88R13154 SHH-F
By: Garcia H.B. No. 3376
A BILL TO BE ENTITLED
AN ACT
relating to psychological and physical examinations required to
obtain a license issued by the Texas Commission on Law Enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.306, Occupations Code, is amended
to read as follows:
Sec. 1701.306. PSYCHOLOGICAL AND PHYSICAL EXAMINATION. (a)
In this section:
(1) "Mental health professional" means a:
(A) psychologist licensed under Chapter 501;
(B) psychiatrist licensed under Subtitle B,
Title 3; or
(C) person licensed under Subtitle I, Title 3,
other than a person described by Paragraph (A), who holds a doctoral
degree from an accredited institution of higher education in the
field in which the person is licensed.
(2) "Physician" means a person licensed under Subtitle
B, Title 3.
(a-1) The commission may not issue a license to a person
unless the person is examined by:
(1) a mental health professional [licensed
psychologist or by a psychiatrist] who declares in writing that the
person is in satisfactory psychological and emotional health to
serve as the type of officer for which a license is sought; and
(2) a [licensed] physician who declares in writing
that the person does not show any trace of drug dependency or
illegal drug use after a blood test or other medical test.
(b) An agency hiring a person for whom a license is sought
shall select the examining physician and the examining mental
health professional [psychologist or psychiatrist]. The agency
shall prepare a report of each declaration required by Subsection
(a-1) [(a)] and shall maintain a copy of the report on file in a
format readily accessible to the commission. A declaration is not
public information.
(c) The commission shall adopt rules that:
(1) relate to appropriate standards and measures to be
used by a law enforcement agency in reporting the declarations made
under Subsection (a-1) [(a)]; and
(2) provide for exceptional circumstances in the
administration of the examination of the applicant's psychological
and emotional health, including permitting the examination to be
made by a qualified [licensed] physician instead of a mental health
professional [psychologist or psychiatrist].
(d) The commission may order an applicant to submit to an
examination described by Subsection (a-1) [(a)] by a mental health
professional [psychologist, psychiatrist,] or physician appointed
by the commission if the commission:
(1) has cause to believe that a law enforcement agency
failed to follow commission rules relating to an examination; or
(2) discovers that the applicant has submitted a false
declaration.
SECTION 2. The changes in law made by this Act to Section
1701.306, Occupations Code, apply to a license for which an
application is filed under Chapter 1701, Occupations Code, on or
after the effective date of this Act. An application for a license
filed under Chapter 1701, Occupations Code, before the effective
date of this Act is governed by the law in effect on the date the
application was filed, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2023.