| 1 | 1 | | 88R9269 JCG-D |
|---|
| 2 | 2 | | By: Wu H.B. No. 2319 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to disciplinary action against a peace officer by the |
|---|
| 8 | 8 | | Texas Commission on Law Enforcement for failure to cooperate with |
|---|
| 9 | 9 | | an investigation by a law enforcement agency. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter K, Chapter 1701, Occupations Code, is |
|---|
| 12 | 12 | | amended by adding Section 1701.5015 to read as follows: |
|---|
| 13 | 13 | | Sec. 1701.5015. FAILURE TO COOPERATE WITH INVESTIGATION BY |
|---|
| 14 | 14 | | LAW ENFORCEMENT AGENCY. (a) Except as provided by Subsection (b), |
|---|
| 15 | 15 | | the commission shall suspend or revoke the license of a peace |
|---|
| 16 | 16 | | officer who fails to cooperate, including by submitting to an |
|---|
| 17 | 17 | | interview, with a law enforcement agency during an investigation by |
|---|
| 18 | 18 | | the agency. |
|---|
| 19 | 19 | | (b) A peace officer's license may not be suspended or |
|---|
| 20 | 20 | | revoked under this section solely on the grounds that the peace |
|---|
| 21 | 21 | | officer invoked the officer's right against self-incrimination |
|---|
| 22 | 22 | | under the United States Constitution or the Texas Constitution. |
|---|
| 23 | 23 | | (c) The commission shall adopt rules to implement this |
|---|
| 24 | 24 | | section. |
|---|
| 25 | 25 | | SECTION 2. As soon as practicable after the effective date |
|---|
| 26 | 26 | | of this Act, the Texas Commission on Law Enforcement shall adopt the |
|---|
| 27 | 27 | | rules required by Section 1701.5015, Occupations Code, as added by |
|---|
| 28 | 28 | | this Act. |
|---|
| 29 | 29 | | SECTION 3. Section 1701.5015, Occupations Code, as added by |
|---|
| 30 | 30 | | this Act, applies only to conduct that occurs on or after the |
|---|
| 31 | 31 | | effective date of this Act. Conduct that occurs before the |
|---|
| 32 | 32 | | effective date of this Act is governed by the law in effect on the |
|---|
| 33 | 33 | | date the conduct occurred, and the former law is continued in effect |
|---|
| 34 | 34 | | for that purpose. |
|---|
| 35 | 35 | | SECTION 4. This Act takes effect September 1, 2023. |
|---|