88R25604 JCG-D
By: Holland H.B. No. 4873
Substitute the following for H.B. No. 4873:
By: Guillen C.S.H.B. No. 4873
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of peace officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 1701, Occupations Code, is
amended by adding Sections 1701.165 and 1701.166 to read as
follows:
Sec. 1701.165. STANDARDS OF CONDUCT. (a) The commission by
rule shall prescribe standards of conduct for officers.
(b) The standards of conduct must establish minimum
standards with respect to the following:
(1) pursuit of a suspect;
(2) arrest and control tactics;
(3) executing high-risk warrants; and
(4) conducting traffic stops, including a uniform
standard for conducting a traffic stop for an offense punishable by
fine only.
(c) The commission shall biennially review and update the
standards of conduct as necessary.
Sec. 1701.166. SUBMISSION OF REVOKED LICENSE TO NATIONAL
DATABASE. (a) In this section, "national misconduct database"
means the National Decertification Index maintained by the
International Association of Directors of Law Enforcement
Standards and Training, or a similar database selected by the
commission that serves as a registry for the revocation of officer
licenses in several jurisdictions based on misconduct committed by
the officer.
(b) The commission shall submit to the national misconduct
database information necessary to create a record in the database
for each officer license the commission revokes under Section
1701.501(a-1) or 1701.4521.
SECTION 2. Subchapter E, Chapter 1701, Occupations Code, is
amended by adding Sections 1701.2025 and 1701.2026 to read as
follows:
Sec. 1701.2025. PANEL TO INVESTIGATE VIOLATIONS OF
STANDARDS OF CONDUCT. (a) The governor shall appoint a panel to
investigate alleged violations of the standards of conduct adopted
under Section 1701.165.
(b) The panel consists of nine members appointed by the
governor as follows:
(1) one member of the commission, who serves as
presiding officer of the panel;
(2) one member of the Texas Indigent Defense
Commission;
(3) one peace officer licensed under this chapter
selected from a list of six names provided to the governor by the
president, or the president's designee, of the Combined Law
Enforcement Associations of Texas, or its successor organization;
(4) one peace officer licensed under this chapter
selected from a list of six names provided to the governor by the
president, or the president's designee, of the Texas Municipal
Police Association, or its successor organization;
(5) one peace officer licensed under this chapter from
a list of three names provided by the president, or the president's
designee, of the Sheriffs' Association of Texas, or its successor
organization;
(6) one peace officer licensed under this chapter from
a list of three names provided by the president, or the president's
designee, of the Texas Police Chiefs Association, or its successor
organization; and
(7) three persons, each of whom:
(A) has been a resident of this state for at least
one year before the date of appointment;
(B) meets the minimum age for obtaining a license
as an officer as provided by Section 1701.309; and
(C) is not disqualified under this chapter from
obtaining a license as an officer.
(c) Members of the panel serve two-year terms.
(d) The panel shall meet at the call of the presiding
officer.
(e) A member of the panel is not entitled to compensation
for service on the panel but is entitled to reimbursement for
expenses incurred in performing official duties as a member of the
panel, as provided by the General Appropriations Act.
Sec. 1701.2026. ADMINISTRATIVE SUBPOENA. (a) In the
investigation of an alleged violation of a standard of conduct
adopted under Section 1701.165, the commission or the panel
established under Section 1701.2025 may request and, if necessary,
compel by subpoena:
(1) the attendance of a witness for examination under
oath; and
(2) the production for inspection and copying of
records, documents, and other evidence relevant to the
investigation, including the personnel files and other employee
records regarding the person who is the subject of the
investigation.
(b) The commission or panel, as applicable, acting through
the attorney general, may bring an action to enforce a subpoena
issued under Subsection (a) against a person who fails to comply
with the subpoena.
(c) Venue for an action brought under Subsection (b) is in a
district court in:
(1) Travis County; or
(2) any county of proper venue as provided by Chapter
15, Civil Practices and Remedies Code.
(d) The court shall order compliance with the subpoena if
the court finds that good cause exists to issue the subpoena.
(e) The commission shall adopt rules for the attendance of a
witness by videoconference in response to a subpoena issued under
this section.
SECTION 3. Subchapter G, Chapter 1701, Occupations Code, is
amended by adding Section 1701.3135 to read as follows:
Sec. 1701.3135. DISQUALIFICATION: REVOCATION OR SUSPENSION
IN ANOTHER STATE. A person is disqualified to be an officer, and
the commission may not issue an officer license to the person, if
the person has been issued a license or other authorization to act
as an officer in another state and the license or authorization was
revoked or suspended.
SECTION 4. Section 1701.501, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) Except as provided by Subsection (d) and Section
1701.5015, the commission may revoke or suspend a license, place on
probation a person whose license has been suspended, or reprimand a
license holder for violating a standard of conduct adopted under
Section 1701.165.
SECTION 5. Subchapter K, Chapter 1701, Occupations Code, is
amended by adding Section 1701.5015 to read as follows:
Sec. 1701.5015. PANEL APPROVAL REQUIRED FOR CERTAIN
DISCIPLINARY ACTIONS. The commission may not take disciplinary
action against an officer for an alleged violation of a standard of
conduct adopted under Section 1701.165 unless the panel established
under Section 1701.2025, by a two-thirds vote, determines the
violation occurred and recommends the disciplinary action.
SECTION 6. Not later than January 1, 2024, the Texas
Commission on Law Enforcement shall:
(1) prescribe the standards of conduct required by
Section 1701.165, Occupations Code, as added by this Act; and
(2) adopt the rules necessary to implement Chapter
1701, Occupations Code, as amended by this Act.
SECTION 7. Not later than January 1, 2024, the governor
shall appoint members to the panel established under Section
1701.2025, Occupations Code, as added by this Act.
SECTION 8. Section 1701.3135, Occupations Code, as added by
this Act, applies only to an application for an officer license
submitted under Chapter 1701, Occupations Code, on or after the
effective date of this Act. An application submitted before the
effective date of this Act is governed by the law in effect on the
date the application was submitted, and the former law is continued
in effect for that purpose.
SECTION 9. The standards of conduct required by Section
1701.165, Occupations Code, as added by this Act, apply only to
conduct that occurs on or after January 1, 2024. Conduct that
occurs before January 1, 2024, is governed by the law in effect on
the date the conduct occurred, and the former law is continued in
effect for that purpose.
SECTION 10. This Act takes effect September 1, 2023.