By: Dutton H.B. No. 928
73R2237 JRD-F
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 by the Commission on Law
1-4 Enforcement Officer Standards and Education.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 415.031(b) and (d), Government Code, are
1-7 amended to read as follows:
1-8 (b) The commission may:
1-9 (1) through issuance or revocation of a license,
1-10 approve or revoke approval of a school operated by or for this
1-11 state or a political subdivision of the state specifically for
1-12 training officers, county jailers, or recruits;
1-13 (2) operate schools and conduct preparatory,
1-14 in-service, basic, and advanced courses in the schools, as the
1-15 commission determines, for officers, county jailers, and recruits;
1-16 (3) license persons as qualified instructors under
1-17 conditions that the commission prescribes; <and>
1-18 (4) visit and inspect a school conducting a training
1-19 course for officers, county jailers, or recruits and make necessary
1-20 evaluations to determine if it is complying with this chapter and
1-21 commission rules; and
1-22 (5) establish a statewide comprehensive training
1-23 program on civil rights, racial sensitivity, and cultural diversity
1-24 for officers, county jailers, or recruits.
2-1 (d) The commission shall include instruction in weapons
2-2 proficiency in a <peace officer> training program for officers
2-3 under Subsection (a) and shall require a person seeking a <peace
2-4 officer> license as an officer to demonstrate weapons proficiency.
2-5 SECTION 2. Section 415.034, Government Code, is amended to
2-6 read as follows:
2-7 Sec. 415.034. Continuing Education. (a) The commission may
2-8 recognize, prepare, or administer voluntary continuing education
2-9 programs for officers, <and> county jailers, and other licensees
2-10 and persons covered by this chapter.
2-11 (b) The commission shall <may> require a state, county,
2-12 special district, or municipal agency that appoints <employs peace>
2-13 officers to provide each <peace> officer with in-service <a>
2-14 training programs <program> during a 24-month period and to provide
2-15 each officer promoted to a supervisory position with in-service
2-16 training programs on supervision during the 24-month period after
2-17 the date of promotion. The commission may not require an officer
2-18 who participates in supervisory training programs to participate in
2-19 training programs for nonsupervisory officers during the 24-month
2-20 period in which the officer is required to participate in the
2-21 supervisory training programs. Courses required under this
2-22 subsection <The course> must be approved by the commission<, must
2-23 include training in the recognition of cases involving child abuse
2-24 or neglect,> and may not exceed 40 hours. An honorably retired
2-25 commissioned officer of the Department of Public Safety who is a
2-26 special ranger under Section 411.023 may not be required to undergo
2-27 training under this subsection.
3-1 (c) The commission shall require a state agency or a
3-2 political subdivision of the state that appoints officers to
3-3 provide instruction for each officer in civil rights, racial
3-4 sensitivity, and cultural diversity during the 48-month period
3-5 after the date of appointment. Courses required under this
3-6 subsection are in addition to courses required under Subsection
3-7 (b), must be approved by the commission, and may not exceed 40
3-8 hours during a 48-month period.
3-9 SECTION 3. Sections 415.051(b) and (c), Government Code, are
3-10 amended to read as follows:
3-11 (b) A person who appoints an officer or county jailer
3-12 licensed by the commission shall notify the commission not later
3-13 than the 30th day after the date of the appointment. If the person
3-14 appointed previously served as an officer or county jailer and is
3-15 appointed after the 180th day after the date that the person last
3-16 served as an officer or county jailer, the agency must include with
3-17 its report under this subsection:
3-18 (1) a new criminal history check;
3-19 (2) a new declaration of psychological and emotional
3-20 health and lack of drug dependency or illegal drug use; <and>
3-21 (3) two completed fingerprint cards;
3-22 (4) a complete employment history of the officer or
3-23 jailer, including all employment as an officer, security officer,
3-24 jailer, guard, or correctional officer in this state or any other
3-25 jurisdiction; and
3-26 (5) a sworn affidavit by the officer or jailer stating
3-27 the circumstances of the officer's or jailer's resignation or
4-1 termination from any prior employment.
4-2 (c) An <A peace> officer serving under a permanent
4-3 appointment before September 1, 1970, is not required to obtain a
4-4 license as a condition of tenure, continued employment, or
4-5 promotion unless the officer seeks a new appointment. The officer
4-6 is eligible to attend <peace> officer training courses subject to
4-7 commission rules.
4-8 SECTION 4. Sections 415.052(a) and (c), Government Code, are
4-9 amended to read as follows:
4-10 (a) The commission shall grant an appropriate license to a
4-11 person who, as required by this chapter, has:
4-12 (1) submitted a proper application;
4-13 (2) completed the required training;
4-14 (3) passed the required examination;
4-15 (4) been declared to be in satisfactory psychological
4-16 and emotional health and free from drug dependency or illegal drug
4-17 use; <and>
4-18 (5) demonstrated weapons proficiency;
4-19 (6) submitted a complete employment history, including
4-20 all employment as an officer, security officer, jailer, guard, or
4-21 correctional officer in this state or any other jurisdiction; and
4-22 (7) submitted a sworn affidavit stating the
4-23 circumstances of the person's resignation or termination from any
4-24 prior employment.
4-25 (c) The commission shall adopt rules relating to
4-26 requirements for reactivation of an <a peace> officer's license
4-27 after a break in service <employment>. The officer seeking
5-1 reactivation must provide the commission with a complete employment
5-2 history and a sworn affidavit stating the circumstances of the
5-3 person's resignation or termination from prior employment. The
5-4 commission may consider appointment <employment> as an <a peace>
5-5 officer in another state in determining whether a person is
5-6 required to have additional training or testing. The commission
5-7 shall adopt rules establishing a list of active licensed <peace>
5-8 officers and a list of inactive licensed <peace> officers who are
5-9 no longer under appointment by <leave the employment of> a law
5-10 enforcement agency. The commission shall adopt rules requiring a
5-11 law enforcement agency that discharges an officer for just cause to
5-12 report the fact to the commission.
5-13 SECTION 5. For persons who are officers on September 1,
5-14 1993, the courses required under Section 415.034(c), Government
5-15 Code, as added by this Act, must be completed before September 1,
5-16 1997.
5-17 SECTION 6. This Act takes effect September 1, 1993.
5-18 SECTION 7. The importance of this legislation and the
5-19 crowded condition of the calendars in both houses create an
5-20 emergency and an imperative public necessity that the
5-21 constitutional rule requiring bills to be read on three several
5-22 days in each house be suspended, and this rule is hereby suspended.