Texas 2023 - 88th Regular

Texas House Bill HB1840 Compare Versions

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1	1	88R8134 JCG-D
2	2	By: Goodwin H.B. No. 1840
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to establishing a panel to study the regulation of law
8	8	enforcement officers and law enforcement agencies.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 1701, Occupations Code, is amended by
11	11	adding Subchapter P to read as follows:
12	12	SUBCHAPTER P. PANEL TO REVIEW LAW ENFORCEMENT REGULATION
13	13	Sec. 1701.721. DEFINITION. In this subchapter, "panel"
14	14	means the panel established under Section 1701.722.
15	15	Sec. 1701.722. PANEL ESTABLISHED; COMPOSITION. (a) A
16	16	panel to study the regulation of persons licensed under this
17	17	chapter and the entities authorized by law to employ those persons
18	18	is established. The panel consists of the following 17 members:
19	19	(1) nine members who are knowledgeable on criminal
20	20	justice matters, including law enforcement personnel,
21	21	representatives of victims' rights groups, educators, judges, and
22	22	local elected officials, appointed as follows:
23	23	(A) three members appointed by the governor;
24	24	(B) three members appointed by the lieutenant
25	25	governor; and
26	26	(C) three members appointed by the speaker of the
27	27	house of representatives;
28	28	(2) three members who represent the public, one
29	29	appointed by the governor, one appointed by the lieutenant
30	30	governor, and one appointed by the speaker of the house of
31	31	representatives;
32	32	(3) the chair of the Senate Committee on Criminal
33	33	Justice;
34	34	(4) the chair of the House Committee on Homeland
35	35	Security and Public Safety;
36	36	(5) the chair of the board of the Texas District and
37	37	County Attorneys Association or the chair's designee; and
38	38	(6) as nonvoting members:
39	39	(A) the executive director of the commission; and
40	40	(B) the attorney general or the attorney
41	41	general's designee.
42	42	(b) In appointing members of the panel under Subsection
43	43	(a)(1), the governor, lieutenant governor, and speaker of the house
44	44	of representatives shall each appoint:
45	45	(1) one representative of a rural county or a small
46	46	municipality; and
47	47	(2) one representative of a law enforcement agency.
48	48	(c) The governor shall designate a chair and vice chair of
49	49	the panel. The panel shall meet at the call of the chair.
50	50	Sec. 1701.723. ADVISORY COMMITTEES. The panel may
51	51	establish one or more advisory committees to assist the panel in its
52	52	duties under this subchapter. Advisory committee members may
53	53	include any person with knowledge or experience relevant to the
54	54	study conducted under Section 1701.729.
55	55	Sec. 1701.724. OPEN MEETINGS; PUBLIC HEARINGS. (a) The
56	56	panel, and any advisory committee established by the panel, is
57	57	subject to Chapter 551, Government Code.
58	58	(b) Notwithstanding Chapter 551, Government Code, or any
59	59	other law, the panel and any advisory committee may meet by
60	60	telephone conference call, videoconference, or other similar
61	61	telecommunication method. A meeting held under this subsection by
62	62	telephone conference call, videoconference, or other similar
63	63	telecommunication method is subject to the requirements of Sections
64	64	551.125(c)-(f), Government Code.
65	65	(c) The panel shall hold a public hearing at least once
66	66	every month to solicit testimony and provide information to the
67	67	public regarding the work of the panel.
68	68	Sec. 1701.725. CONFIDENTIALITY OF CERTAIN DOCUMENTS.
69	69	Preliminary drafts of the final report and legislative
70	70	recommendations, memoranda of panel members expressing opinions,
71	71	formulations, or recommendations, and panel members' notes and
72	72	correspondence with individuals who are not panel members are
73	73	confidential and not subject to disclosure under Chapter 552,
74	74	Government Code.
75	75	Sec. 1701.726. SUBPOENA. (a) The panel may issue a
76	76	subpoena as provided by this section.
77	77	(b) The panel may request and, if necessary, compel by
78	78	subpoena:
79	79	(1) the production for inspection and copying of
80	80	documents and other records relevant to the panel's duties under
81	81	this subchapter; and
82	82	(2) the attendance of a witness for examination under
83	83	oath.
84	84	(c) A subpoena under this section may be issued throughout
85	85	this state and may be served by any person designated by the panel.
86	86	(d) The panel, acting through the attorney general, may
87	87	bring an action to enforce a subpoena issued under this section
88	88	against a person who fails to comply with the subpoena.
89	89	(e) Venue for an action brought under this section is in a
90	90	district court in:
91	91	(1) Travis County; or
92	92	(2) any county in which the commission may conduct a
93	93	hearing.
94	94	(f) The court shall order compliance with the subpoena if
95	95	the court finds that good cause exists to issue the subpoena.
96	96	Sec. 1701.727. REIMBURSEMENT. A member of the panel or an
97	97	advisory committee of the panel is not entitled to compensation for
98	98	service on the panel or on an advisory committee of the panel but
99	99	may be reimbursed for travel and other reasonable and necessary
100	100	expenses incurred in connection with the member's service on the
101	101	panel or advisory committee as provided by the General
102	102	Appropriations Act.
103	103	Sec. 1701.728. ASSISTANCE BY COMMISSION. The commission
104	104	shall provide facilities and administrative support as reasonably
105	105	necessary for the panel to carry out its duties.
106	106	Sec. 1701.729. STUDY. The panel shall study and make
107	107	recommendations regarding the regulation of persons licensed under
108	108	this chapter and entities authorized by law to employ those
109	109	persons. In conducting the study, the panel shall consider the
110	110	following:
111	111	(1) the standards of conduct applicable to persons
112	112	licensed under this chapter, including whether statewide standards
113	113	should be developed and who should develop, review, and update
114	114	those standards;
115	115	(2) the education and training requirements for
116	116	persons licensed under this chapter, including:
117	117	(A) the requirements for the issuance of each
118	118	type of license and the frequency with which those requirements are
119	119	reviewed and updated; and
120	120	(B) the continuing education requirements for
121	121	each type of license and the frequency with which those
122	122	requirements are reviewed and updated;
123	123	(3) the commission's regulation of training programs
124	124	and schools; and
125	125	(4) the accountability to the public of persons
126	126	licensed under this chapter and of entities authorized by law to
127	127	employ persons licensed under this chapter, including:
128	128	(A) the need for statewide standards applicable
129	129	to the entities and who should develop, review, and update those
130	130	standards;
131	131	(B) changes to the commission's authority to
132	132	discipline a license holder for violations of law or other
133	133	misconduct;
134	134	(C) appropriate procedures to protect a license
135	135	holder's rights during a disciplinary proceeding;
136	136	(D) the reporting of terminations under
137	137	Subchapter J; and
138	138	(E) the circumstances under which the commission
139	139	may require a license holder to submit to an examination described
140	140	by Section 1701.306.
141	141	Sec. 1701.730. REPORT; CERTAIN VOTES REQUIRED. (a) Not
142	142	later than June 1, 2024, the panel shall deliver a report to the
143	143	governor, the lieutenant governor, the speaker of the house of
144	144	representatives, each member of the legislature, and the Sunset
145	145	Advisory Commission on the areas of study described by Section
146	146	1701.729, including any legislative recommendations adopted by the
147	147	panel.
148	148	(b) A legislative recommendation may be adopted by a
149	149	majority vote of a quorum of the panel.
150	150	(c) The report under this section may be issued only if the
151	151	report is adopted by a two-thirds vote of the total membership of
152	152	the panel.
153	153	Sec. 1701.731. EXPIRATION. The panel is abolished and this
154	154	subchapter expires December 31, 2024.
155	155	SECTION 2. Not later than September 1, 2023, the governor,
156	156	lieutenant governor, and speaker of the house of representatives
157	157	shall appoint members to the panel in accordance with Section
158	158	1701.722, Occupations Code, as added by this Act.
159	159	SECTION 3. This Act takes effect September 1, 2023.