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A BILL TO BE ENTITLED
|
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AN ACT
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relating to the continuation and functions of the Texas Commission |
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on Law Enforcement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.001, Occupations Code, is amended |
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by adding Subdivision (2-a) to read as follows: |
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(2-a) "Misconduct" means a violation of law or of a law |
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enforcement agency policy by a license holder for which the law |
|
enforcement agency employing the license holder may take |
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disciplinary action. |
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SECTION 2. Section 1701.002, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.002. APPLICATION OF SUNSET ACT. The Texas |
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Commission on Law Enforcement is subject to Chapter 325, Government |
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Code (Texas Sunset Act). Unless continued in existence as provided |
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by that chapter, the commission is abolished and this chapter |
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expires September 1, 2031 [2023]. |
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SECTION 3. Section 1701.059, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing [legislation that created the] |
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commission operations; |
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(2) the programs, functions, rules, and budget of the |
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commission; |
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(3) the scope of and limitations on the rulemaking |
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authority of the commission; |
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(4) the results of the most recent formal audit of the |
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commission; |
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(5) [(4)] the requirements of: |
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(A) laws relating to open meetings, public |
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information, administrative procedure, and disclosing conflicts of |
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interest; and |
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(B) other laws applicable to members of a state |
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policy-making body in performing their duties; and |
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(6) [(5)] any applicable ethics policies adopted by |
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the commission or the Texas Ethics Commission. |
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(d) The executive director of the commission shall create a |
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training manual that includes the information required by |
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Subsection (b). The executive director shall distribute a copy of |
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the training manual annually to each member of the commission. Each |
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commission member shall sign and submit to the executive director a |
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statement acknowledging that the member received and has reviewed |
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the training manual. |
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SECTION 4. Section 1701.151, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING |
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AUTHORITY. The commission may: |
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(1) adopt rules for the administration of this chapter |
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and for the commission's internal management and control; |
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(2) establish minimum standards relating to |
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competence and reliability, including education, training, |
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physical, and mental[, and moral] standards, for licensing as an |
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officer, county jailer, public security officer, or |
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telecommunicator; |
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(3) report to the governor and legislature on the |
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commission's activities, with recommendations on matters under the |
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commission's jurisdiction, and make other reports that the |
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commission considers desirable; |
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(4) require a state agency or a county, special |
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district, or municipality in this state that employs officers, |
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telecommunicators, or county jailers to submit reports and |
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information; |
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(5) contract as the commission considers necessary for |
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services, facilities, studies, and reports required for: |
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(A) cooperation with municipal, county, special |
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district, state, and federal law enforcement agencies in training |
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programs; and |
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(B) performance of the commission's other |
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functions; and |
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(6) conduct research and stimulate research by public |
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and private agencies to improve law enforcement and police |
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administration. |
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SECTION 5. Section 1701.163, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT |
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AGENCIES [INFORMATION PROVIDED BY COMMISSIONING ENTITIES]. [(a) |
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This section applies only to an entity authorized by statute or by |
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the constitution to create a law enforcement agency or police |
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department and commission, appoint, or employ officers that first |
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creates a law enforcement agency or police department and first |
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begins to commission, appoint, or employ officers on or after |
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September 1, 2009. |
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[(b)] The [entity shall submit to the] commission, with |
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input from an advisory committee, shall by rule establish minimum |
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standards with respect to the creation or operation of a law |
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enforcement agency, including [on creation of the law enforcement |
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agency or police department information regarding]: |
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(1) a determination regarding the need for and public |
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benefit of creating the [law enforcement] agency [or police |
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department] in the community; |
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(2) the sustainable funding sources for the [law |
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enforcement] agency [or police department]; |
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(3) the physical resources available to officers, |
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which may differ based on the size of the law enforcement agency, |
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including: |
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(A) duty firearms, including patrol rifles and |
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shotguns; |
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(B) less lethal force weapons, including a |
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requirement of at least one per officer on duty; |
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(C) effective communications equipment; |
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(D) protective equipment, including a |
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requirement of at least one protective vest per officer on duty; |
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(E) officer uniforms; and |
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(F) patrol vehicles and associated equipment; |
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(4) the physical facilities of [that] the [law |
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enforcement] agency [or police department will operate], including |
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any [descriptions of the] evidence room, dispatch area, or [and] |
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public area; |
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(5) the [law enforcement] policies of the [law |
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enforcement] agency [or police department], including policies on: |
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(A) use of force; |
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(B) vehicle pursuit; |
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(C) professional conduct of officers; |
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(D) domestic abuse protocols; |
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(E) response to missing persons; |
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(F) supervision of part-time officers; [and] |
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(G) impartial policing; |
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(H) active shooters; and |
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(I) barricaded subjects; |
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(6) the administrative structure of the [law |
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enforcement] agency [or police department]; |
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(7) liability insurance; and |
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(8) any other standard [information] the commission |
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considers necessary [requires by rule]. |
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SECTION 6. Subchapter D, Chapter 1701, Occupations Code, is |
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amended by adding Sections 1701.165, 1701.166, 1701.167, 1701.168, |
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and 1701.169 to read as follows: |
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Sec. 1701.165. ADVISORY COMMITTEES. (a) The commission by |
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rule may establish advisory committees to make recommendations to |
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the commission on programs, rules, and policies administered by the |
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commission. |
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(b) In establishing an advisory committee under this |
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section, the commission shall adopt rules, including rules |
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regarding: |
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(1) the purpose, role, responsibility, goals, and |
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duration of the committee; |
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(2) the size of and quorum requirement for the |
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committee; |
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(3) qualifications for committee membership; |
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(4) appointment procedures for members; |
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(5) terms of service for members; |
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(6) training requirements for members; |
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(7) policies to avoid conflicts of interest by |
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members; |
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(8) a periodic review process to evaluate the |
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continuing need for the committee; and |
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(9) policies to ensure the committee does not violate |
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any provision of Chapter 551, Government Code, applicable to the |
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commission or the committee. |
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Sec. 1701.166. SUBPOENA. (a) The commission may compel by |
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subpoena the production for inspection or copying of a record |
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described by Section 1701.162(a) that is relevant to the |
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investigation of an alleged violation of this chapter or a |
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commission rule. |
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(b) The commission, acting through the attorney general, |
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may bring an action to enforce a subpoena issued under Subsection |
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(a) against a person who fails to comply with the subpoena. |
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(c) Venue for an action brought under Subsection (b) is in a |
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district court in: |
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(1) Travis County; or |
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(2) any county in which the commission may conduct a |
|
hearing. |
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(d) The court shall order compliance with the subpoena if |
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the court finds that good cause exists to issue the subpoena. |
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Sec. 1701.167. EXAMINATION OF LICENSE HOLDER. (a) The |
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commission, with input from an advisory committee, shall adopt a |
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model policy prescribing standards and procedures for the medical |
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and psychological examination of a license holder to ensure the |
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license holder is able to perform the duties for which the license |
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is required. |
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(b) Each law enforcement agency in this state shall adopt |
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the model policy described by Subsection (a) or a substantively |
|
similar policy. A policy adopted by a law enforcement agency under |
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this section must be submitted to the commission, and the |
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commission shall maintain a copy of the policy. |
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(c) If a license holder refuses to submit to an examination |
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required by a policy adopted under Subsection (b), the law |
|
enforcement agency that employs the license holder shall notify the |
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commission of the refusal. The commission shall issue an order |
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requiring the license holder to show cause for the license holder's |
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refusal at a hearing on the order scheduled for not later than the |
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30th day after the date notice is served on the license holder. The |
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commission shall provide notice under this section by personal |
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service or by registered mail, return receipt requested. |
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(d) At the hearing, the license holder may appear in person |
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and by counsel and present evidence to justify the license holder's |
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refusal to submit to examination. After the hearing, the |
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commission shall issue an order requiring the license holder to |
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submit to an examination under this section or withdrawing the |
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request for the examination. |
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(e) Unless the request is withdrawn, the commission may |
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suspend or otherwise restrict the license of a license holder who |
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refuses to submit to the examination. |
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(f) An appeal from the commission's order under this section |
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is governed by Chapter 2001, Government Code. |
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(g) If the results of an examination under this section show |
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that the license holder does not meet the standards of the policy |
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adopted under Subsection (b), the commission shall suspend the |
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license holder's license. |
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(h) Records relating to a request or order of the commission |
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or a hearing or examination conducted under this section, |
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including, if applicable, the identity of the person notifying the |
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commission that a license holder may not meet the standards |
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required by the policy adopted under Subsection (b), are |
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confidential and not subject to disclosure under Chapter 552, |
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Government Code. |
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(i) An order issued by the commission regarding a license |
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holder that is based on information obtained during an examination |
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under this section may only reference the statutory basis for the |
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order and may not disclose the reason for the examination. |
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Sec. 1701.168. LICENSING STATUS DATABASE. (a) The |
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commission shall establish a database containing, for each officer |
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licensed under this chapter: |
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(1) the officer's license status, including a record |
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of any action taken against the officer by the commission; and |
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(2) personnel files provided by each law enforcement |
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agency that employs the officer, including a record of any |
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investigation into alleged misconduct and any disciplinary action |
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taken against the officer by the agency. |
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(b) The commission shall make available to a law enforcement |
|
agency on request any relevant information maintained in the |
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database for purposes of Sections 1701.303 and 1701.451(a). |
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(c) On request of an officer, the commission shall provide |
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to the officer free of charge any information maintained in the |
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database regarding the officer, including any information relating |
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to an investigation of misconduct by a law enforcement agency under |
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the policy described by Section 1701.4522. |
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(d) Except as provided by Subsections (b) and (c), |
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information maintained in the database established under this |
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section is confidential and not subject to disclosure under Chapter |
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552, Government Code. |
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Sec. 1701.169. LAW ENFORCEMENT DATABASE. The commission |
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shall designate one or more national law enforcement databases that |
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a law enforcement agency must access to complete the preemployment |
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background check required under Sections 1701.303(a), 1701.3035, |
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and 1701.451(a). A database designated under this section must be |
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as comprehensive as possible. |
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SECTION 7. Section 1701.202, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) Except as provided by Subsection (d), on [On] request, a |
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license holder is entitled to [may] obtain information regarding a |
|
complaint made against the license holder under this chapter, |
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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. |
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(d) The commission is not required to provide the identity |
|
of any nontestifying complainant in response to a request under |
|
Subsection (b). |
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SECTION 8. 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. |
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SECTION 9. Subchapter E, Chapter 1701, Occupations Code, is |
|
amended by adding Section 1701.205 to read as follows: |
|
Sec. 1701.205. OFFICER PERSONNEL SERVICE REPORTS. (a) The |
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commission shall establish a public database containing personnel |
|
service reports of each officer licensed under this chapter. A |
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service report must: |
|
(1) include the information required by Subsection |
|
(b); and |
|
(2) be compiled in a format that makes the information |
|
readily available to the public. |
|
(b) Except as otherwise provided by this section, a service |
|
report 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 personnel service reports for certain officers if |
|
including the service report would create a safety risk for the |
|
officer based on the officer's position or duties, including the |
|
service reports of undercover officers and officers involved in |
|
active narcotics operations. Rules adopted under this section must |
|
allow a law enforcement agency to request, in a manner prescribed by |
|
the commission, the service report of an undercover officer |
|
employed by the agency to be excluded from the database. An excluded |
|
personnel service report and a request to exclude an officer's |
|
personnel service report under this section are confidential and |
|
not subject to disclosure under Chapter 552, Government Code. |
|
SECTION 10. 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 11. Section 1701.303, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1701.303. LICENSE APPLICATION; DUTIES OF APPOINTING |
|
ENTITY. (a) Before a [A] law enforcement agency or governmental |
|
entity [that] hires a person for whom a license is sought, the |
|
agency or entity must: |
|
(1) review any information relating to the person |
|
available: |
|
(A) in a database established under Section |
|
1701.168; |
|
(B) in a database designated under Section |
|
1701.169; and |
|
(C) if applicable, in a file provided to the |
|
commission under Section 1701.3035; and |
|
(2) file an application with the commission as |
|
provided by commission rule. |
|
(b) A person who appoints an officer or county jailer |
|
licensed by the commission shall notify the commission not later |
|
than the 30th day after the date of the appointment. If the person |
|
appoints an individual who previously served as an officer or |
|
county jailer and the appointment occurs after the 180th day after |
|
the last date of service as an officer or county jailer, the person |
|
must have on file for the license holder [officer or county jailer] |
|
in a form readily accessible to the commission: |
|
(1) new criminal history record information; |
|
(2) a new declaration of psychological and emotional |
|
health and lack of drug dependency or illegal drug use; and |
|
(3) new documentation that the license holder has been |
|
fingerprinted and subjected to a search of local, state, and |
|
national records and fingerprint files to disclose any criminal |
|
record of the license holder [two completed fingerprint cards]. |
|
(c) A person who appoints or employs a telecommunicator |
|
licensed by the commission shall notify the commission not later |
|
than the 30th day after the date of the appointment or employment. |
|
If the person appoints or employs an individual who previously |
|
served as a telecommunicator and the appointment or employment |
|
occurs after the 180th day after the last date of service as a |
|
telecommunicator, the person must have on file in a form readily |
|
accessible to the commission: |
|
(1) new criminal history record information; and |
|
(2) new documentation that the license holder has been |
|
fingerprinted and subjected to a search of local, state, and |
|
national records and fingerprint files to disclose any criminal |
|
record of the license holder [two completed fingerprint cards]. |
|
SECTION 12. Subchapter G, Chapter 1701, Occupations Code, |
|
is amended by adding Section 1701.3035 to read as follows: |
|
Sec. 1701.3035. OUT-OF-STATE LICENSE HOLDERS. (a) Before |
|
issuing an officer license under this chapter to an applicant who |
|
holds or previously held an equivalent license in another state, |
|
the commission must request from the licensing authority of the |
|
other state the personnel file and any other relevant record |
|
regarding the applicant. |
|
(b) An applicant for an officer license may not be denied a |
|
license for the sole reason that the licensing authority of another |
|
state did not provide a record requested by the commission under |
|
this section. |
|
SECTION 13. 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 14. 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 and |
|
misconduct investigation 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 and, if applicable, a file |
|
or record obtained by the commission under Section 1701.3035. |
|
SECTION 15. Subchapter J, Chapter 1701, Occupations Code, |
|
is amended by adding Section 1701.4522 to read as follows: |
|
Sec. 1701.4522. MISCONDUCT INVESTIGATION AND HIRING |
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PROCEDURES. (a) The commission shall adopt a model policy |
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establishing procedures applicable to a law enforcement agency: |
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(1) investigating alleged misconduct by a license |
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holder employed by the agency; and |
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(2) hiring a license holder. |
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(b) The policy established under this section must: |
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(1) require a law enforcement agency to: |
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(A) conduct and complete an appropriate criminal |
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or administrative investigation into any alleged misconduct of a |
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license holder employed by the agency at the time of the alleged |
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misconduct; |
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(B) report a criminal investigation into alleged |
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misconduct to the commission in a timely manner after the |
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investigation is commenced; |
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(C) complete an administrative investigation of |
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alleged misconduct and prepare and submit to the commission a |
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report on the investigation in a timely manner but not later than |
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the 10th business day after the date of the license holder's |
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separation from the agency, if applicable; |
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(D) include a report of the completed |
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investigation in the personnel file of the license holder |
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maintained by the agency; and |
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(E) submit to the commission each report of a |
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completed investigation; |
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(2) provide that an investigation into the alleged |
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misconduct of a license holder may not be terminated by the |
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resignation, retirement, termination, death, or separation from |
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employment of the license holder; |
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(3) specify that a license holder under investigation |
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for misconduct is entitled to any internal due process procedures |
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provided by the investigating agency to contest the investigation |
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or completed report; |
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(4) require a law enforcement agency to request and |
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review any information regarding an applicant for employment |
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maintained by the commission in the licensing status database |
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established under Section 1701.168 as part of the preemployment |
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procedures required under Section 1701.451(a); and |
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(5) establish a provisional hiring period of 30 days |
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for any license holder employed by a law enforcement agency and |
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allow a law enforcement agency to terminate the employment of the |
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license holder if information relating to an investigation of |
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alleged misconduct by the license holder is made available to the |
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agency by the commission as part of the preemployment procedures |
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required under Section 1701.451(a) within the provisional period. |
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(c) A law enforcement agency shall adopt the model policy |
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described by Subsection (a) or a substantively similar policy. A |
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policy adopted by a law enforcement agency under this section must |
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be submitted to the commission and the commission shall maintain a |
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copy of the policy. |
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(d) The commission shall maintain each report received |
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under a policy adopted under this section as part of the license |
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holder's record in the licensing status database established under |
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Section 1701.168. |
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SECTION 16. Section 1701.453, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.453. MAINTENANCE OF REPORTS [AND STATEMENTS]. |
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The commission shall maintain a copy of each report [and statement] |
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submitted to the commission under this subchapter until at least |
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the 10th anniversary of the date on which the report [or statement] |
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is submitted. |
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SECTION 17. Section 1701.456(a), Occupations Code, is |
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amended to read as follows: |
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(a) The commission is not liable for civil damages for |
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providing information contained in a report [or statement] |
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maintained by the commission under this subchapter if the |
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commission released the information as provided by this subchapter. |
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SECTION 18. The heading to Subchapter K, Chapter 1701, |
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Occupations Code, is amended to read as follows: |
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SUBCHAPTER K. DISCIPLINARY GROUNDS AND PROCEDURES |
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SECTION 19. Subchapter K, Chapter 1701, Occupations Code, |
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is amended by adding Section 1701.5011 to read as follows: |
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Sec. 1701.5011. EMERGENCY SUSPENSION. (a) The commission |
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shall adopt rules specifying the circumstances under which the |
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commission may issue an emergency order, without a hearing, |
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suspending a person's license for a period not to exceed 90 days |
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after determining that the person constitutes an imminent threat to |
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the public health, safety, or welfare. |
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(b) An order suspending a license under this section must |
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state the length of the suspension in the order. |
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(c) If an emergency order is issued without a hearing under |
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this section, the commission shall, not later than the 10th day |
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after the date the order was issued, set the time and place for a |
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hearing on the order. The hearing must be conducted as soon as |
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practicable. A hearing under this section to affirm, modify, or set |
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aside the emergency order shall be conducted by the State Office of |
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Administrative Hearings. The order shall be affirmed to the extent |
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that good cause existed to issue the order. |
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(d) The commission by rule may prescribe procedures for the |
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determination and appeal of an emergency order issued under this |
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section, including a rule allowing the commission to affirm, |
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modify, or set aside a decision made by the State Office of |
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Administrative Hearings under Subsection (c). |
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(e) A proceeding under this section is a contested case |
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under Chapter 2001, Government Code. |
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SECTION 20. The following provisions of the Occupations |
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Code are repealed: |
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(1) Sections 1701.452(b) and (c); |
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(2) Section 1701.4521; and |
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(3) Section 1701.4525. |
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SECTION 21. (a) Except as provided by Subsection (b) of |
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this section, Section 1701.059, Occupations Code, as amended by |
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this Act, applies to a member of the Texas Commission on Law |
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Enforcement appointed before, on, or after the effective date of |
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this Act. |
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(b) A member of the Texas Commission on Law Enforcement who, |
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before the effective date of this Act, completed the training |
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program required by Section 1701.059, Occupations Code, as that law |
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existed before the effective date of this Act, is only required to |
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complete additional training on the subjects added by this Act to |
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the training program required by Section 1701.059, Occupations |
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Code. A commission member described by this subsection may not |
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vote, deliberate, or be counted as a member in attendance at a |
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meeting of the commission held on or after December 1, 2023, until |
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the member completes the additional training. |
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SECTION 22. (a) Not later than March 1, 2024, the Texas |
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Commission on Law Enforcement shall: |
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(1) adopt rules and update forms as necessary to |
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implement the changes in law made by this Act to Chapter 1701, |
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Occupations Code; |
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(2) adopt the model policies required by Sections |
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1701.167 and 1701.4522, Occupations Code, as added by this Act; |
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(3) establish the licensing status database as |
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required by Section 1701.168, Occupations Code, as added by this |
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Act; and |
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(4) designate the database as required by Section |
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1701.169, Occupations Code, as added by this Act. |
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(b) Not later than May 1, 2024, each law enforcement agency |
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in this state shall adopt the policies required by Sections |
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1701.167 and 1701.4522, Occupations Code, as added by this Act. |
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(c) Not later than September 1, 2024, the Texas Commission |
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on Law Enforcement shall establish the database containing officer |
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personnel service reports as required by Section 1701.205, |
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Occupations Code, as added by this Act. |
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SECTION 23. Sections 1701.303 and 1701.451(a), Occupations |
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Code, as amended by this Act, and Section 1701.3035, Occupations |
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Code, as added by this Act, apply only with respect to a person |
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hired on or after March 1, 2024. A person hired before March 1, |
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2024, is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 24. The changes in law made by this Act to |
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Subchapter J, Chapter 1701, Occupations Code, apply only to a |
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report required to be submitted under Section 1701.452, Occupations |
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Code, as amended by this Act, regarding a separation of a license |
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holder that occurs on or after March 1, 2024. A separation that |
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occurs before March 1, 2024, is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 25. This Act takes effect September 1, 2023. |