Texas 2023 - 88th Regular

Texas House Bill HB1530 Compare Versions

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11 88R9077 SCP-D
22 By: Goldman H.B. No. 1530
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the continuation and functions of the Texas Commission
88 on Law Enforcement.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 1701.002, Occupations Code, is amended
1111 to read as follows:
1212 Sec. 1701.002. APPLICATION OF SUNSET ACT. The Texas
1313 Commission on Law Enforcement is subject to Chapter 325, Government
1414 Code (Texas Sunset Act). Unless continued in existence as provided
1515 by that chapter, the commission is abolished and this chapter
1616 expires September 1, 2035 [2023].
1717 SECTION 2. Section 1701.059, Occupations Code, is amended
1818 by amending Subsection (b) and adding Subsection (d) to read as
1919 follows:
2020 (b) The training program must provide the person with
2121 information regarding:
2222 (1) the law governing [legislation that created the]
2323 commission operations;
2424 (2) the programs, functions, rules, and budget of the
2525 commission;
2626 (3) the scope of and limitations on the rulemaking
2727 authority of the commission;
2828 (4) the results of the most recent formal audit of the
2929 commission;
3030 (5) [(4)] the requirements of:
3131 (A) laws relating to open meetings, public
3232 information, administrative procedure, and disclosing conflicts of
3333 interest; and
3434 (B) other laws applicable to members of a state
3535 policy-making body in performing their duties; and
3636 (6) [(5)] any applicable ethics policies adopted by
3737 the commission or the Texas Ethics Commission.
3838 (d) The executive director of the commission shall create a
3939 training manual that includes the information required by
4040 Subsection (b). The executive director shall distribute a copy of
4141 the training manual annually to each member of the commission. Each
4242 commission member shall sign and submit to the executive director a
4343 statement acknowledging that the member received and has reviewed
4444 the training manual.
4545 SECTION 3. Section 1701.151, Occupations Code, is amended
4646 to read as follows:
4747 Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING
4848 AUTHORITY. The commission may:
4949 (1) adopt rules for the administration of this chapter
5050 and for the commission's internal management and control;
5151 (2) establish minimum standards relating to
5252 competence and reliability, including education, training,
5353 physical, and mental[, and moral] standards, for licensing as an
5454 officer, county jailer, public security officer, or
5555 telecommunicator;
5656 (3) report to the governor and legislature on the
5757 commission's activities, with recommendations on matters under the
5858 commission's jurisdiction, and make other reports that the
5959 commission considers desirable;
6060 (4) require a state agency or a county, special
6161 district, or municipality in this state that employs officers,
6262 telecommunicators, or county jailers to submit reports and
6363 information;
6464 (5) contract as the commission considers necessary for
6565 services, facilities, studies, and reports required for:
6666 (A) cooperation with municipal, county, special
6767 district, state, and federal law enforcement agencies in training
6868 programs; and
6969 (B) performance of the commission's other
7070 functions; and
7171 (6) conduct research and stimulate research by public
7272 and private agencies to improve law enforcement and police
7373 administration.
7474 SECTION 4. Section 1701.163, Occupations Code, is amended
7575 to read as follows:
7676 Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT
7777 AGENCIES [INFORMATION PROVIDED BY COMMISSIONING ENTITIES]. [(a)
7878 This section applies only to an entity authorized by statute or by
7979 the constitution to create a law enforcement agency or police
8080 department and commission, appoint, or employ officers that first
8181 creates a law enforcement agency or police department and first
8282 begins to commission, appoint, or employ officers on or after
8383 September 1, 2009.
8484 [(b)] The [entity shall submit to the] commission, with
8585 input from an advisory committee, shall by rule establish minimum
8686 standards with respect to the creation or operation of a law
8787 enforcement agency, including [on creation of the law enforcement
8888 agency or police department information regarding]:
8989 (1) a determination regarding the need for creating
9090 the [law enforcement] agency [or police department] in the
9191 community;
9292 (2) the sustainable funding sources for the [law
9393 enforcement] agency [or police department];
9494 (3) the physical resources available to officers,
9595 which may differ based on the size of the law enforcement agency,
9696 including:
9797 (A) duty firearms, including patrol rifles and
9898 shotguns;
9999 (B) less lethal force weapons, including a
100100 requirement of at least one per officer on duty;
101101 (C) effective communications equipment;
102102 (D) protective equipment, including a
103103 requirement of at least one protective vest per officer on duty;
104104 (E) officer uniforms; and
105105 (F) patrol vehicles and associated equipment;
106106 (4) the physical facilities of [that] the [law
107107 enforcement] agency [or police department will operate], including
108108 any [descriptions of the] evidence room, dispatch area, or [and]
109109 public area;
110110 (5) the [law enforcement] policies of the [law
111111 enforcement] agency [or police department], including policies on:
112112 (A) use of force;
113113 (B) vehicle pursuit;
114114 (C) professional conduct of officers;
115115 (D) domestic abuse protocols;
116116 (E) response to missing persons;
117117 (F) supervision of part-time officers; [and]
118118 (G) impartial policing;
119119 (H) active shooters; and
120120 (I) barricaded subjects;
121121 (6) the administrative structure of the [law
122122 enforcement] agency [or police department];
123123 (7) liability insurance; and
124124 (8) any other standard [information] the commission
125125 considers necessary [requires by rule].
126126 SECTION 5. Subchapter D, Chapter 1701, Occupations Code, is
127127 amended by adding Sections 1701.165, 1701.166, 1701.167, 1701.168,
128128 and 1701.169 to read as follows:
129129 Sec. 1701.165. ADVISORY COMMITTEES. (a) The commission by
130130 rule may establish advisory committees to make recommendations to
131131 the commission on programs, rules, and policies administered by the
132132 commission.
133133 (b) In establishing an advisory committee under this
134134 section, the commission shall adopt rules, including rules
135135 regarding:
136136 (1) the purpose, role, responsibility, goals, and
137137 duration of the committee;
138138 (2) the size of and quorum requirement for the
139139 committee;
140140 (3) qualifications for committee membership;
141141 (4) appointment procedures for members;
142142 (5) terms of service for members;
143143 (6) training requirements for members;
144144 (7) policies to avoid conflicts of interest by
145145 committee members;
146146 (8) a periodic review process to evaluate the
147147 continuing need for the committee; and
148148 (9) policies to ensure the committee does not violate
149149 any provision of Chapter 551, Government Code, applicable to the
150150 commission or the committee.
151151 Sec. 1701.166. SUBPOENA. (a) The commission may compel by
152152 subpoena the production for inspection or copying of a record
153153 described by Section 1701.162(a) that is relevant to the
154154 investigation of an alleged violation of this chapter or a
155155 commission rule.
156156 (b) The commission, acting through the attorney general,
157157 may bring an action to enforce a subpoena issued under Subsection
158158 (a) against a person who fails to comply with the subpoena.
159159 (c) Venue for an action brought under Subsection (b) is in a
160160 district court in:
161161 (1) Travis County; or
162162 (2) any county in which the commission may conduct a
163163 hearing.
164164 (d) The court shall order compliance with the subpoena if
165165 the court finds that good cause exists to issue the subpoena.
166166 Sec. 1701.167. EXAMINATION OF LICENSE HOLDER. (a) The
167167 commission shall adopt rules specifying the circumstances under
168168 which the commission may request that a license holder submit to an
169169 examination described by Section 1701.306(a) by a psychologist,
170170 psychiatrist, or physician selected by the commission to determine
171171 whether the license holder continues to meet the standards required
172172 by that section.
173173 (b) If the license holder refuses to submit to the
174174 examination, the commission shall issue an order requiring the
175175 person to show cause for the person's refusal at a hearing on the
176176 order scheduled for not later than the 30th day after the date
177177 notice is served on the person. The commission shall provide notice
178178 under this section by personal service or by registered mail,
179179 return receipt requested.
180180 (c) At the hearing, the person may appear in person and by
181181 counsel and present evidence to justify the person's refusal to
182182 submit to examination. After the hearing, the commission shall
183183 issue an order requiring the person to submit to an examination
184184 under this section or withdrawing the request for the examination.
185185 (d) Unless the request is withdrawn, the commission may
186186 suspend the license of a person who refuses to submit to the
187187 examination.
188188 (e) An appeal from the commission's order under this section
189189 is governed by Chapter 2001, Government Code.
190190 (f) If the results of an examination under this section show
191191 that the person does not meet the standards of Section 1701.306(a),
192192 the commission shall suspend the person's license.
193193 (g) Records relating to a request or order of the commission
194194 or a hearing or examination conducted under this section,
195195 including, if applicable, the identity of the person notifying the
196196 commission that a license holder may not meet the standards
197197 required by Section 1701.306(a), are confidential and not subject
198198 to disclosure under Chapter 552, Government Code.
199199 (h) An order issued by the commission regarding a license
200200 holder that is based on information obtained during an examination
201201 under this section may only reference the statutory basis for the
202202 order and may not disclose the reason for the examination.
203203 Sec. 1701.168. REFUSAL OR FAILURE OF EXAMINATION. (a)
204204 Except as provided by Subsection (b), a law enforcement agency
205205 shall report to the commission a license holder who refuses to
206206 submit to or fails an examination ordered under Section 1701.167.
207207 (b) A law enforcement agency is not required to report a
208208 failed examination under Subsection (a) if the license holder
209209 submits to and successfully completes a treatment program within a
210210 reasonable time, as prescribed by commission rule. A law
211211 enforcement agency may assign a license holder who submits to a
212212 treatment program under this subsection to a non-law enforcement
213213 role for the duration of the treatment program and until the license
214214 holder passes the examination.
215215 Sec. 1701.169. PREEMPLOYMENT DATABASE. The commission
216216 shall designate one or more national law enforcement databases that
217217 a law enforcement agency must access to complete the preemployment
218218 background check required under Sections 1701.303(a) and
219219 1701.451(a). A database designated under this section must:
220220 (1) contain records related to a person's previous law
221221 enforcement employment or experience, including any:
222222 (A) commendations or awards;
223223 (B) misconduct or disciplinary records; and
224224 (C) certifications or licenses held;
225225 (2) be maintained by the federal government or a
226226 nationally recognized law enforcement accreditation association;
227227 and
228228 (3) provide a process for a person to contest or amend
229229 any information maintained in the database relating to the person.
230230 SECTION 6. Section 1701.202, Occupations Code, is amended
231231 by amending Subsection (b) and adding Subsection (d) to read as
232232 follows:
233233 (b) Except as provided by Subsection (d), on [On] request, a
234234 license holder is entitled to [may] obtain information regarding a
235235 complaint made against the license holder under this chapter,
236236 including a complete copy of the complaint file. On receipt of a
237237 request under this subsection, the commission shall provide the
238238 requested information in a timely manner to allow the license
239239 holder time to respond to the complaint.
240240 (d) The commission is not required to provide the identity
241241 of any nontestifying complainant in response to a request under
242242 Subsection (b).
243243 SECTION 7. Section 1701.203(c), Occupations Code, is
244244 amended to read as follows:
245245 (c) The commission shall periodically notify the complaint
246246 parties [to the complaint] of the status of the complaint until
247247 final disposition unless the notice would jeopardize an
248248 investigation.
249249 SECTION 8. Subchapter E, Chapter 1701, Occupations Code, is
250250 amended by adding Section 1701.205 to read as follows:
251251 Sec. 1701.205. OFFICER PROFILES. (a) The commission shall
252252 create a public database containing profiles of each officer
253253 licensed under this chapter. A profile must:
254254 (1) include the information required by Subsection
255255 (b); and
256256 (2) be compiled in a format that makes the information
257257 contained in the profile readily available to the public.
258258 (b) Except as otherwise provided by this section, a profile
259259 must contain the following information with respect to each
260260 officer:
261261 (1) the date the officer completed the basic training
262262 course;
263263 (2) whether the officer is in compliance with
264264 continuing education requirements and the continuing education
265265 courses completed;
266266 (3) the total hours of training the officer has
267267 completed; and
268268 (4) the date the officer's license was issued.
269269 (c) The commission shall adopt rules to exclude from the
270270 database profiles for certain officers if including the profile
271271 would create a safety risk for the officer based on the officer's
272272 position or duties, including the profiles of undercover officers
273273 and officers involved in active narcotics operations.
274274 SECTION 9. Section 1701.253, Occupations Code, is amended
275275 by adding Subsection (a-1) and amending Subsections (g), (h), (i),
276276 (j), (l), (m), (o), and (p) to read as follows:
277277 (a-1) The commission by rule shall establish deadlines for
278278 an officer to complete any minimum curriculum requirements that are
279279 not completed as part of the officer's basic training course.
280280 (g) As part of the minimum curriculum requirements, the
281281 commission shall establish a statewide comprehensive education and
282282 training program on asset forfeiture under Chapter 59, Code of
283283 Criminal Procedure, for officers licensed under this chapter. [An
284284 officer shall complete a program established under this subsection
285285 not later than the second anniversary of the date the officer is
286286 licensed under this chapter or the date the officer applies for an
287287 intermediate proficiency certificate, whichever date is earlier.]
288288 (h) As part of the minimum curriculum requirements, the
289289 commission shall establish a statewide comprehensive education and
290290 training program on racial profiling for officers licensed under
291291 this chapter. [An officer shall complete a program established
292292 under this subsection not later than the second anniversary of the
293293 date the officer is licensed under this chapter or the date the
294294 officer applies for an intermediate proficiency certificate,
295295 whichever date is earlier.]
296296 (i) As part of the minimum curriculum requirements, the
297297 commission shall establish a statewide comprehensive education and
298298 training program on identity theft under Section 32.51, Penal Code,
299299 for officers licensed under this chapter. [An officer shall
300300 complete a program established under this subsection not later than
301301 the second anniversary of the date the officer is licensed under
302302 this chapter or the date the officer applies for an intermediate
303303 proficiency certificate, whichever date is earlier.]
304304 (j) As part of the minimum curriculum requirements, the
305305 commission shall require an officer to complete a 40-hour statewide
306306 education and training program on de-escalation and crisis
307307 intervention techniques to facilitate interaction with persons
308308 with mental impairments. [An officer shall complete the program
309309 not later than the second anniversary of the date the officer is
310310 licensed under this chapter or the date the officer applies for an
311311 intermediate proficiency certificate, whichever date is earlier.]
312312 An officer may not satisfy the requirements of this subsection or
313313 Section 1701.402(g) by taking an online course on de-escalation and
314314 crisis intervention techniques to facilitate interaction with
315315 persons with mental impairments.
316316 (l) As part of the minimum curriculum requirements, the
317317 commission shall require an officer licensed by the commission on
318318 or after January 1, 2016, to complete a canine encounter training
319319 program established by the commission under Section 1701.261. [An
320320 officer shall complete the program not later than the second
321321 anniversary of the date the officer is licensed under this chapter
322322 unless the officer completes the program as part of the officer's
323323 basic training course.]
324324 (m) As part of the minimum curriculum requirements, the
325325 commission shall establish a statewide comprehensive education and
326326 training program on procedures for interacting with drivers who are
327327 deaf or hard of hearing, as defined by Section 81.001, Human
328328 Resources Code, including identifying specialty license plates
329329 issued to individuals who are deaf or hard of hearing under Section
330330 504.204, Transportation Code. [An officer shall complete a program
331331 established under this subsection not later than the second
332332 anniversary of the date the officer is licensed under this chapter
333333 or the date the officer applies for an intermediate proficiency
334334 certificate, whichever date is earlier.]
335335 (o) As part of the minimum curriculum requirements, the
336336 commission shall require an officer to complete the civilian
337337 interaction training program developed under Section 1701.268. [An
338338 officer shall complete the program not later than the second
339339 anniversary of the date the officer is licensed under this chapter
340340 unless the officer completes the program as part of the officer's
341341 basic training course.]
342342 (p) As part of the minimum curriculum requirements, the
343343 commission shall require an officer to complete the basic education
344344 and training program on the trafficking of persons developed under
345345 Section 1701.258(a). [An officer shall complete the program not
346346 later than the second anniversary of the date the officer is
347347 licensed under this chapter unless the officer completes the
348348 program as part of the officer's basic training course.]
349349 SECTION 10. Section 1701.303(a), Occupations Code, is
350350 amended to read as follows:
351351 (a) Before a [A] law enforcement agency or governmental
352352 entity [that] hires a person for whom a license is sought, the law
353353 enforcement agency must:
354354 (1) review any information relating to the person
355355 available in a database designated by the commission under Section
356356 1701.169; and
357357 (2) file an application with the commission as
358358 provided by commission rule.
359359 SECTION 11. Section 1701.404(b), Occupations Code, is
360360 amended to read as follows:
361361 (b) The commission may certify a sheriff, sheriff's deputy,
362362 constable, other peace officer, county jailer, or justice of the
363363 peace as a special officer for offenders with mental impairments if
364364 the person:
365365 (1) completes a training course in emergency first aid
366366 and lifesaving techniques approved by the commission;
367367 (2) completes a training course administered by the
368368 commission on mental health issues and offenders with mental
369369 impairments; and
370370 (3) passes an examination administered by the
371371 commission that is designed to test the person's:
372372 (A) knowledge and recognition of the
373373 characteristics and symptoms of mental illness, intellectual
374374 disabilities [mental retardation], and developmental [mental]
375375 disabilities; and
376376 (B) knowledge of mental health crisis
377377 intervention strategies for people with mental impairments.
378378 SECTION 12. Section 1701.451(a), Occupations Code, is
379379 amended to read as follows:
380380 (a) Before a law enforcement agency may hire a person
381381 licensed under this chapter, the agency must, on a form and in the
382382 manner prescribed by the commission:
383383 (1) obtain the person's written consent for the agency
384384 to review the information required to be reviewed under this
385385 section;
386386 (2) request from the commission and any other
387387 applicable person information required to be reviewed under this
388388 section; and
389389 (3) submit to the commission confirmation that the
390390 agency, to the best of the agency's ability before hiring the
391391 person:
392392 (A) contacted each entity or individual
393393 necessary to obtain the information required to be reviewed under
394394 this section; and
395395 (B) except as provided by Subsection (b),
396396 obtained and reviewed as related to the person, as applicable:
397397 (i) personnel files and other employee
398398 records from each previous law enforcement agency employer,
399399 including the employment application submitted to the previous
400400 employer;
401401 (ii) employment termination reports
402402 maintained by the commission under this subchapter;
403403 (iii) service records maintained by the
404404 commission;
405405 (iv) proof that the person meets the
406406 minimum qualifications for enrollment in a training program under
407407 Section 1701.251(a);
408408 (v) a military veteran's United States
409409 Department of Defense Form DD-214 or other military discharge
410410 record;
411411 (vi) criminal history record information;
412412 (vii) information on pending warrants as
413413 available through the Texas Crime Information Center and National
414414 Crime Information Center;
415415 (viii) evidence of financial
416416 responsibility as required by Section 601.051, Transportation
417417 Code;
418418 (ix) a driving record from the Department
419419 of Public Safety;
420420 (x) proof of United States citizenship;
421421 [and]
422422 (xi) information on the person's background
423423 from at least three personal references and at least two
424424 professional references; and
425425 (xii) information on the person's law
426426 enforcement background as available through a database designated
427427 by the commission under Section 1701.169.
428428 SECTION 13. Section 1701.453, Occupations Code, is amended
429429 to read as follows:
430430 Sec. 1701.453. MAINTENANCE OF REPORTS [AND STATEMENTS].
431431 The commission shall maintain a copy of each report [and statement]
432432 submitted to the commission under this subchapter until at least
433433 the 10th anniversary of the date on which the report [or statement]
434434 is submitted.
435435 SECTION 14. Section 1701.456(a), Occupations Code, is
436436 amended to read as follows:
437437 (a) The commission is not liable for civil damages for
438438 providing information contained in a report [or statement]
439439 maintained by the commission under this subchapter if the
440440 commission released the information as provided by this subchapter.
441441 SECTION 15. The heading to Subchapter K, Chapter 1701,
442442 Occupations Code, is amended to read as follows:
443443 SUBCHAPTER K. DISCIPLINARY GROUNDS AND PROCEDURES
444444 SECTION 16. Subchapter K, Chapter 1701, Occupations Code,
445445 is amended by adding Section 1701.5011 to read as follows:
446446 Sec. 1701.5011. EMERGENCY SUSPENSION. (a) The commission
447447 shall adopt rules specifying the circumstances under which the
448448 commission may issue an emergency order, without a hearing,
449449 suspending a person's license for a period not to exceed 90 days
450450 after determining that the person constitutes an imminent threat to
451451 the public health, safety, or welfare.
452452 (b) An order suspending a license under this section must
453453 state the length of the suspension in the order.
454454 (c) If an emergency order is issued without a hearing under
455455 this section, the commission shall, not later than the 10th day
456456 after the date the order was issued, set the time and place for a
457457 hearing on the order. The hearing must be conducted as soon as
458458 practicable. A hearing under this section to affirm, modify, or set
459459 aside the emergency order shall be conducted by the State Office of
460460 Administrative Hearings. The order shall be affirmed to the extent
461461 that good cause existed to issue the order.
462462 (d) The commission by rule may prescribe procedures for the
463463 determination and appeal of an emergency order issued under this
464464 section, including a rule allowing the commission to affirm,
465465 modify, or set aside a decision made by the State Office of
466466 Administrative Hearings under Subsection (c).
467467 (e) A proceeding under this section is a contested case
468468 under Chapter 2001, Government Code.
469469 SECTION 17. The following provisions of the Occupations
470470 Code are repealed:
471471 (1) Sections 1701.452(b) and (c);
472472 (2) Section 1701.4521; and
473473 (3) Section 1701.4525.
474474 SECTION 18. (a) Except as provided by Subsection (b) of
475475 this section, Section 1701.059, Occupations Code, as amended by
476476 this Act, applies to a member of the Texas Commission on Law
477477 Enforcement appointed before, on, or after the effective date of
478478 this Act.
479479 (b) A member of the Texas Commission on Law Enforcement who,
480480 before the effective date of this Act, completed the training
481481 program required by Section 1701.059, Occupations Code, as that law
482482 existed before the effective date of this Act, is only required to
483483 complete additional training on the subjects added by this Act to
484484 the training program required by Section 1701.059, Occupations
485485 Code. A commission member described by this subsection may not
486486 vote, deliberate, or be counted as a member in attendance at a
487487 meeting of the commission held on or after December 1, 2023, until
488488 the member completes the additional training.
489489 SECTION 19. (a) Not later than March 1, 2024, the Texas
490490 Commission on Law Enforcement shall:
491491 (1) adopt rules and update forms as necessary to
492492 implement the changes in law made by this Act to Chapter 1701,
493493 Occupations Code; and
494494 (2) designate the database as required by Section
495495 1701.169, Occupations Code, as added by this Act.
496496 (b) Not later than September 1, 2024, the Texas Commission
497497 on Law Enforcement shall establish the database containing officer
498498 profiles as required by Section 1701.205, Occupations Code, as
499499 added by this Act.
500500 SECTION 20. Sections 1701.303(a) and 1701.451(a),
501501 Occupations Code, as amended by this Act, apply only with respect to
502502 a person hired on or after March 1, 2024. A person hired before
503503 March 1, 2024, is governed by the law in effect immediately before
504504 the effective date of this Act, and the former law is continued in
505505 effect for that purpose.
506506 SECTION 21. The changes in law made by this Act to
507507 Subchapter J, Chapter 1701, Occupations Code, apply only to a
508508 report required to be submitted under Section 1701.452, Occupations
509509 Code, as amended by this Act, regarding a separation of a license
510510 holder that occurs on or after March 1, 2024. A separation that
511511 occurs before March 1, 2024, is governed by the law in effect
512512 immediately before the effective date of this Act, and the former
513513 law is continued in effect for that purpose.
514514 SECTION 22. This Act takes effect September 1, 2023.