87R938 JCG-D
By: Deshotel H.B. No. 4463
A BILL TO BE ENTITLED
AN ACT
relating to certain complaints against and training for peace
officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter B, Chapter 614,
Government Code, is amended to read as follows:
SUBCHAPTER B. COMPLAINT AGAINST CERTAIN LAW ENFORCEMENT OFFICERS
[OFFICER] OR FIRE FIGHTERS [FIGHTER]
SECTION 2. Chapter 614, Government Code, is amended by
adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. COMPLAINTS AGAINST PEACE OFFICERS
Sec. 614.031. DEFINITION. In this subchapter, "law
enforcement agency" means an agency of this state or an agency of a
political subdivision of this state authorized by law to employ
peace officers.
Sec. 614.032. RETENTION OF COMPLAINTS. Notwithstanding any
other law, a law enforcement agency shall retain a copy of each
written complaint filed against a peace officer until at least the
fifth anniversary of the date of the officer's separation from
employment with the agency.
Sec. 614.033. REPORTING OF CERTAIN COMPLAINTS TO TEXAS
COMMISSION ON LAW ENFORCEMENT. The head of a law enforcement agency
shall report each written complaint filed against a peace officer
that alleges the officer engaged in racial profiling or racially
discriminatory misconduct to the Texas Commission on Law
Enforcement not later than the 15th day after the date the complaint
is filed.
SECTION 3. Subchapter F, Chapter 1701, Occupations Code, is
amended by adding Section 1701.269 to read as follows:
Sec. 1701.269. RACIAL PROFILING AND CULTURAL DIVERSITY
TRAINING PROGRAM. (a) The commission shall establish a training
program on racial profiling and cultural diversity. The program
must consist of not less than 48 hours of classroom instruction,
designed to be completed in increments in accordance with
Subsection (c).
(b) The commission shall maintain a record of the number of
complaints regarding a peace officer that have been reported to the
commission under Section 614.033, Government Code, in a 12-month
period.
(c) The commission shall require a peace officer with
respect to whom 10 or more complaints have been reported in a
12-month period to complete the applicable number of hours of
training as follows:
(1) for an officer who has 10 or more but fewer than 20
complaints, 16 hours;
(2) for an officer who has 20 or more but fewer than 30
complaints, the number of hours required under Subdivision (1) plus
an additional 16 hours; and
(3) for an officer who has 30 or more complaints, the
number of hours required under Subdivision (2) plus an additional
16 hours.
SECTION 4. Section 1701.451, Occupations Code, is amended
by adding Subsections (d), (e), and (f) to read as follows:
(d) A law enforcement agency that makes a person's
employment records available under Subsection (a-1) to another law
enforcement agency shall provide a copy of the records to the
person.
(e) A hiring law enforcement agency that reviews a person's
employment records from another law enforcement agency under this
section must, before the hiring agency makes a determination
regarding the person's employment, provide the person an
opportunity to comment on the content of the records in the manner
prescribed by the hiring agency.
(f) A complaint required to be retained under Section
614.032, Government Code, is an employment record for purposes of
this section.
SECTION 5. Not later than January 1, 2022, the Texas
Commission on Law Enforcement shall establish the training program
required by Section 1701.269, Occupations Code, as added by this
Act.
SECTION 6. Subchapter B-1, Chapter 614, Government Code, as
added by this Act, applies only to a complaint filed with a law
enforcement agency on or after January 1, 2022. A complaint filed
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 7. This Act takes effect September 1, 2021.