88R8134 JCG-D
By: Goodwin H.B. No. 1840
A BILL TO BE ENTITLED
AN ACT
relating to establishing a panel to study the regulation of law
enforcement officers and law enforcement agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1701, Occupations Code, is amended by
adding Subchapter P to read as follows:
SUBCHAPTER P. PANEL TO REVIEW LAW ENFORCEMENT REGULATION
Sec. 1701.721. DEFINITION. In this subchapter, "panel"
means the panel established under Section 1701.722.
Sec. 1701.722. PANEL ESTABLISHED; COMPOSITION. (a) A
panel to study the regulation of persons licensed under this
chapter and the entities authorized by law to employ those persons
is established. The panel consists of the following 17 members:
(1) nine members who are knowledgeable on criminal
justice matters, including law enforcement personnel,
representatives of victims' rights groups, educators, judges, and
local elected officials, appointed as follows:
(A) three members appointed by the governor;
(B) three members appointed by the lieutenant
governor; and
(C) three members appointed by the speaker of the
house of representatives;
(2) three members who represent the public, one
appointed by the governor, one appointed by the lieutenant
governor, and one appointed by the speaker of the house of
representatives;
(3) the chair of the Senate Committee on Criminal
Justice;
(4) the chair of the House Committee on Homeland
Security and Public Safety;
(5) the chair of the board of the Texas District and
County Attorneys Association or the chair's designee; and
(6) as nonvoting members:
(A) the executive director of the commission; and
(B) the attorney general or the attorney
general's designee.
(b) In appointing members of the panel under Subsection
(a)(1), the governor, lieutenant governor, and speaker of the house
of representatives shall each appoint:
(1) one representative of a rural county or a small
municipality; and
(2) one representative of a law enforcement agency.
(c) The governor shall designate a chair and vice chair of
the panel. The panel shall meet at the call of the chair.
Sec. 1701.723. ADVISORY COMMITTEES. The panel may
establish one or more advisory committees to assist the panel in its
duties under this subchapter. Advisory committee members may
include any person with knowledge or experience relevant to the
study conducted under Section 1701.729.
Sec. 1701.724. OPEN MEETINGS; PUBLIC HEARINGS. (a) The
panel, and any advisory committee established by the panel, is
subject to Chapter 551, Government Code.
(b) Notwithstanding Chapter 551, Government Code, or any
other law, the panel and any advisory committee may meet by
telephone conference call, videoconference, or other similar
telecommunication method. A meeting held under this subsection by
telephone conference call, videoconference, or other similar
telecommunication method is subject to the requirements of Sections
551.125(c)-(f), Government Code.
(c) The panel shall hold a public hearing at least once
every month to solicit testimony and provide information to the
public regarding the work of the panel.
Sec. 1701.725. CONFIDENTIALITY OF CERTAIN DOCUMENTS.
Preliminary drafts of the final report and legislative
recommendations, memoranda of panel members expressing opinions,
formulations, or recommendations, and panel members' notes and
correspondence with individuals who are not panel members are
confidential and not subject to disclosure under Chapter 552,
Government Code.
Sec. 1701.726. SUBPOENA. (a) The panel may issue a
subpoena as provided by this section.
(b) The panel may request and, if necessary, compel by
subpoena:
(1) the production for inspection and copying of
documents and other records relevant to the panel's duties under
this subchapter; and
(2) the attendance of a witness for examination under
oath.
(c) A subpoena under this section may be issued throughout
this state and may be served by any person designated by the panel.
(d) The panel, acting through the attorney general, may
bring an action to enforce a subpoena issued under this section
against a person who fails to comply with the subpoena.
(e) Venue for an action brought under this section is in a
district court in:
(1) Travis County; or
(2) any county in which the commission may conduct a
hearing.
(f) The court shall order compliance with the subpoena if
the court finds that good cause exists to issue the subpoena.
Sec. 1701.727. REIMBURSEMENT. A member of the panel or an
advisory committee of the panel is not entitled to compensation for
service on the panel or on an advisory committee of the panel but
may be reimbursed for travel and other reasonable and necessary
expenses incurred in connection with the member's service on the
panel or advisory committee as provided by the General
Appropriations Act.
Sec. 1701.728. ASSISTANCE BY COMMISSION. The commission
shall provide facilities and administrative support as reasonably
necessary for the panel to carry out its duties.
Sec. 1701.729. STUDY. The panel shall study and make
recommendations regarding the regulation of persons licensed under
this chapter and entities authorized by law to employ those
persons. In conducting the study, the panel shall consider the
following:
(1) the standards of conduct applicable to persons
licensed under this chapter, including whether statewide standards
should be developed and who should develop, review, and update
those standards;
(2) the education and training requirements for
persons licensed under this chapter, including:
(A) the requirements for the issuance of each
type of license and the frequency with which those requirements are
reviewed and updated; and
(B) the continuing education requirements for
each type of license and the frequency with which those
requirements are reviewed and updated;
(3) the commission's regulation of training programs
and schools; and
(4) the accountability to the public of persons
licensed under this chapter and of entities authorized by law to
employ persons licensed under this chapter, including:
(A) the need for statewide standards applicable
to the entities and who should develop, review, and update those
standards;
(B) changes to the commission's authority to
discipline a license holder for violations of law or other
misconduct;
(C) appropriate procedures to protect a license
holder's rights during a disciplinary proceeding;
(D) the reporting of terminations under
Subchapter J; and
(E) the circumstances under which the commission
may require a license holder to submit to an examination described
by Section 1701.306.
Sec. 1701.730. REPORT; CERTAIN VOTES REQUIRED. (a) Not
later than June 1, 2024, the panel shall deliver a report to the
governor, the lieutenant governor, the speaker of the house of
representatives, each member of the legislature, and the Sunset
Advisory Commission on the areas of study described by Section
1701.729, including any legislative recommendations adopted by the
panel.
(b) A legislative recommendation may be adopted by a
majority vote of a quorum of the panel.
(c) The report under this section may be issued only if the
report is adopted by a two-thirds vote of the total membership of
the panel.
Sec. 1701.731. EXPIRATION. The panel is abolished and this
subchapter expires December 31, 2024.
SECTION 2. Not later than September 1, 2023, the governor,
lieutenant governor, and speaker of the house of representatives
shall appoint members to the panel in accordance with Section
1701.722, Occupations Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.