88R9077 SCP-D
By: Paxton, et al. S.B. No. 1445
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Commission
on Law Enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.002, Occupations Code, is amended
to read as follows:
Sec. 1701.002. APPLICATION OF SUNSET ACT. The Texas
Commission on Law Enforcement is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the commission is abolished and this chapter
expires September 1, 2035 [2023].
SECTION 2. Section 1701.059, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing [legislation that created the]
commission operations;
(2) the programs, functions, rules, and budget of the
commission;
(3) the scope of and limitations on the rulemaking
authority of the commission;
(4) the results of the most recent formal audit of the
commission;
(5) [(4)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of a state
policy-making body in performing their duties; and
(6) [(5)] any applicable ethics policies adopted by
the commission or the Texas Ethics Commission.
(d) The executive director of the commission shall create a
training manual that includes the information required by
Subsection (b). The executive director shall distribute a copy of
the training manual annually to each member of the commission. Each
commission member shall sign and submit to the executive director a
statement acknowledging that the member received and has reviewed
the training manual.
SECTION 3. Section 1701.151, Occupations Code, is amended
to read as follows:
Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING
AUTHORITY. The commission may:
(1) adopt rules for the administration of this chapter
and for the commission's internal management and control;
(2) establish minimum standards relating to
competence and reliability, including education, training,
physical, and mental[, and moral] standards, for licensing as an
officer, county jailer, public security officer, or
telecommunicator;
(3) report to the governor and legislature on the
commission's activities, with recommendations on matters under the
commission's jurisdiction, and make other reports that the
commission considers desirable;
(4) require a state agency or a county, special
district, or municipality in this state that employs officers,
telecommunicators, or county jailers to submit reports and
information;
(5) contract as the commission considers necessary for
services, facilities, studies, and reports required for:
(A) cooperation with municipal, county, special
district, state, and federal law enforcement agencies in training
programs; and
(B) performance of the commission's other
functions; and
(6) conduct research and stimulate research by public
and private agencies to improve law enforcement and police
administration.
SECTION 4. Section 1701.163, Occupations Code, is amended
to read as follows:
Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT
AGENCIES [INFORMATION PROVIDED BY COMMISSIONING ENTITIES]. [(a)
This section applies only to an entity authorized by statute or by
the constitution to create a law enforcement agency or police
department and commission, appoint, or employ officers that first
creates a law enforcement agency or police department and first
begins to commission, appoint, or employ officers on or after
September 1, 2009.
[(b)] The [entity shall submit to the] commission, with
input from an advisory committee, shall by rule establish minimum
standards with respect to the creation or operation of a law
enforcement agency, including [on creation of the law enforcement
agency or police department information regarding]:
(1) a determination regarding the need for creating
the [law enforcement] agency [or police department] in the
community;
(2) the sustainable funding sources for the [law
enforcement] agency [or police department];
(3) the physical resources available to officers,
which may differ based on the size of the law enforcement agency,
including:
(A) duty firearms, including patrol rifles and
shotguns;
(B) less lethal force weapons, including a
requirement of at least one per officer on duty;
(C) effective communications equipment;
(D) protective equipment, including a
requirement of at least one protective vest per officer on duty;
(E) officer uniforms; and
(F) patrol vehicles and associated equipment;
(4) the physical facilities of [that] the [law
enforcement] agency [or police department will operate], including
any [descriptions of the] evidence room, dispatch area, or [and]
public area;
(5) the [law enforcement] policies of the [law
enforcement] agency [or police department], including policies on:
(A) use of force;
(B) vehicle pursuit;
(C) professional conduct of officers;
(D) domestic abuse protocols;
(E) response to missing persons;
(F) supervision of part-time officers; [and]
(G) impartial policing;
(H) active shooters; and
(I) barricaded subjects;
(6) the administrative structure of the [law
enforcement] agency [or police department];
(7) liability insurance; and
(8) any other standard [information] the commission
considers necessary [requires by rule].
SECTION 5. Subchapter D, Chapter 1701, Occupations Code, is
amended by adding Sections 1701.165, 1701.166, 1701.167, 1701.168,
and 1701.169 to read as follows:
Sec. 1701.165. ADVISORY COMMITTEES. (a) The commission by
rule may establish advisory committees to make recommendations to
the commission on programs, rules, and policies administered by the
commission.
(b) In establishing an advisory committee under this
section, the commission shall adopt rules, including rules
regarding:
(1) the purpose, role, responsibility, goals, and
duration of the committee;
(2) the size of and quorum requirement for the
committee;
(3) qualifications for committee membership;
(4) appointment procedures for members;
(5) terms of service for members;
(6) training requirements for members;
(7) policies to avoid conflicts of interest by
committee members;
(8) a periodic review process to evaluate the
continuing need for the committee; and
(9) policies to ensure the committee does not violate
any provision of Chapter 551, Government Code, applicable to the
commission or the committee.
Sec. 1701.166. SUBPOENA. (a) The commission may compel by
subpoena the production for inspection or copying of a record
described by Section 1701.162(a) that is relevant to the
investigation of an alleged violation of this chapter or a
commission rule.
(b) The commission, 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 in which the commission may conduct a
hearing.
(d) The court shall order compliance with the subpoena if
the court finds that good cause exists to issue the subpoena.
Sec. 1701.167. EXAMINATION OF LICENSE HOLDER. (a) The
commission shall adopt rules specifying the circumstances under
which the commission may request that a license holder submit to an
examination described by Section 1701.306(a) by a psychologist,
psychiatrist, or physician selected by the commission to determine
whether the license holder continues to meet the standards required
by that section.
(b) If the license holder refuses to submit to the
examination, the commission shall issue an order requiring the
person to show cause for the person's refusal at a hearing on the
order scheduled for not later than the 30th day after the date
notice is served on the person. The commission shall provide notice
under this section by personal service or by registered mail,
return receipt requested.
(c) At the hearing, the person may appear in person and by
counsel and present evidence to justify the person's refusal to
submit to examination. After the hearing, the commission shall
issue an order requiring the person to submit to an examination
under this section or withdrawing the request for the examination.
(d) Unless the request is withdrawn, the commission may
suspend the license of a person who refuses to submit to the
examination.
(e) An appeal from the commission's order under this section
is governed by Chapter 2001, Government Code.
(f) If the results of an examination under this section show
that the person does not meet the standards of Section 1701.306(a),
the commission shall suspend the person's license.
(g) Records relating to a request or order of the commission
or a hearing or examination conducted under this section,
including, if applicable, the identity of the person notifying the
commission that a license holder may not meet the standards
required by Section 1701.306(a), are confidential and not subject
to disclosure under Chapter 552, Government Code.
(h) An order issued by the commission regarding a license
holder that is based on information obtained during an examination
under this section may only reference the statutory basis for the
order and may not disclose the reason for the examination.
Sec. 1701.168. REFUSAL OR FAILURE OF EXAMINATION. (a)
Except as provided by Subsection (b), a law enforcement agency
shall report to the commission a license holder who refuses to
submit to or fails an examination ordered under Section 1701.167.
(b) A law enforcement agency is not required to report a
failed examination under Subsection (a) if the license holder
submits to and successfully completes a treatment program within a
reasonable time, as prescribed by commission rule. A law
enforcement agency may assign a license holder who submits to a
treatment program under this subsection to a non-law enforcement
role for the duration of the treatment program and until the license
holder passes the examination.
Sec. 1701.169. PREEMPLOYMENT DATABASE. The commission
shall designate one or more national law enforcement databases that
a law enforcement agency must access to complete the preemployment
background check required under Sections 1701.303(a) and
1701.451(a). A database designated under this section must:
(1) contain records related to a person's previous law
enforcement employment or experience, including any:
(A) commendations or awards;
(B) misconduct or disciplinary records; and
(C) certifications or licenses held;
(2) be maintained by the federal government or a
nationally recognized law enforcement accreditation association;
and
(3) provide a process for a person to contest or amend
any information maintained in the database relating to the person.
SECTION 6. Section 1701.202, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) Except as provided by Subsection (d), on [On] request, a
license holder is entitled to [may] obtain information regarding a
complaint made against the license holder under this chapter,
including a complete copy of the complaint file. On receipt of a
request under this subsection, the commission shall provide the
requested information in a timely manner to allow the license
holder time to respond to the complaint.
(d) The commission is not required to provide the identity
of any nontestifying complainant in response to a request under
Subsection (b).
SECTION 7. Section 1701.203(c), Occupations Code, is
amended to read as follows:
(c) The commission shall periodically notify the complaint
parties [to the complaint] of the status of the complaint until
final disposition unless the notice would jeopardize an
investigation.
SECTION 8. Subchapter E, Chapter 1701, Occupations Code, is
amended by adding Section 1701.205 to read as follows:
Sec. 1701.205. OFFICER PROFILES. (a) The commission shall
create a public database containing profiles of each officer
licensed under this chapter. A profile must:
(1) include the information required by Subsection
(b); and
(2) be compiled in a format that makes the information
contained in the profile readily available to the public.
(b) Except as otherwise provided by this section, a profile
must contain the following information with respect to each
officer:
(1) the date the officer completed the basic training
course;
(2) whether the officer is in compliance with
continuing education requirements and the continuing education
courses completed;
(3) the total hours of training the officer has
completed; and
(4) the date the officer's license was issued.
(c) The commission shall adopt rules to exclude from the
database profiles for certain officers if including the profile
would create a safety risk for the officer based on the officer's
position or duties, including the profiles of undercover officers
and officers involved in active narcotics operations.
SECTION 9. Section 1701.253, Occupations Code, is amended
by adding Subsection (a-1) and amending Subsections (g), (h), (i),
(j), (l), (m), (o), and (p) to read as follows:
(a-1) The commission by rule shall establish deadlines for
an officer to complete any minimum curriculum requirements that are
not completed as part of the officer's basic training course.
(g) As part of the minimum curriculum requirements, the
commission shall establish a statewide comprehensive education and
training program on asset forfeiture under Chapter 59, Code of
Criminal Procedure, for officers licensed under this chapter. [An
officer shall complete a program established under this subsection
not later than the second anniversary of the date the officer is
licensed under this chapter or the date the officer applies for an
intermediate proficiency certificate, whichever date is earlier.]
(h) As part of the minimum curriculum requirements, the
commission shall establish a statewide comprehensive education and
training program on racial profiling for officers licensed under
this chapter. [An officer shall complete a program established
under this subsection not later than the second anniversary of the
date the officer is licensed under this chapter or the date the
officer applies for an intermediate proficiency certificate,
whichever date is earlier.]
(i) As part of the minimum curriculum requirements, the
commission shall establish a statewide comprehensive education and
training program on identity theft under Section 32.51, Penal Code,
for officers licensed under this chapter. [An officer shall
complete a program established under this subsection not later than
the second anniversary of the date the officer is licensed under
this chapter or the date the officer applies for an intermediate
proficiency certificate, whichever date is earlier.]
(j) As part of the minimum curriculum requirements, the
commission shall require an officer to complete a 40-hour statewide
education and training program on de-escalation and crisis
intervention techniques to facilitate interaction with persons
with mental impairments. [An officer shall complete the program
not later than the second anniversary of the date the officer is
licensed under this chapter or the date the officer applies for an
intermediate proficiency certificate, whichever date is earlier.]
An officer may not satisfy the requirements of this subsection or
Section 1701.402(g) by taking an online course on de-escalation and
crisis intervention techniques to facilitate interaction with
persons with mental impairments.
(l) As part of the minimum curriculum requirements, the
commission shall require an officer licensed by the commission on
or after January 1, 2016, to complete a canine encounter training
program established by the commission under Section 1701.261. [An
officer shall complete the program not later than the second
anniversary of the date the officer is licensed under this chapter
unless the officer completes the program as part of the officer's
basic training course.]
(m) As part of the minimum curriculum requirements, the
commission shall establish a statewide comprehensive education and
training program on procedures for interacting with drivers who are
deaf or hard of hearing, as defined by Section 81.001, Human
Resources Code, including identifying specialty license plates
issued to individuals who are deaf or hard of hearing under Section
504.204, Transportation Code. [An officer shall complete a program
established under this subsection not later than the second
anniversary of the date the officer is licensed under this chapter
or the date the officer applies for an intermediate proficiency
certificate, whichever date is earlier.]
(o) As part of the minimum curriculum requirements, the
commission shall require an officer to complete the civilian
interaction training program developed under Section 1701.268. [An
officer shall complete the program not later than the second
anniversary of the date the officer is licensed under this chapter
unless the officer completes the program as part of the officer's
basic training course.]
(p) As part of the minimum curriculum requirements, the
commission shall require an officer to complete the basic education
and training program on the trafficking of persons developed under
Section 1701.258(a). [An officer shall complete the program not
later than the second anniversary of the date the officer is
licensed under this chapter unless the officer completes the
program as part of the officer's basic training course.]
SECTION 10. Section 1701.303(a), Occupations Code, is
amended to read as follows:
(a) Before a [A] law enforcement agency or governmental
entity [that] hires a person for whom a license is sought, the law
enforcement agency must:
(1) review any information relating to the person
available in a database designated by the commission under Section
1701.169; and
(2) file an application with the commission as
provided by commission rule.
SECTION 11. Section 1701.404(b), Occupations Code, is
amended to read as follows:
(b) The commission may certify a sheriff, sheriff's deputy,
constable, other peace officer, county jailer, or justice of the
peace as a special officer for offenders with mental impairments if
the person:
(1) completes a training course in emergency first aid
and lifesaving techniques approved by the commission;
(2) completes a training course administered by the
commission on mental health issues and offenders with mental
impairments; and
(3) passes an examination administered by the
commission that is designed to test the person's:
(A) knowledge and recognition of the
characteristics and symptoms of mental illness, intellectual
disabilities [mental retardation], and developmental [mental]
disabilities; and
(B) knowledge of mental health crisis
intervention strategies for people with mental impairments.
SECTION 12. Section 1701.451(a), Occupations Code, is
amended to read as follows:
(a) Before a law enforcement agency may hire a person
licensed under this chapter, the agency must, on a form and in the
manner prescribed by the commission:
(1) obtain the person's written consent for the agency
to review the information required to be reviewed under this
section;
(2) request from the commission and any other
applicable person information required to be reviewed under this
section; and
(3) submit to the commission confirmation that the
agency, to the best of the agency's ability before hiring the
person:
(A) contacted each entity or individual
necessary to obtain the information required to be reviewed under
this section; and
(B) except as provided by Subsection (b),
obtained and reviewed as related to the person, as applicable:
(i) personnel files and other employee
records from each previous law enforcement agency employer,
including the employment application submitted to the previous
employer;
(ii) employment termination reports
maintained by the commission under this subchapter;
(iii) service records maintained by the
commission;
(iv) proof that the person meets the
minimum qualifications for enrollment in a training program under
Section 1701.251(a);
(v) a military veteran's United States
Department of Defense Form DD-214 or other military discharge
record;
(vi) criminal history record information;
(vii) information on pending warrants as
available through the Texas Crime Information Center and National
Crime Information Center;
(viii) evidence of financial
responsibility as required by Section 601.051, Transportation
Code;
(ix) a driving record from the Department
of Public Safety;
(x) proof of United States citizenship;
[and]
(xi) information on the person's background
from at least three personal references and at least two
professional references; and
(xii) information on the person's law
enforcement background as available through a database designated
by the commission under Section 1701.169.
SECTION 13. Section 1701.453, Occupations Code, is amended
to read as follows:
Sec. 1701.453. MAINTENANCE OF REPORTS [AND STATEMENTS].
The commission shall maintain a copy of each report [and statement]
submitted to the commission under this subchapter until at least
the 10th anniversary of the date on which the report [or statement]
is submitted.
SECTION 14. Section 1701.456(a), Occupations Code, is
amended to read as follows:
(a) The commission is not liable for civil damages for
providing information contained in a report [or statement]
maintained by the commission under this subchapter if the
commission released the information as provided by this subchapter.
SECTION 15. The heading to Subchapter K, Chapter 1701,
Occupations Code, is amended to read as follows:
SUBCHAPTER K. DISCIPLINARY GROUNDS AND PROCEDURES
SECTION 16. Subchapter K, Chapter 1701, Occupations Code,
is amended by adding Section 1701.5011 to read as follows:
Sec. 1701.5011. EMERGENCY SUSPENSION. (a) The commission
shall adopt rules specifying the circumstances under which the
commission may issue an emergency order, without a hearing,
suspending a person's license for a period not to exceed 90 days
after determining that the person constitutes an imminent threat to
the public health, safety, or welfare.
(b) An order suspending a license under this section must
state the length of the suspension in the order.
(c) If an emergency order is issued without a hearing under
this section, the commission shall, not later than the 10th day
after the date the order was issued, set the time and place for a
hearing on the order. The hearing must be conducted as soon as
practicable. A hearing under this section to affirm, modify, or set
aside the emergency order shall be conducted by the State Office of
Administrative Hearings. The order shall be affirmed to the extent
that good cause existed to issue the order.
(d) The commission by rule may prescribe procedures for the
determination and appeal of an emergency order issued under this
section, including a rule allowing the commission to affirm,
modify, or set aside a decision made by the State Office of
Administrative Hearings under Subsection (c).
(e) A proceeding under this section is a contested case
under Chapter 2001, Government Code.
SECTION 17. The following provisions of the Occupations
Code are repealed:
(1) Sections 1701.452(b) and (c);
(2) Section 1701.4521; and
(3) Section 1701.4525.
SECTION 18. (a) Except as provided by Subsection (b) of
this section, Section 1701.059, Occupations Code, as amended by
this Act, applies to a member of the Texas Commission on Law
Enforcement appointed before, on, or after the effective date of
this Act.
(b) A member of the Texas Commission on Law Enforcement who,
before the effective date of this Act, completed the training
program required by Section 1701.059, Occupations Code, as that law
existed before the effective date of this Act, is only required to
complete additional training on the subjects added by this Act to
the training program required by Section 1701.059, Occupations
Code. A commission member described by this subsection may not
vote, deliberate, or be counted as a member in attendance at a
meeting of the commission held on or after December 1, 2023, until
the member completes the additional training.
SECTION 19. (a) Not later than March 1, 2024, the Texas
Commission on Law Enforcement shall:
(1) adopt rules and update forms as necessary to
implement the changes in law made by this Act to Chapter 1701,
Occupations Code; and
(2) designate the database as required by Section
1701.169, Occupations Code, as added by this Act.
(b) Not later than September 1, 2024, the Texas Commission
on Law Enforcement shall establish the database containing officer
profiles as required by Section 1701.205, Occupations Code, as
added by this Act.
SECTION 20. Sections 1701.303(a) and 1701.451(a),
Occupations Code, as amended by this Act, apply only with respect to
a person hired on or after March 1, 2024. A person hired before
March 1, 2024, is governed by the law in effect immediately before
the effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 21. The changes in law made by this Act to
Subchapter J, Chapter 1701, Occupations Code, apply only to a
report required to be submitted under Section 1701.452, Occupations
Code, as amended by this Act, regarding a separation of a license
holder that occurs on or after March 1, 2024. A separation that
occurs before March 1, 2024, is governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
SECTION 22. This Act takes effect September 1, 2023.