By Dutton H.B. No. 928
Substitute the following for H.B. No. 928:
By Oakley C.S.H.B. No. 928
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing and training of peace officers, jailers,
1-3 and reserve law enforcement officers, and other persons by the
1-4 Commission on Law Enforcement Officer Standards and Education.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 415, Government Code, is
1-7 amended by adding Section 415.016 to read as follows:
1-8 Sec. 415.016. AUDITS; INVESTIGATIONS; REMEDIES. (a) The
1-9 commission may conduct an audit or investigation of the records of
1-10 a person or a law enforcement agency covered by this chapter if the
1-11 commission receives a signed complaint alleging that the person or
1-12 agency violated this chapter or a rule adopted under this chapter.
1-13 During the audit or investigation, the commission is entitled to
1-14 access to the information held by a law enforcement agency. The
1-15 commission's audit or investigation is limited to matters related
1-16 to its jurisdiction under this chapter and may not question the
1-17 operational or personnel management procedures of a law enforcement
1-18 agency.
1-19 (b) For the purpose of an audit or investigation, the
1-20 commission may:
1-21 (1) administer oaths or affirmations;
1-22 (2) subpoena witnesses, including a licensee, chief
1-23 administrator, or any other person; or
1-24 (3) subpoena records, books, documents, or
2-1 computerized information.
2-2 (c) A subpoena issued by the commission may be served and is
2-3 enforceable throughout the state. If a person fails to obey a
2-4 subpoena, the commission may petition a district court of Travis
2-5 County or a district court of the county in which the person on
2-6 whom the subpoena was served is located to enforce the subpoena.
2-7 (d) The commission may petition a district court to enjoin a
2-8 violation a violation of this chapter. The action shall be brought
2-9 in district court in Travis County. The court shall give
2-10 preference to an action brought under this section in setting its
2-11 docket. The commission may be represented by the attorney general
2-12 or by a district or county attorney.
2-13 (e) An action brought under this section is in addition to
2-14 any other remedy provided by law.
2-15 SECTION 2. Sections 415.031(b) and (d), Government Code, are
2-16 amended to read as follows:
2-17 (b) The commission shall <may>:
2-18 (1) through the issuance or revocation of a license,
2-19 approve or revoke approval of a school operated by or for this
2-20 state or a political subdivision of the state specifically for
2-21 training officers, county jailers, or recruits;
2-22 (2) operate schools and conduct preparatory,
2-23 in-service, basic, and advanced courses in the schools, as the
2-24 commission determines, for officers, county jailers, and recruits;
2-25 (3) license persons as qualified instructors under
2-26 conditions that the conditions that the commission prescribes;
2-27 <and>
3-1 (4) visit and inspect a school conducting a training
3-2 course for officers, county jailers, or recruits and make necessary
3-3 evaluations to determine if it is complying with this chapter and
3-4 commission rules; and
3-5 (5) establish a statewide comprehensive training
3-6 program on civil rights, racial sensitivity, and cultural diversity
3-7 for officers, county jailers, public security officers, recruits
3-8 and all other licensees and persons covered by this chapter.
3-9 (d) The commission shall include instruction in weapons
3-10 proficiency in a <peace officer> training program for officers
3-11 under Subsection (a) and shall require a person seeking a <peace
3-12 officer> license as an officer to demonstrate weapons proficiency.
3-13 SECTION 3. Section 415.034, Government Code, is amended to
3-14 read as follows:
3-15 Sec. 415.034. CONTINUING EDUCATION. (a) The commission may
3-16 recognize, prepare, or administer <voluntary> continuing education
3-17 programs for officers, <and> county jailers, and other licensees
3-18 and persons covered by this chapter.
3-19 (b) The commission shall <may> require a state, county,
3-20 special district, or municipal agency that appoints <employs peace>
3-21 officers to provide each <peace> officer with in-service <a>
3-22 training programs <program> every 24-months <during a 24 month
3-23 period>. The course must:
3-24 (1) be approved by the commission; and
3-25 (2) <, must> include education and training in:
3-26 (A) civil rights, racial sensitivity, and
3-27 cultural diversity; and
4-1 (B) the recognition of cases that involve one or
4-2 more of the following:
4-3 (i) <involving> child abuse;
4-4 (ii) child <or> neglect;
4-5 (iii) family violence; and
4-6 (iv) sexual assault.
4-7 (c) The course provided under Subsection (b) <, and> may not
4-8 exceed 40 hours.
4-9 (d) An officer appointed or promoted to the officer's first
4-10 supervisory position must receive in-service training on
4-11 supervision as part of the course provided under Subsection (b)
4-12 during the 24-month period before or after the date of appointment
4-13 or promotion to a supervisory position.
4-14 (e) An honorably retired commissioned officer of the
4-15 Department of Public Safety who is a special ranger under Section
4-16 411.023 may not be required to undergo training under this
4-17 subsection.
4-18 (f) The commission shall require a state agency or a
4-19 political subdivision of the state that appoints officers covered
4-20 by this chapter, to provide instruction for each covered person in
4-21 civil rights, racial sensitivity, and cultural diversity during the
4-22 24-month period after the date of appointment. Courses required
4-23 under this subsection must be approved by the commission and may
4-24 not exceed 40 hours during the 24-month period.
4-25 SECTION 4. Section 415.063, Government Code, is amended by
4-26 adding Subsections (c)-(g) to read as follows:
4-27 (c) When a person who is licensed under this chapter leaves
5-1 the employment of a law enforcement agency, or the person's
5-2 appointment with the law enforcement agency is terminated for any
5-3 reason, including resignation, the chief administrator of the law
5-4 enforcement agency or his representative shall report to the
5-5 commission:
5-6 (1) whether the person was under investigation by the
5-7 agency at the time of the separation from employment or the
5-8 termination of the appointment;
5-9 (2) whether the chief administrator is aware of any
5-10 investigation of the person by another governmental entity
5-11 conducted at or shortly before the time of separation or
5-12 termination; and
5-13 (3) whether the person voluntarily separated from the
5-14 employment or voluntarily terminated the appointment.
5-15 (d) The chief administrator of a law enforcement agency or
5-16 his representative shall furnish a copy of a report made under
5-17 Subsection (c) to the person who is the subject of the report. The
5-18 person is entitled to file a written statement with the commission
5-19 that contests any information in the report, but the person is not
5-20 entitled to a hearing before the commission to contest the
5-21 information.
5-22 (e) A person who applies for a commission license, a person
5-23 who is licensed and who is subject of a report under the 180-day
5-24 requirement of Section 415.051(b), and a person who applies for
5-25 reactivation of a license under Section 415.052(c) shall provide to
5-26 the commission the person's affidavit that states the person's
5-27 complete employment and appointment history or that provides an
6-1 updated history if the person has previously provided a complete
6-2 history to the commission. The history must include the person's
6-3 completed or updated, as appropriate, employment and appointment
6-4 history in law enforcement, corrections, and security positions and
6-5 an explanation of the circumstances under which the person left
6-6 each employment or position of appointment. The person must also
6-7 sign a release, on a form prescribed by the commission, that
6-8 authorizes the commission to obtain any documents necessary for the
6-9 commission to verify the employment and appointment history.
6-10 (f) The commission is not civilly liable to any person
6-11 because of the information it keeps on record.
6-12 (g) The law enforcement agency or chief administrator of a
6-13 law enforcement agency is not civilly liable for a report it makes
6-14 in good faith under this chapter.
6-15 SECTION 5. For persons who are officers, county jailers,
6-16 public security officers and other licensees and persons covered
6-17 by this chapter on September 1, 1993, the courses required under
6-18 Section 415.034(f), Government Code, as added by this Act, must be
6-19 completed before September 1, 1997.
6-20 SECTION 6. This Act takes effect September 1, 1993.
6-21 SECTION 7. The importance of this legislation and the
6-22 crowded condition of the calendars in both houses create an
6-23 emergency and an imperative public necessity that the
6-24 constitutional rule requiring bills to be read on three several
6-25 days in each house be suspended, and this rule is hereby suspended.