| 1 | 1 | | 87R938 JCG-D |
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| 2 | 2 | | By: Deshotel H.B. No. 4463 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain complaints against and training for peace |
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| 8 | 8 | | officers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Subchapter B, Chapter 614, |
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| 11 | 11 | | Government Code, is amended to read as follows: |
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| 12 | 12 | | SUBCHAPTER B. COMPLAINT AGAINST CERTAIN LAW ENFORCEMENT OFFICERS |
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| 13 | 13 | | [OFFICER] OR FIRE FIGHTERS [FIGHTER] |
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| 14 | 14 | | SECTION 2. Chapter 614, Government Code, is amended by |
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| 15 | 15 | | adding Subchapter B-1 to read as follows: |
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| 16 | 16 | | SUBCHAPTER B-1. COMPLAINTS AGAINST PEACE OFFICERS |
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| 17 | 17 | | Sec. 614.031. DEFINITION. In this subchapter, "law |
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| 18 | 18 | | enforcement agency" means an agency of this state or an agency of a |
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| 19 | 19 | | political subdivision of this state authorized by law to employ |
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| 20 | 20 | | peace officers. |
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| 21 | 21 | | Sec. 614.032. RETENTION OF COMPLAINTS. Notwithstanding any |
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| 22 | 22 | | other law, a law enforcement agency shall retain a copy of each |
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| 23 | 23 | | written complaint filed against a peace officer until at least the |
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| 24 | 24 | | fifth anniversary of the date of the officer's separation from |
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| 25 | 25 | | employment with the agency. |
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| 26 | 26 | | Sec. 614.033. REPORTING OF CERTAIN COMPLAINTS TO TEXAS |
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| 27 | 27 | | COMMISSION ON LAW ENFORCEMENT. The head of a law enforcement agency |
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| 28 | 28 | | shall report each written complaint filed against a peace officer |
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| 29 | 29 | | that alleges the officer engaged in racial profiling or racially |
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| 30 | 30 | | discriminatory misconduct to the Texas Commission on Law |
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| 31 | 31 | | Enforcement not later than the 15th day after the date the complaint |
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| 32 | 32 | | is filed. |
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| 33 | 33 | | SECTION 3. Subchapter F, Chapter 1701, Occupations Code, is |
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| 34 | 34 | | amended by adding Section 1701.269 to read as follows: |
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| 35 | 35 | | Sec. 1701.269. RACIAL PROFILING AND CULTURAL DIVERSITY |
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| 36 | 36 | | TRAINING PROGRAM. (a) The commission shall establish a training |
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| 37 | 37 | | program on racial profiling and cultural diversity. The program |
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| 38 | 38 | | must consist of not less than 48 hours of classroom instruction, |
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| 39 | 39 | | designed to be completed in increments in accordance with |
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| 40 | 40 | | Subsection (c). |
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| 41 | 41 | | (b) The commission shall maintain a record of the number of |
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| 42 | 42 | | complaints regarding a peace officer that have been reported to the |
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| 43 | 43 | | commission under Section 614.033, Government Code, in a 12-month |
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| 44 | 44 | | period. |
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| 45 | 45 | | (c) The commission shall require a peace officer with |
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| 46 | 46 | | respect to whom 10 or more complaints have been reported in a |
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| 47 | 47 | | 12-month period to complete the applicable number of hours of |
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| 48 | 48 | | training as follows: |
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| 49 | 49 | | (1) for an officer who has 10 or more but fewer than 20 |
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| 50 | 50 | | complaints, 16 hours; |
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| 51 | 51 | | (2) for an officer who has 20 or more but fewer than 30 |
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| 52 | 52 | | complaints, the number of hours required under Subdivision (1) plus |
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| 53 | 53 | | an additional 16 hours; and |
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| 54 | 54 | | (3) for an officer who has 30 or more complaints, the |
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| 55 | 55 | | number of hours required under Subdivision (2) plus an additional |
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| 56 | 56 | | 16 hours. |
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| 57 | 57 | | SECTION 4. Section 1701.451, Occupations Code, is amended |
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| 58 | 58 | | by adding Subsections (d), (e), and (f) to read as follows: |
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| 59 | 59 | | (d) A law enforcement agency that makes a person's |
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| 60 | 60 | | employment records available under Subsection (a-1) to another law |
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| 61 | 61 | | enforcement agency shall provide a copy of the records to the |
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| 62 | 62 | | person. |
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| 63 | 63 | | (e) A hiring law enforcement agency that reviews a person's |
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| 64 | 64 | | employment records from another law enforcement agency under this |
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| 65 | 65 | | section must, before the hiring agency makes a determination |
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| 66 | 66 | | regarding the person's employment, provide the person an |
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| 67 | 67 | | opportunity to comment on the content of the records in the manner |
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| 68 | 68 | | prescribed by the hiring agency. |
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| 69 | 69 | | (f) A complaint required to be retained under Section |
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| 70 | 70 | | 614.032, Government Code, is an employment record for purposes of |
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| 71 | 71 | | this section. |
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| 72 | 72 | | SECTION 5. Not later than January 1, 2022, the Texas |
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| 73 | 73 | | Commission on Law Enforcement shall establish the training program |
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| 74 | 74 | | required by Section 1701.269, Occupations Code, as added by this |
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| 75 | 75 | | Act. |
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| 76 | 76 | | SECTION 6. Subchapter B-1, Chapter 614, Government Code, as |
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| 77 | 77 | | added by this Act, applies only to a complaint filed with a law |
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| 78 | 78 | | enforcement agency on or after January 1, 2022. A complaint filed |
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| 79 | 79 | | before January 1, 2022, is governed by the law in effect immediately |
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| 80 | 80 | | before the effective date of this Act, and the former law is |
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| 81 | 81 | | continued in effect for that purpose. |
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| 82 | 82 | | SECTION 7. This Act takes effect September 1, 2021. |
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