Texas 2025 - 89th Regular

Texas House Bill HB4614 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Harless H.B. No. 4614
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the licensing and regulation of state correctional
7	9		officers; requiring an occupational license.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 1701.001, Occupations Code, is amended
10	12		by adding Subdivision (6-a) to read as follows:
11	13		(6-a) "State correctional officer" means a person
12	14		employed by the Texas Department of Criminal Justice and whose
13	15		primary responsibility is to supervise inmates within a
14	16		correctional facility.
15	17		SECTION 2. Section 1701.003(c), Occupations Code, is
16	18		amended to read as follows:
17	19		(c) This chapter does not prevent an employing agency from
18	20		establishing qualifications and standards for hiring or training
19	21		officers, state correctional officers, county jailers, or
20	22		telecommunicators that exceed the commission's minimum standards.
21	23		SECTION 3. Section 1701.151, Occupations Code, is amended
22	24		to read as follows:
23	25		Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING
24	26		AUTHORITY. The commission may:
25	27		(1) adopt rules for the administration of this chapter
26	28		and for the commission's internal management and control;
27	29		(2) establish minimum standards relating to
28	30		competence and reliability, including education, training,
29	31		physical, and mental standards, for licensing as an officer, state
30	32		correctional officer, county jailer, public security officer, or
31	33		telecommunicator;
32	34		(3) report to the governor and legislature on the
33	35		commission's activities, with recommendations on matters under the
34	36		commission's jurisdiction, and make other reports that the
35	37		commission considers desirable;
36	38		(4) require a state agency or a county, special
37	39		district, or municipality in this state that employs officers,
38	40		state correctional officers, telecommunicators, or county jailers
39	41		to submit reports and information;
40	42		(5) contract as the commission considers necessary for
41	43		services, facilities, studies, and reports required for:
42	44		(A) cooperation with municipal, county, special
43	45		district, state, and federal law enforcement agencies in training
44	46		programs; and
45	47		(B) performance of the commission's other
46	48		functions; and
47	49		(6) conduct research and stimulate research by public
48	50		and private agencies to improve law enforcement and police
49	51		administration.
50	52		SECTION 4. Section 1701.153(a), Occupations Code, is
51	53		amended to read as follows:
52	54		(a) The commission shall establish reporting standards and
53	55		procedures for:
54	56		(1) the appointment or employment and the termination
55	57		of officers, state correctional officers, county jailers, and
56	58		telecommunicators by law enforcement agencies;
57	59		(2) the activities of licensed training schools; and
58	60		(3) other matters the commission considers necessary
59	61		for the administration of this chapter.
60	62		SECTION 5. Section 1701.251, Occupations Code, is amended
61	63		by amending Subsections (a) and (c) and adding Subsection (d) to
62	64		read as follows:
63	65		(a) The commission shall establish and maintain training
64	66		programs for officers, state correctional officers, county
65	67		jailers, and telecommunicators. The training shall be conducted by
66	68		the commission staff or by other agencies and institutions the
67	69		commission considers appropriate.
68	70		(c) The commission may:
69	71		(1) issue or revoke the license of a school operated by
70	72		or for this state or a political subdivision of this state
71	73		specifically for training officers, state correctional officers,
72	74		county jailers, recruits, or telecommunicators;
73	75		(2) operate schools and conduct preparatory,
74	76		in-service, basic, and advanced courses in the schools, as the
75	77		commission determines appropriate, for officers, state
76	78		correctional officers, county jailers, recruits, and
77	79		telecommunicators;
78	80		(3) issue a license to a person to act as a qualified
79	81		instructor under conditions that the commission prescribes; and
80	82		(4) consult and cooperate with a municipality, county,
81	83		special district, state agency or other governmental agency, or a
82	84		university, college, junior college, or other institution,
83	85		concerning the development of schools and training programs for
84	86		officers, state correctional officers, county jailers, and
85	87		telecommunicators.
86	88		SECTION 6. Sections 1701.254(a) and (b), Occupations Code,
87	89		are amended to read as follows:
88	90		(a) The commission may visit and inspect a school conducting
89	91		a training course for officers, state correctional officers, county
90	92		jailers, telecommunicators, or recruits and make necessary
91	93		evaluations to determine if the school complies with this chapter
92	94		and commission rules.
93	95		(b) The commission shall develop a risk assessment method to
94	96		determine the relative performance of schools conducting training
95	97		courses for officers, state correctional officers, county jailers,
96	98		telecommunicators, or recruits. The commission shall base its
97	99		schedule for inspection of schools on the results of the risk
98	100		assessment.
99	101		SECTION 7. Section 1701.301, Occupations Code, is amended
100	102		to read as follows:
101	103		Sec. 1701.301. LICENSE REQUIRED. Except as provided by
102	104		Sections 1701.310, 1701.311, and 1701.405, a person may not appoint
103	105		or employ a person to serve as an officer, state correctional
104	106		officer, county jailer, school marshal, public security officer, or
105	107		telecommunicator unless the person holds an appropriate license
106	108		issued by the commission.
107	109		SECTION 8. Subchapter G, Chapter 1701, Occupations Code, is
108	110		amended by adding Sections 1701.3072 and 1701.3096 to read as
109	111		follows:
110	112		Sec. 1701.3072. ISSUANCE OF STATE CORRECTIONAL OFFICER
111	113		LICENSE. The commission shall issue a state correctional officer
112	114		license to a person who:
113	115		(1) submits an application;
114	116		(2) completes the training required under Section
115	117		1701.3096;
116	118		(3) passes the required examination; and
117	119		(4) meets any other requirement of this chapter and
118	120		the rules prescribed by the commission to qualify as a state
119	121		correctional officer.
120	122		Sec. 1701.3096. MINIMUM ELIGIBILITY FOR STATE CORRECTIONAL
121	123		OFFICER LICENSE. (a) To be eligible for a state correctional
122	124		officer license, a person must:
123	125		(1) have completed not less than 240 hours of training
124	126		as determined by the commission;
125	127		(2) be at least 18 years old; and
126	128		(3) hold a high school diploma or high school
127	129		equivalency certificate.
128	130		(b) A state correctional officer who holds a permanent
129	131		appointment on September 1, 2026, is not required to meet the
130	132		requirements of Subsection (a) as a condition of continued
131	133		employment in that position.
132	134		(c) The commission shall issue a state correctional officer
133	135		license to a person who holds a permanent appointment with the Texas
134	136		Department of Criminal Justice as a state correctional officer if
135	137		the person:
136	138		(1) submits an application for a license to the
137	139		commission under this section before September 1, 2026; and
138	140		(2) holds that position on the date the person submits
139	141		the application.
140	142		(d) The commission and the Texas Department of Criminal
141	143		Justice may enter into a memorandum of understanding to implement
142	144		Subsection (c). Subsection (c) and this subsection expire September
143	145		1, 2027.
144	146		SECTION 9. Section 1701.401(c), Occupations Code, is
145	147		amended to read as follows:
146	148		(c) The commission shall adopt rules for issuing
147	149		achievement awards to peace officers, reserve peace officers, state
148	150		correctional officers, county jailers, [custodial officers,] or
149	151		telecommunicators who are licensed by the commission. The
150	152		commission's rules shall require recommendations from an elected
151	153		official of this state or a political subdivision, an administrator
152	154		of a state agency or law enforcement agency, or a person holding a
153	155		license issued by the commission.
154	156		SECTION 10. Section 1701.551(a), Occupations Code, is
155	157		amended to read as follows:
156	158		(a) A person commits an offense if the person appoints or
157	159		retains another person as an officer, state correctional officer,
158	160		county jailer, or telecommunicator in violation of Section
159	161		1701.301, 1701.303, 1701.306, or 1701.405.
160	162		SECTION 11. Not later than March 1, 2026, the Texas
161	163		Commission on Law Enforcement shall adopt rules, standards, and
162	164		procedures necessary to implement Chapter 1701, Occupations Code,
163	165		as amended by this Act.
164	166		SECTION 12. (a) Except as provided by Subsection (b) of
165	167		this section, this Act takes effect September 1, 2025.
166	168		(b) Sections 1701.301 and 1701.551(a), Occupations Code, as
167	169		amended by this Act, take effect September 1, 2026.