1 | 1 | | 88R9077 SCP-D |
---|
2 | 2 | | By: Goldman H.B. No. 1530 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to the continuation and functions of the Texas Commission |
---|
8 | 8 | | on Law Enforcement. |
---|
9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
10 | 10 | | SECTION 1. Section 1701.002, Occupations Code, is amended |
---|
11 | 11 | | to read as follows: |
---|
12 | 12 | | Sec. 1701.002. APPLICATION OF SUNSET ACT. The Texas |
---|
13 | 13 | | Commission on Law Enforcement is subject to Chapter 325, Government |
---|
14 | 14 | | Code (Texas Sunset Act). Unless continued in existence as provided |
---|
15 | 15 | | by that chapter, the commission is abolished and this chapter |
---|
16 | 16 | | expires September 1, 2035 [2023]. |
---|
17 | 17 | | SECTION 2. Section 1701.059, Occupations Code, is amended |
---|
18 | 18 | | by amending Subsection (b) and adding Subsection (d) to read as |
---|
19 | 19 | | follows: |
---|
20 | 20 | | (b) The training program must provide the person with |
---|
21 | 21 | | information regarding: |
---|
22 | 22 | | (1) the law governing [legislation that created the] |
---|
23 | 23 | | commission operations; |
---|
24 | 24 | | (2) the programs, functions, rules, and budget of the |
---|
25 | 25 | | commission; |
---|
26 | 26 | | (3) the scope of and limitations on the rulemaking |
---|
27 | 27 | | authority of the commission; |
---|
28 | 28 | | (4) the results of the most recent formal audit of the |
---|
29 | 29 | | commission; |
---|
30 | 30 | | (5) [(4)] the requirements of: |
---|
31 | 31 | | (A) laws relating to open meetings, public |
---|
32 | 32 | | information, administrative procedure, and disclosing conflicts of |
---|
33 | 33 | | interest; and |
---|
34 | 34 | | (B) other laws applicable to members of a state |
---|
35 | 35 | | policy-making body in performing their duties; and |
---|
36 | 36 | | (6) [(5)] any applicable ethics policies adopted by |
---|
37 | 37 | | the commission or the Texas Ethics Commission. |
---|
38 | 38 | | (d) The executive director of the commission shall create a |
---|
39 | 39 | | training manual that includes the information required by |
---|
40 | 40 | | Subsection (b). The executive director shall distribute a copy of |
---|
41 | 41 | | the training manual annually to each member of the commission. Each |
---|
42 | 42 | | commission member shall sign and submit to the executive director a |
---|
43 | 43 | | statement acknowledging that the member received and has reviewed |
---|
44 | 44 | | the training manual. |
---|
45 | 45 | | SECTION 3. Section 1701.151, Occupations Code, is amended |
---|
46 | 46 | | to read as follows: |
---|
47 | 47 | | Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING |
---|
48 | 48 | | AUTHORITY. The commission may: |
---|
49 | 49 | | (1) adopt rules for the administration of this chapter |
---|
50 | 50 | | and for the commission's internal management and control; |
---|
51 | 51 | | (2) establish minimum standards relating to |
---|
52 | 52 | | competence and reliability, including education, training, |
---|
53 | 53 | | physical, and mental[, and moral] standards, for licensing as an |
---|
54 | 54 | | officer, county jailer, public security officer, or |
---|
55 | 55 | | telecommunicator; |
---|
56 | 56 | | (3) report to the governor and legislature on the |
---|
57 | 57 | | commission's activities, with recommendations on matters under the |
---|
58 | 58 | | commission's jurisdiction, and make other reports that the |
---|
59 | 59 | | commission considers desirable; |
---|
60 | 60 | | (4) require a state agency or a county, special |
---|
61 | 61 | | district, or municipality in this state that employs officers, |
---|
62 | 62 | | telecommunicators, or county jailers to submit reports and |
---|
63 | 63 | | information; |
---|
64 | 64 | | (5) contract as the commission considers necessary for |
---|
65 | 65 | | services, facilities, studies, and reports required for: |
---|
66 | 66 | | (A) cooperation with municipal, county, special |
---|
67 | 67 | | district, state, and federal law enforcement agencies in training |
---|
68 | 68 | | programs; and |
---|
69 | 69 | | (B) performance of the commission's other |
---|
70 | 70 | | functions; and |
---|
71 | 71 | | (6) conduct research and stimulate research by public |
---|
72 | 72 | | and private agencies to improve law enforcement and police |
---|
73 | 73 | | administration. |
---|
74 | 74 | | SECTION 4. Section 1701.163, Occupations Code, is amended |
---|
75 | 75 | | to read as follows: |
---|
76 | 76 | | Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT |
---|
77 | 77 | | AGENCIES [INFORMATION PROVIDED BY COMMISSIONING ENTITIES]. [(a) |
---|
78 | 78 | | This section applies only to an entity authorized by statute or by |
---|
79 | 79 | | the constitution to create a law enforcement agency or police |
---|
80 | 80 | | department and commission, appoint, or employ officers that first |
---|
81 | 81 | | creates a law enforcement agency or police department and first |
---|
82 | 82 | | begins to commission, appoint, or employ officers on or after |
---|
83 | 83 | | September 1, 2009. |
---|
84 | 84 | | [(b)] The [entity shall submit to the] commission, with |
---|
85 | 85 | | input from an advisory committee, shall by rule establish minimum |
---|
86 | 86 | | standards with respect to the creation or operation of a law |
---|
87 | 87 | | enforcement agency, including [on creation of the law enforcement |
---|
88 | 88 | | agency or police department information regarding]: |
---|
89 | 89 | | (1) a determination regarding the need for creating |
---|
90 | 90 | | the [law enforcement] agency [or police department] in the |
---|
91 | 91 | | community; |
---|
92 | 92 | | (2) the sustainable funding sources for the [law |
---|
93 | 93 | | enforcement] agency [or police department]; |
---|
94 | 94 | | (3) the physical resources available to officers, |
---|
95 | 95 | | which may differ based on the size of the law enforcement agency, |
---|
96 | 96 | | including: |
---|
97 | 97 | | (A) duty firearms, including patrol rifles and |
---|
98 | 98 | | shotguns; |
---|
99 | 99 | | (B) less lethal force weapons, including a |
---|
100 | 100 | | requirement of at least one per officer on duty; |
---|
101 | 101 | | (C) effective communications equipment; |
---|
102 | 102 | | (D) protective equipment, including a |
---|
103 | 103 | | requirement of at least one protective vest per officer on duty; |
---|
104 | 104 | | (E) officer uniforms; and |
---|
105 | 105 | | (F) patrol vehicles and associated equipment; |
---|
106 | 106 | | (4) the physical facilities of [that] the [law |
---|
107 | 107 | | enforcement] agency [or police department will operate], including |
---|
108 | 108 | | any [descriptions of the] evidence room, dispatch area, or [and] |
---|
109 | 109 | | public area; |
---|
110 | 110 | | (5) the [law enforcement] policies of the [law |
---|
111 | 111 | | enforcement] agency [or police department], including policies on: |
---|
112 | 112 | | (A) use of force; |
---|
113 | 113 | | (B) vehicle pursuit; |
---|
114 | 114 | | (C) professional conduct of officers; |
---|
115 | 115 | | (D) domestic abuse protocols; |
---|
116 | 116 | | (E) response to missing persons; |
---|
117 | 117 | | (F) supervision of part-time officers; [and] |
---|
118 | 118 | | (G) impartial policing; |
---|
119 | 119 | | (H) active shooters; and |
---|
120 | 120 | | (I) barricaded subjects; |
---|
121 | 121 | | (6) the administrative structure of the [law |
---|
122 | 122 | | enforcement] agency [or police department]; |
---|
123 | 123 | | (7) liability insurance; and |
---|
124 | 124 | | (8) any other standard [information] the commission |
---|
125 | 125 | | considers necessary [requires by rule]. |
---|
126 | 126 | | SECTION 5. Subchapter D, Chapter 1701, Occupations Code, is |
---|
127 | 127 | | amended by adding Sections 1701.165, 1701.166, 1701.167, 1701.168, |
---|
128 | 128 | | and 1701.169 to read as follows: |
---|
129 | 129 | | Sec. 1701.165. ADVISORY COMMITTEES. (a) The commission by |
---|
130 | 130 | | rule may establish advisory committees to make recommendations to |
---|
131 | 131 | | the commission on programs, rules, and policies administered by the |
---|
132 | 132 | | commission. |
---|
133 | 133 | | (b) In establishing an advisory committee under this |
---|
134 | 134 | | section, the commission shall adopt rules, including rules |
---|
135 | 135 | | regarding: |
---|
136 | 136 | | (1) the purpose, role, responsibility, goals, and |
---|
137 | 137 | | duration of the committee; |
---|
138 | 138 | | (2) the size of and quorum requirement for the |
---|
139 | 139 | | committee; |
---|
140 | 140 | | (3) qualifications for committee membership; |
---|
141 | 141 | | (4) appointment procedures for members; |
---|
142 | 142 | | (5) terms of service for members; |
---|
143 | 143 | | (6) training requirements for members; |
---|
144 | 144 | | (7) policies to avoid conflicts of interest by |
---|
145 | 145 | | committee members; |
---|
146 | 146 | | (8) a periodic review process to evaluate the |
---|
147 | 147 | | continuing need for the committee; and |
---|
148 | 148 | | (9) policies to ensure the committee does not violate |
---|
149 | 149 | | any provision of Chapter 551, Government Code, applicable to the |
---|
150 | 150 | | commission or the committee. |
---|
151 | 151 | | Sec. 1701.166. SUBPOENA. (a) The commission may compel by |
---|
152 | 152 | | subpoena the production for inspection or copying of a record |
---|
153 | 153 | | described by Section 1701.162(a) that is relevant to the |
---|
154 | 154 | | investigation of an alleged violation of this chapter or a |
---|
155 | 155 | | commission rule. |
---|
156 | 156 | | (b) The commission, acting through the attorney general, |
---|
157 | 157 | | may bring an action to enforce a subpoena issued under Subsection |
---|
158 | 158 | | (a) against a person who fails to comply with the subpoena. |
---|
159 | 159 | | (c) Venue for an action brought under Subsection (b) is in a |
---|
160 | 160 | | district court in: |
---|
161 | 161 | | (1) Travis County; or |
---|
162 | 162 | | (2) any county in which the commission may conduct a |
---|
163 | 163 | | hearing. |
---|
164 | 164 | | (d) The court shall order compliance with the subpoena if |
---|
165 | 165 | | the court finds that good cause exists to issue the subpoena. |
---|
166 | 166 | | Sec. 1701.167. EXAMINATION OF LICENSE HOLDER. (a) The |
---|
167 | 167 | | commission shall adopt rules specifying the circumstances under |
---|
168 | 168 | | which the commission may request that a license holder submit to an |
---|
169 | 169 | | examination described by Section 1701.306(a) by a psychologist, |
---|
170 | 170 | | psychiatrist, or physician selected by the commission to determine |
---|
171 | 171 | | whether the license holder continues to meet the standards required |
---|
172 | 172 | | by that section. |
---|
173 | 173 | | (b) If the license holder refuses to submit to the |
---|
174 | 174 | | examination, the commission shall issue an order requiring the |
---|
175 | 175 | | person to show cause for the person's refusal at a hearing on the |
---|
176 | 176 | | order scheduled for not later than the 30th day after the date |
---|
177 | 177 | | notice is served on the person. The commission shall provide notice |
---|
178 | 178 | | under this section by personal service or by registered mail, |
---|
179 | 179 | | return receipt requested. |
---|
180 | 180 | | (c) At the hearing, the person may appear in person and by |
---|
181 | 181 | | counsel and present evidence to justify the person's refusal to |
---|
182 | 182 | | submit to examination. After the hearing, the commission shall |
---|
183 | 183 | | issue an order requiring the person to submit to an examination |
---|
184 | 184 | | under this section or withdrawing the request for the examination. |
---|
185 | 185 | | (d) Unless the request is withdrawn, the commission may |
---|
186 | 186 | | suspend the license of a person who refuses to submit to the |
---|
187 | 187 | | examination. |
---|
188 | 188 | | (e) An appeal from the commission's order under this section |
---|
189 | 189 | | is governed by Chapter 2001, Government Code. |
---|
190 | 190 | | (f) If the results of an examination under this section show |
---|
191 | 191 | | that the person does not meet the standards of Section 1701.306(a), |
---|
192 | 192 | | the commission shall suspend the person's license. |
---|
193 | 193 | | (g) Records relating to a request or order of the commission |
---|
194 | 194 | | or a hearing or examination conducted under this section, |
---|
195 | 195 | | including, if applicable, the identity of the person notifying the |
---|
196 | 196 | | commission that a license holder may not meet the standards |
---|
197 | 197 | | required by Section 1701.306(a), are confidential and not subject |
---|
198 | 198 | | to disclosure under Chapter 552, Government Code. |
---|
199 | 199 | | (h) An order issued by the commission regarding a license |
---|
200 | 200 | | holder that is based on information obtained during an examination |
---|
201 | 201 | | under this section may only reference the statutory basis for the |
---|
202 | 202 | | order and may not disclose the reason for the examination. |
---|
203 | 203 | | Sec. 1701.168. REFUSAL OR FAILURE OF EXAMINATION. (a) |
---|
204 | 204 | | Except as provided by Subsection (b), a law enforcement agency |
---|
205 | 205 | | shall report to the commission a license holder who refuses to |
---|
206 | 206 | | submit to or fails an examination ordered under Section 1701.167. |
---|
207 | 207 | | (b) A law enforcement agency is not required to report a |
---|
208 | 208 | | failed examination under Subsection (a) if the license holder |
---|
209 | 209 | | submits to and successfully completes a treatment program within a |
---|
210 | 210 | | reasonable time, as prescribed by commission rule. A law |
---|
211 | 211 | | enforcement agency may assign a license holder who submits to a |
---|
212 | 212 | | treatment program under this subsection to a non-law enforcement |
---|
213 | 213 | | role for the duration of the treatment program and until the license |
---|
214 | 214 | | holder passes the examination. |
---|
215 | 215 | | Sec. 1701.169. PREEMPLOYMENT DATABASE. The commission |
---|
216 | 216 | | shall designate one or more national law enforcement databases that |
---|
217 | 217 | | a law enforcement agency must access to complete the preemployment |
---|
218 | 218 | | background check required under Sections 1701.303(a) and |
---|
219 | 219 | | 1701.451(a). A database designated under this section must: |
---|
220 | 220 | | (1) contain records related to a person's previous law |
---|
221 | 221 | | enforcement employment or experience, including any: |
---|
222 | 222 | | (A) commendations or awards; |
---|
223 | 223 | | (B) misconduct or disciplinary records; and |
---|
224 | 224 | | (C) certifications or licenses held; |
---|
225 | 225 | | (2) be maintained by the federal government or a |
---|
226 | 226 | | nationally recognized law enforcement accreditation association; |
---|
227 | 227 | | and |
---|
228 | 228 | | (3) provide a process for a person to contest or amend |
---|
229 | 229 | | any information maintained in the database relating to the person. |
---|
230 | 230 | | SECTION 6. Section 1701.202, Occupations Code, is amended |
---|
231 | 231 | | by amending Subsection (b) and adding Subsection (d) to read as |
---|
232 | 232 | | follows: |
---|
233 | 233 | | (b) Except as provided by Subsection (d), on [On] request, a |
---|
234 | 234 | | license holder is entitled to [may] obtain information regarding a |
---|
235 | 235 | | complaint made against the license holder under this chapter, |
---|
236 | 236 | | including a complete copy of the complaint file. On receipt of a |
---|
237 | 237 | | request under this subsection, the commission shall provide the |
---|
238 | 238 | | requested information in a timely manner to allow the license |
---|
239 | 239 | | holder time to respond to the complaint. |
---|
240 | 240 | | (d) The commission is not required to provide the identity |
---|
241 | 241 | | of any nontestifying complainant in response to a request under |
---|
242 | 242 | | Subsection (b). |
---|
243 | 243 | | SECTION 7. Section 1701.203(c), Occupations Code, is |
---|
244 | 244 | | amended to read as follows: |
---|
245 | 245 | | (c) The commission shall periodically notify the complaint |
---|
246 | 246 | | parties [to the complaint] of the status of the complaint until |
---|
247 | 247 | | final disposition unless the notice would jeopardize an |
---|
248 | 248 | | investigation. |
---|
249 | 249 | | SECTION 8. Subchapter E, Chapter 1701, Occupations Code, is |
---|
250 | 250 | | amended by adding Section 1701.205 to read as follows: |
---|
251 | 251 | | Sec. 1701.205. OFFICER PROFILES. (a) The commission shall |
---|
252 | 252 | | create a public database containing profiles of each officer |
---|
253 | 253 | | licensed under this chapter. A profile must: |
---|
254 | 254 | | (1) include the information required by Subsection |
---|
255 | 255 | | (b); and |
---|
256 | 256 | | (2) be compiled in a format that makes the information |
---|
257 | 257 | | contained in the profile readily available to the public. |
---|
258 | 258 | | (b) Except as otherwise provided by this section, a profile |
---|
259 | 259 | | must contain the following information with respect to each |
---|
260 | 260 | | officer: |
---|
261 | 261 | | (1) the date the officer completed the basic training |
---|
262 | 262 | | course; |
---|
263 | 263 | | (2) whether the officer is in compliance with |
---|
264 | 264 | | continuing education requirements and the continuing education |
---|
265 | 265 | | courses completed; |
---|
266 | 266 | | (3) the total hours of training the officer has |
---|
267 | 267 | | completed; and |
---|
268 | 268 | | (4) the date the officer's license was issued. |
---|
269 | 269 | | (c) The commission shall adopt rules to exclude from the |
---|
270 | 270 | | database profiles for certain officers if including the profile |
---|
271 | 271 | | would create a safety risk for the officer based on the officer's |
---|
272 | 272 | | position or duties, including the profiles of undercover officers |
---|
273 | 273 | | and officers involved in active narcotics operations. |
---|
274 | 274 | | SECTION 9. Section 1701.253, Occupations Code, is amended |
---|
275 | 275 | | by adding Subsection (a-1) and amending Subsections (g), (h), (i), |
---|
276 | 276 | | (j), (l), (m), (o), and (p) to read as follows: |
---|
277 | 277 | | (a-1) The commission by rule shall establish deadlines for |
---|
278 | 278 | | an officer to complete any minimum curriculum requirements that are |
---|
279 | 279 | | not completed as part of the officer's basic training course. |
---|
280 | 280 | | (g) As part of the minimum curriculum requirements, the |
---|
281 | 281 | | commission shall establish a statewide comprehensive education and |
---|
282 | 282 | | training program on asset forfeiture under Chapter 59, Code of |
---|
283 | 283 | | Criminal Procedure, for officers licensed under this chapter. [An |
---|
284 | 284 | | officer shall complete a program established under this subsection |
---|
285 | 285 | | not later than the second anniversary of the date the officer is |
---|
286 | 286 | | licensed under this chapter or the date the officer applies for an |
---|
287 | 287 | | intermediate proficiency certificate, whichever date is earlier.] |
---|
288 | 288 | | (h) As part of the minimum curriculum requirements, the |
---|
289 | 289 | | commission shall establish a statewide comprehensive education and |
---|
290 | 290 | | training program on racial profiling for officers licensed under |
---|
291 | 291 | | this chapter. [An officer shall complete a program established |
---|
292 | 292 | | under this subsection not later than the second anniversary of the |
---|
293 | 293 | | date the officer is licensed under this chapter or the date the |
---|
294 | 294 | | officer applies for an intermediate proficiency certificate, |
---|
295 | 295 | | whichever date is earlier.] |
---|
296 | 296 | | (i) As part of the minimum curriculum requirements, the |
---|
297 | 297 | | commission shall establish a statewide comprehensive education and |
---|
298 | 298 | | training program on identity theft under Section 32.51, Penal Code, |
---|
299 | 299 | | for officers licensed under this chapter. [An officer shall |
---|
300 | 300 | | complete a program established under this subsection not later than |
---|
301 | 301 | | the second anniversary of the date the officer is licensed under |
---|
302 | 302 | | this chapter or the date the officer applies for an intermediate |
---|
303 | 303 | | proficiency certificate, whichever date is earlier.] |
---|
304 | 304 | | (j) As part of the minimum curriculum requirements, the |
---|
305 | 305 | | commission shall require an officer to complete a 40-hour statewide |
---|
306 | 306 | | education and training program on de-escalation and crisis |
---|
307 | 307 | | intervention techniques to facilitate interaction with persons |
---|
308 | 308 | | with mental impairments. [An officer shall complete the program |
---|
309 | 309 | | not later than the second anniversary of the date the officer is |
---|
310 | 310 | | licensed under this chapter or the date the officer applies for an |
---|
311 | 311 | | intermediate proficiency certificate, whichever date is earlier.] |
---|
312 | 312 | | An officer may not satisfy the requirements of this subsection or |
---|
313 | 313 | | Section 1701.402(g) by taking an online course on de-escalation and |
---|
314 | 314 | | crisis intervention techniques to facilitate interaction with |
---|
315 | 315 | | persons with mental impairments. |
---|
316 | 316 | | (l) As part of the minimum curriculum requirements, the |
---|
317 | 317 | | commission shall require an officer licensed by the commission on |
---|
318 | 318 | | or after January 1, 2016, to complete a canine encounter training |
---|
319 | 319 | | program established by the commission under Section 1701.261. [An |
---|
320 | 320 | | officer shall complete the program not later than the second |
---|
321 | 321 | | anniversary of the date the officer is licensed under this chapter |
---|
322 | 322 | | unless the officer completes the program as part of the officer's |
---|
323 | 323 | | basic training course.] |
---|
324 | 324 | | (m) As part of the minimum curriculum requirements, the |
---|
325 | 325 | | commission shall establish a statewide comprehensive education and |
---|
326 | 326 | | training program on procedures for interacting with drivers who are |
---|
327 | 327 | | deaf or hard of hearing, as defined by Section 81.001, Human |
---|
328 | 328 | | Resources Code, including identifying specialty license plates |
---|
329 | 329 | | issued to individuals who are deaf or hard of hearing under Section |
---|
330 | 330 | | 504.204, Transportation Code. [An officer shall complete a program |
---|
331 | 331 | | established under this subsection not later than the second |
---|
332 | 332 | | anniversary of the date the officer is licensed under this chapter |
---|
333 | 333 | | or the date the officer applies for an intermediate proficiency |
---|
334 | 334 | | certificate, whichever date is earlier.] |
---|
335 | 335 | | (o) As part of the minimum curriculum requirements, the |
---|
336 | 336 | | commission shall require an officer to complete the civilian |
---|
337 | 337 | | interaction training program developed under Section 1701.268. [An |
---|
338 | 338 | | officer shall complete the program not later than the second |
---|
339 | 339 | | anniversary of the date the officer is licensed under this chapter |
---|
340 | 340 | | unless the officer completes the program as part of the officer's |
---|
341 | 341 | | basic training course.] |
---|
342 | 342 | | (p) As part of the minimum curriculum requirements, the |
---|
343 | 343 | | commission shall require an officer to complete the basic education |
---|
344 | 344 | | and training program on the trafficking of persons developed under |
---|
345 | 345 | | Section 1701.258(a). [An officer shall complete the program not |
---|
346 | 346 | | later than the second anniversary of the date the officer is |
---|
347 | 347 | | licensed under this chapter unless the officer completes the |
---|
348 | 348 | | program as part of the officer's basic training course.] |
---|
349 | 349 | | SECTION 10. Section 1701.303(a), Occupations Code, is |
---|
350 | 350 | | amended to read as follows: |
---|
351 | 351 | | (a) Before a [A] law enforcement agency or governmental |
---|
352 | 352 | | entity [that] hires a person for whom a license is sought, the law |
---|
353 | 353 | | enforcement agency must: |
---|
354 | 354 | | (1) review any information relating to the person |
---|
355 | 355 | | available in a database designated by the commission under Section |
---|
356 | 356 | | 1701.169; and |
---|
357 | 357 | | (2) file an application with the commission as |
---|
358 | 358 | | provided by commission rule. |
---|
359 | 359 | | SECTION 11. Section 1701.404(b), Occupations Code, is |
---|
360 | 360 | | amended to read as follows: |
---|
361 | 361 | | (b) The commission may certify a sheriff, sheriff's deputy, |
---|
362 | 362 | | constable, other peace officer, county jailer, or justice of the |
---|
363 | 363 | | peace as a special officer for offenders with mental impairments if |
---|
364 | 364 | | the person: |
---|
365 | 365 | | (1) completes a training course in emergency first aid |
---|
366 | 366 | | and lifesaving techniques approved by the commission; |
---|
367 | 367 | | (2) completes a training course administered by the |
---|
368 | 368 | | commission on mental health issues and offenders with mental |
---|
369 | 369 | | impairments; and |
---|
370 | 370 | | (3) passes an examination administered by the |
---|
371 | 371 | | commission that is designed to test the person's: |
---|
372 | 372 | | (A) knowledge and recognition of the |
---|
373 | 373 | | characteristics and symptoms of mental illness, intellectual |
---|
374 | 374 | | disabilities [mental retardation], and developmental [mental] |
---|
375 | 375 | | disabilities; and |
---|
376 | 376 | | (B) knowledge of mental health crisis |
---|
377 | 377 | | intervention strategies for people with mental impairments. |
---|
378 | 378 | | SECTION 12. Section 1701.451(a), Occupations Code, is |
---|
379 | 379 | | amended to read as follows: |
---|
380 | 380 | | (a) Before a law enforcement agency may hire a person |
---|
381 | 381 | | licensed under this chapter, the agency must, on a form and in the |
---|
382 | 382 | | manner prescribed by the commission: |
---|
383 | 383 | | (1) obtain the person's written consent for the agency |
---|
384 | 384 | | to review the information required to be reviewed under this |
---|
385 | 385 | | section; |
---|
386 | 386 | | (2) request from the commission and any other |
---|
387 | 387 | | applicable person information required to be reviewed under this |
---|
388 | 388 | | section; and |
---|
389 | 389 | | (3) submit to the commission confirmation that the |
---|
390 | 390 | | agency, to the best of the agency's ability before hiring the |
---|
391 | 391 | | person: |
---|
392 | 392 | | (A) contacted each entity or individual |
---|
393 | 393 | | necessary to obtain the information required to be reviewed under |
---|
394 | 394 | | this section; and |
---|
395 | 395 | | (B) except as provided by Subsection (b), |
---|
396 | 396 | | obtained and reviewed as related to the person, as applicable: |
---|
397 | 397 | | (i) personnel files and other employee |
---|
398 | 398 | | records from each previous law enforcement agency employer, |
---|
399 | 399 | | including the employment application submitted to the previous |
---|
400 | 400 | | employer; |
---|
401 | 401 | | (ii) employment termination reports |
---|
402 | 402 | | maintained by the commission under this subchapter; |
---|
403 | 403 | | (iii) service records maintained by the |
---|
404 | 404 | | commission; |
---|
405 | 405 | | (iv) proof that the person meets the |
---|
406 | 406 | | minimum qualifications for enrollment in a training program under |
---|
407 | 407 | | Section 1701.251(a); |
---|
408 | 408 | | (v) a military veteran's United States |
---|
409 | 409 | | Department of Defense Form DD-214 or other military discharge |
---|
410 | 410 | | record; |
---|
411 | 411 | | (vi) criminal history record information; |
---|
412 | 412 | | (vii) information on pending warrants as |
---|
413 | 413 | | available through the Texas Crime Information Center and National |
---|
414 | 414 | | Crime Information Center; |
---|
415 | 415 | | (viii) evidence of financial |
---|
416 | 416 | | responsibility as required by Section 601.051, Transportation |
---|
417 | 417 | | Code; |
---|
418 | 418 | | (ix) a driving record from the Department |
---|
419 | 419 | | of Public Safety; |
---|
420 | 420 | | (x) proof of United States citizenship; |
---|
421 | 421 | | [and] |
---|
422 | 422 | | (xi) information on the person's background |
---|
423 | 423 | | from at least three personal references and at least two |
---|
424 | 424 | | professional references; and |
---|
425 | 425 | | (xii) information on the person's law |
---|
426 | 426 | | enforcement background as available through a database designated |
---|
427 | 427 | | by the commission under Section 1701.169. |
---|
428 | 428 | | SECTION 13. Section 1701.453, Occupations Code, is amended |
---|
429 | 429 | | to read as follows: |
---|
430 | 430 | | Sec. 1701.453. MAINTENANCE OF REPORTS [AND STATEMENTS]. |
---|
431 | 431 | | The commission shall maintain a copy of each report [and statement] |
---|
432 | 432 | | submitted to the commission under this subchapter until at least |
---|
433 | 433 | | the 10th anniversary of the date on which the report [or statement] |
---|
434 | 434 | | is submitted. |
---|
435 | 435 | | SECTION 14. Section 1701.456(a), Occupations Code, is |
---|
436 | 436 | | amended to read as follows: |
---|
437 | 437 | | (a) The commission is not liable for civil damages for |
---|
438 | 438 | | providing information contained in a report [or statement] |
---|
439 | 439 | | maintained by the commission under this subchapter if the |
---|
440 | 440 | | commission released the information as provided by this subchapter. |
---|
441 | 441 | | SECTION 15. The heading to Subchapter K, Chapter 1701, |
---|
442 | 442 | | Occupations Code, is amended to read as follows: |
---|
443 | 443 | | SUBCHAPTER K. DISCIPLINARY GROUNDS AND PROCEDURES |
---|
444 | 444 | | SECTION 16. Subchapter K, Chapter 1701, Occupations Code, |
---|
445 | 445 | | is amended by adding Section 1701.5011 to read as follows: |
---|
446 | 446 | | Sec. 1701.5011. EMERGENCY SUSPENSION. (a) The commission |
---|
447 | 447 | | shall adopt rules specifying the circumstances under which the |
---|
448 | 448 | | commission may issue an emergency order, without a hearing, |
---|
449 | 449 | | suspending a person's license for a period not to exceed 90 days |
---|
450 | 450 | | after determining that the person constitutes an imminent threat to |
---|
451 | 451 | | the public health, safety, or welfare. |
---|
452 | 452 | | (b) An order suspending a license under this section must |
---|
453 | 453 | | state the length of the suspension in the order. |
---|
454 | 454 | | (c) If an emergency order is issued without a hearing under |
---|
455 | 455 | | this section, the commission shall, not later than the 10th day |
---|
456 | 456 | | after the date the order was issued, set the time and place for a |
---|
457 | 457 | | hearing on the order. The hearing must be conducted as soon as |
---|
458 | 458 | | practicable. A hearing under this section to affirm, modify, or set |
---|
459 | 459 | | aside the emergency order shall be conducted by the State Office of |
---|
460 | 460 | | Administrative Hearings. The order shall be affirmed to the extent |
---|
461 | 461 | | that good cause existed to issue the order. |
---|
462 | 462 | | (d) The commission by rule may prescribe procedures for the |
---|
463 | 463 | | determination and appeal of an emergency order issued under this |
---|
464 | 464 | | section, including a rule allowing the commission to affirm, |
---|
465 | 465 | | modify, or set aside a decision made by the State Office of |
---|
466 | 466 | | Administrative Hearings under Subsection (c). |
---|
467 | 467 | | (e) A proceeding under this section is a contested case |
---|
468 | 468 | | under Chapter 2001, Government Code. |
---|
469 | 469 | | SECTION 17. The following provisions of the Occupations |
---|
470 | 470 | | Code are repealed: |
---|
471 | 471 | | (1) Sections 1701.452(b) and (c); |
---|
472 | 472 | | (2) Section 1701.4521; and |
---|
473 | 473 | | (3) Section 1701.4525. |
---|
474 | 474 | | SECTION 18. (a) Except as provided by Subsection (b) of |
---|
475 | 475 | | this section, Section 1701.059, Occupations Code, as amended by |
---|
476 | 476 | | this Act, applies to a member of the Texas Commission on Law |
---|
477 | 477 | | Enforcement appointed before, on, or after the effective date of |
---|
478 | 478 | | this Act. |
---|
479 | 479 | | (b) A member of the Texas Commission on Law Enforcement who, |
---|
480 | 480 | | before the effective date of this Act, completed the training |
---|
481 | 481 | | program required by Section 1701.059, Occupations Code, as that law |
---|
482 | 482 | | existed before the effective date of this Act, is only required to |
---|
483 | 483 | | complete additional training on the subjects added by this Act to |
---|
484 | 484 | | the training program required by Section 1701.059, Occupations |
---|
485 | 485 | | Code. A commission member described by this subsection may not |
---|
486 | 486 | | vote, deliberate, or be counted as a member in attendance at a |
---|
487 | 487 | | meeting of the commission held on or after December 1, 2023, until |
---|
488 | 488 | | the member completes the additional training. |
---|
489 | 489 | | SECTION 19. (a) Not later than March 1, 2024, the Texas |
---|
490 | 490 | | Commission on Law Enforcement shall: |
---|
491 | 491 | | (1) adopt rules and update forms as necessary to |
---|
492 | 492 | | implement the changes in law made by this Act to Chapter 1701, |
---|
493 | 493 | | Occupations Code; and |
---|
494 | 494 | | (2) designate the database as required by Section |
---|
495 | 495 | | 1701.169, Occupations Code, as added by this Act. |
---|
496 | 496 | | (b) Not later than September 1, 2024, the Texas Commission |
---|
497 | 497 | | on Law Enforcement shall establish the database containing officer |
---|
498 | 498 | | profiles as required by Section 1701.205, Occupations Code, as |
---|
499 | 499 | | added by this Act. |
---|
500 | 500 | | SECTION 20. Sections 1701.303(a) and 1701.451(a), |
---|
501 | 501 | | Occupations Code, as amended by this Act, apply only with respect to |
---|
502 | 502 | | a person hired on or after March 1, 2024. A person hired before |
---|
503 | 503 | | March 1, 2024, is governed by the law in effect immediately before |
---|
504 | 504 | | the effective date of this Act, and the former law is continued in |
---|
505 | 505 | | effect for that purpose. |
---|
506 | 506 | | SECTION 21. The changes in law made by this Act to |
---|
507 | 507 | | Subchapter J, Chapter 1701, Occupations Code, apply only to a |
---|
508 | 508 | | report required to be submitted under Section 1701.452, Occupations |
---|
509 | 509 | | Code, as amended by this Act, regarding a separation of a license |
---|
510 | 510 | | holder that occurs on or after March 1, 2024. A separation that |
---|
511 | 511 | | occurs before March 1, 2024, is governed by the law in effect |
---|
512 | 512 | | immediately before the effective date of this Act, and the former |
---|
513 | 513 | | law is continued in effect for that purpose. |
---|
514 | 514 | | SECTION 22. This Act takes effect September 1, 2023. |
---|