| 1 | 1 | | By: Deshotel H.B. No. 4468 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to certain grounds for revocation of a peace officer |
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| 7 | 7 | | license. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. The heading to Subchapter K, Chapter 1701, |
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| 10 | 10 | | Occupations Code, is amended to read as follows: |
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| 11 | 11 | | SUBCHAPTER K. DISCIPLINARY GROUNDS AND PROCEDURES |
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| 12 | 12 | | SECTION 2. Subchapter K, Chapter 1701, Occupations Code, is |
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| 13 | 13 | | amended by adding Section 1701.5015 and 1701.5016 to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | Sec. 1701.5015. CERTAIN GROUNDS FOR REVOCATION OF PEACE |
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| 16 | 16 | | OFFICER LICENSE. (a) The commission shall revoke the license of a |
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| 17 | 17 | | peace officer if the commission determines that the officer: |
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| 18 | 18 | | (1) has participated in a riot or an insurrection |
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| 19 | 19 | | against the United States or this state; or |
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| 20 | 20 | | (2) has been convicted of an offense under Section |
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| 21 | 21 | | 557.001, 557.011, or 557.012, Government Code, or Section 42.02, |
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| 22 | 22 | | Penal Code. |
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| 23 | 23 | | (b) A person whose license has been revoked under this |
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| 24 | 24 | | section is disqualified from receiving any license issued under |
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| 25 | 25 | | this chapter. |
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| 26 | 26 | | Sec. 1701.5016. CERTAIN GROUNDS FOR DISCIPLINE OF OFFICER. |
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| 27 | 27 | | (a) The commission by rule shall establish grounds under which the |
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| 28 | 28 | | commission shall suspend or revoke an officer license on a |
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| 29 | 29 | | determination by the commission that the license holder's continued |
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| 30 | 30 | | performance of duties as an officer constitutes a threat to the |
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| 31 | 31 | | public welfare. |
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| 32 | 32 | | (b) The grounds under Subsection (a) must include: |
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| 33 | 33 | | (1) lack of competence in performing the license |
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| 34 | 34 | | holder's duties as an officer; |
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| 35 | 35 | | (2) illegal drug use or an addiction that |
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| 36 | 36 | | substantially impairs the license holder's ability to perform the |
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| 37 | 37 | | license holder's duties as an officer; |
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| 38 | 38 | | (3) lack of truthfulness in court proceedings or other |
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| 39 | 39 | | governmental operations, including: |
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| 40 | 40 | | (A) making a false statement in an offense report |
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| 41 | 41 | | or other report as part of an investigation; |
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| 42 | 42 | | (B) making a false statement to obtain employment |
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| 43 | 43 | | as an officer; |
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| 44 | 44 | | (C) making a false entry in court records or |
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| 45 | 45 | | tampering with evidence, regardless of whether the license holder |
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| 46 | 46 | | is prosecuted or convicted for the false entry or tampering; or |
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| 47 | 47 | | (D) engaging in conduct designed to impair the |
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| 48 | 48 | | results or procedure of an examination or testing process |
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| 49 | 49 | | associated with obtaining employment as an officer or a promotion |
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| 50 | 50 | | to a higher rank; |
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| 51 | 51 | | (4) failure to follow the lawful directives of a |
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| 52 | 52 | | supervising officer or to follow the policies of the employing law |
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| 53 | 53 | | enforcement agency; |
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| 54 | 54 | | (5) discriminatory conduct, including engaging in a |
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| 55 | 55 | | course of conduct or a single egregious act, based on the race, |
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| 56 | 56 | | color, religion, sex, pregnancy, national origin, age, disability, |
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| 57 | 57 | | or sexual orientation of another that would cause a reasonable |
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| 58 | 58 | | person to believe the license holder is unable to perform the |
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| 59 | 59 | | license holder's duties as an officer in a fair manner; or |
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| 60 | 60 | | (6) conduct indicating a pattern of: |
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| 61 | 61 | | (A) excessive use of force; |
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| 62 | 62 | | (B) abuse of official capacity; |
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| 63 | 63 | | (C) inappropriate relationships with persons in |
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| 64 | 64 | | the custody of the license holder; |
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| 65 | 65 | | (D) sexual harassment or sexual misconduct while |
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| 66 | 66 | | performing the license holder's duties as an officer; or |
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| 67 | 67 | | (E) misuse of information obtained as a result of |
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| 68 | 68 | | the license holder's employment as an officer and related to the |
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| 69 | 69 | | enforcement of criminal offenses. |
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| 70 | 70 | | SECTION 3. Not later than January 1, 2022, the Texas |
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| 71 | 71 | | Commission on Law Enforcement shall adopt the rules required by |
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| 72 | 72 | | Section 1701.5015 and 1701.5016, Occupations Code, as added by this |
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| 73 | 73 | | Act. |
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| 74 | 74 | | SECTION 4. Section 1701.5015 and 1701.5016, Occupations |
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| 75 | 75 | | Code, as added by this Act, applies only to conduct that occurs on |
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| 76 | 76 | | or after January 1, 2022. Conduct that occurs before January 1, |
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| 77 | 77 | | 2022, is governed by the law in effect immediately before the |
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| 78 | 78 | | effective date of this Act, and the former law is continued in |
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| 79 | 79 | | effect for that purpose. |
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| 80 | 80 | | SECTION 5. This Act takes effect September 1, 2021. |
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