitting, or filing, or causing to be
submitted or filed, a false report to the Texas Commission on Law
Enforcement;
(12) misusing an official position or
misappropriating property;
(13) engaging in an unprofessional relationship with
an individual arrested or detained, or in the custody of a
correctional facility;
(14) committing sexual harassment involving physical
contact; or
(15) misusing criminal history record information.
(c) A report required under Subsection (b) must be in
writing on a form prescribed by the Texas Commission on Law
Enforcement and submitted not later than the 15th day after the date
the law enforcement agency is made aware of the allegation.
(d) The chief administrator of the law enforcement agency
shall update any report submitted under Subsection (b) after the
agency's investigation into the allegation is concluded. The
updated report must include any disciplinary action taken against
the license holder, including whether the license holder was
terminated or if the license holder resigned, retired, or separated
in lieu of termination.
(e) On a finding by the Texas Commission on Law Enforcement
that the chief administrator of a law enforcement agency
intentionally failed to submit a report required under Subsection
(b), the commission shall begin disciplinary proceedings against
the chief administrator.
SECTION 2. Section 1701.151, Occupations Code, is amended
to read as follows:
Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING
AUTHORITY. The commission may:
(1) adopt rules for the administration of this chapter
and for the commission's internal management and control;
(2) establish minimum standards relating to
competence and reliability, including education, training,
physical, mental, and moral standards, for licensing as an officer,
county jailer, public security officer, or telecommunicator;
(3) report to the governor and legislature on the
commission's activities, with recommendations on matters under the
commission's jurisdiction, and make other reports that the
commission considers desirable;
(4) require a state agency or a county, special
district, or municipality in this state that employs officers,
telecommunicators, or county jailers to submit reports and
information;
(5) contract as the commission considers necessary for
services, facilities, studies, and reports required for:
(A) cooperation with municipal, county, special
district, state, and federal law enforcement agencies in training
programs; and
(B) performance of the commission's other
functions, including the operation of the database under Section
1701.165; and
(6) conduct research and stimulate research by public
and private agencies to improve law enforcement and police
administration.
SECTION 3. Subchapter D, Chapter 1701, Occupations Code, is
amended by adding Sections 1701.165 and 1701.166 to read as
follows:
Sec. 1701.165. DATABASE OF LICENSE HOLDER MISCONDUCT. (a)
The commission shall establish an electronic database for
information concerning license holder misconduct to provide for the
collection and analysis of information by the commission. The
commission shall:
(1) allow law enforcement agencies in this state to
electronically access the database for purposes of obtaining
information related to the following concerning a license holder:
(A) hiring;
(B) disciplinary actions;
(C) resignations or terminations; and
(D) certification and training;
(2) adopt policies and procedures under which
specified personnel of a law enforcement agency may access the
database for a purpose described by Subdivision (1), including
establishing qualifications for access; and
(3) distribute the policies and procedures adopted
under Subdivision (2) to law enforcement agencies in this state.
(b) The commission shall include in the database reports
submitted to the commission under Article 2.1398, Code of Criminal
Procedure.
(c) The commission shall prescribe and make available to law
enforcement agencies in this state a form to be used for submitting
a report of an allegation of misconduct to the database. The form
must require the law enforcement agency to report:
(1) the license holder's:
(A) date of hire;
(B) position; and
(C) identifying characteristics; and
(2) detailed information concerning:
(A) the nature of the misconduct; and
(B) the disposition of the allegation.
(d) The commission is not liable for civil damages for
providing information contained in the database if the commission
released the information as provided by this section and the
procedures adopted by the commission under this section. A law
enforcement agency, agency head, or other law enforcement official
is not liable for civil damages for submitting a report to the
database if the report is made in good faith.
(e) Any allegation of misconduct reported to the database is
not considered final until all applicable appeals have been
exhausted or waived by the license holder named in the allegation.
(f) The commission shall adopt appropriate measures to
ensure the security of the database in accordance with applicable
state or federal laws or rules.
(g) Information maintained in the database is confidential
and not subject to disclosure under Chapter 552, Government Code.
Sec. 1701.166. STANDARDS OF CONDUCT. (a) The commission by
rule shall prescribe standards of conduct for officers, county
jailers, and school marshals.
(b) The standards of conduct must establish best practices
with respect to the following as appropriate for the type of
license:
(1) professionalism;
(2) sexual harassment;
(3) sexual assault;
(4) domestic violence;
(5) any criminal offense against a minor;
(6) the use of alcohol or controlled substances;
(7) the use of force;
(8) the use of tactical teams;
(9) the use of invasive surveillance techniques;
(10) the use of brief, noninvasive stops of persons
suspected of committing an offense;
(11) arrests;
(12) the issuance of citations in lieu of arrest for
misdemeanor offenses punishable by fine only;
(13) the release of recordings taken by body worn
cameras; and
(14) the conduct of interrogations of persons
suspected of committing an offense.
(c) In adopting the standards of conduct, the commission
shall ensure members of the public are given an opportunity to
provide input.
(d) The commission shall make the standards of conduct and
any associated training materials available on the commission's
Internet website.
(e) The commission shall biennially review and update the
standards of conduct as necessary.
(f) Not later than December 1 of each year, the commission
shall submit a report regarding the standards of conduct to the
governor, the lieutenant governor, the speaker of the house of
representatives, and each standing committee of the legislature
with primary jurisdiction over the commission or criminal justice
matters. The report must include:
(1) information regarding the extent to which law
enforcement agencies have adopted and implemented the standards of
conduct; and
(2) any legislative recommendations necessary to
ensure uniform implementation of the standards.
SECTION 4. The heading to Section 1701.451, Occupations
Code, is amended to read as follows:
Sec. 1701.451. DUTIES OF LAW ENFORCEMENT AGENCY SEEKING TO
HIRE LICENSE HOLDER [PREEMPLOYMENT REQUEST FOR EMPLOYMENT
TERMINATION REPORT AND SUBMISSION OF BACKGROUND CHECK CONFIRMATION
FORM].
SECTION 5. Section 1701.451(a), Occupations Code, is
amended to read as follows:
(a) Before a law enforcement agency may hire a person
licensed under this chapter, the agency head or the agency head's
designee must:
(1) make a request to the commission for any
employment termination report regarding the person that is
maintained by the commission under this subchapter; [and]
(2) review any information regarding the person that
is maintained in the database under Section 1701.165; and
(3) submit to the commission on the form prescribed by
the commission confirmation that the agency:
(A) conducted in the manner prescribed by the
commission a criminal background check regarding the person;
(B) obtained the person's written consent on a
form prescribed by the commission for the agency to view the
person's employment records;
(C) obtained from the commission any service or
education records regarding the person maintained by the
commission; [and]
(D) contacted each of the person's previous law
enforcement employers; and
(E) reviewed the information in the database as
required by Subdivision (2).
SECTION 6. Not later than January 1, 2022, the Texas
Commission on Law Enforcement shall:
(1) adopt rules and standards of conduct and prescribe
forms necessary to implement the changes in law made by this Act;
and
(2) establish the database required by Section
1701.165, Occupations Code, as added by this Act.
SECTION 7. Section 1701.451(a), Occupations Code, as
amended by this Act, applies only with respect to a person hired on
or after January 1, 2022. A person hired before January 1, 2022, is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 8. (a) Not later than February 1, 2022, the Texas
Commission on Law Enforcement shall submit to the governor, the
lieutenant governor, the speaker of the house of representatives,
and each standing committee of the legislature with primary
jurisdiction over the commission or criminal justice matters a
report on the standards of conduct adopted under Section 1701.166,
Occupations Code, as added by this Act. The report must include
information related to the development of the standards and the
steps the commission has taken to make the standards available to
law enforcement agencies in this state.
(b) The Texas Commission on Law Enforcement shall submit its
first report under Section 1701.166(f), Occupations Code, as added
by this Act, not later than December 1, 2022.
SECTION 9. Not later than March 1, 2022, each law
enforcement agency in this state shall adopt the applicable
standards of conduct required by Article 2.1397, Code of Criminal
Procedure, as added by this Act.
SECTION 10. This Act takes effect September 1, 2021.