By: West S.B. No. 1262
A BILL TO BE ENTITLED
AN ACT
1-1 relating to licensing and appointment of certain officers.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 415.051, Government Code, is amended to
1-4 read as follows:
1-5 Sec. 415.051. Appointment; License Requirement.
1-6 (a) Except as provided by Sections 415.054 and 415.055, a
1-7 person may not appoint an officer, reserve officer, or county
1-8 jailer unless the officer, reserve officer, or county jailer is
1-9 licensed by the commission.
1-10 (b) A person who appoints an officer, reserve officer, or
1-11 county jailer licensed by the commission shall notify the
1-12 commission not later than the 30th day after the date of the
1-13 appointment. If the person appointed previously served as an
1-14 officer, reserve officer, or county jailer and is appointed after
1-15 the 30th day after the date that the person last served as an
1-16 officer, reserve officer, or county jailer, the agency must include
1-17 with its report under this subsection:
1-18 (1) a new criminal history check;
1-19 (2) a new declaration of psychological and emotional
1-20 health and lack of drug dependency or illegal drug use;
1-21 (3) two completed fingerprint cards;
1-22 (4) a statement that the applicant has been subjected
1-23 to a thorough, comprehensive background investigation by the
2-1 appointing authority;
2-2 (5) a statement that the agency has reviewed the files
2-3 of the commission relative to license records of the person. The
2-4 commission shall reply to such requests for license records
2-5 information within 10 days of the receipt of the request;
2-6 (6) an agency, agency administrator, or their
2-7 employees can give factual information relative to the person's
2-8 employment during the background investigation;
2-9 (7) an agency, agency administrator, the employees or
2-10 agents who disclose factual information pursuant to this section is
2-11 immune from civil liability for such act or acts.
2-12 (c) A peace officer serving under a permanent appointment
2-13 before September 1, 1970, is not required to obtain a license as a
2-14 condition of tenure, continued employment, or promotion unless the
2-15 officer seeks a new appointment. The officer is eligible to attend
2-16 peace officer training courses subject to commission rules.
2-17 SECTION 2. Section 415.052, Government Code, is amended to
2-18 read as follows:
2-19 Sec. 415.052. Granting of License
2-20 (a) The commission shall grant an appropriate license to a
2-21 person who, as required by this chapter, has:
2-22 (1) submitted a proper application;
2-23 (2) completed the required training;
2-24 (3) passed the required examination;
2-25 (4) been declared to be in satisfactory psychological
3-1 and emotional health and free from drug dependency or illegal drug
3-2 use;
3-3 (5) demonstrated weapons proficiency;
3-4 (6) has been subjected to a thorough, comprehensive
3-5 background investigation by the appointing authority;
3-6 (7) an agency, agency administrator, former employers,
3-7 their employees and agents who disclose factual information
3-8 pursuant to this section is immune from civil liability for their
3-9 act or acts.
3-10 (b) The commission may issue a permanent license to be an
3-11 officer and may issue a temporary or permanent license to be a
3-12 county jailer.
3-13 (c) The commission shall adopt rules relating to
3-14 requirements for reactivation of a peace officer's license after a
3-15 break in employment. The commission may consider employment as a
3-16 peace officer in another state in determining whether a person is
3-17 required to have additional training or testing. The commission
3-18 shall adopt rules establishing a list of active licensed peace
3-19 officers and a list of inactive licensed peace officers who leave
3-20 the employment of a law enforcement agency.
3-21 SECTION 3. Section 415.060, Government Code, is amended to
3-22 read as follows:
3-23 415.060. Revocation; Probation; Suspension
3-24 (a) The commission may establish procedures for the
3-25 revocation of any license that it grants under this chapter, except
4-1 a license of an officer elected under the Texas Constitution.
4-2 (b) A person holding a license issued by the commission
4-3 shall upon termination of their employment with a law enforcement
4-4 agency, within 30 days, file a notice of the termination of their
4-5 employment with the Commission. The notice of termination shall
4-6 include:
4-7 (1) Their name, social security number, correct
4-8 address, and telephone number.
4-9 (2) A statement under oath as to the reason for their
4-10 termination of their employment.
4-11 (3) Termination shall include all cessation of
4-12 employment including resignation, retirement, discharge, dismissal
4-13 and indefinite suspension.
4-14 (4) It shall also state whether the person holding the
4-15 license is now employed by another agency, and if so name and
4-16 address of agency.
4-17 A person holding a license who shall fail to comply with this
4-18 Section shall be given notice to show cause by the commission to
4-19 determine whether their license should be revoked or suspended.
4-20 The commission shall hold a show cause hearing within 60 days of
4-21 the termination of employment by the licensee if the licensee fails
4-22 to comply with this section.
4-23 (c) The commission shall revoke or suspend a license, place
4-24 on probation a person whose license has been suspended, or
4-25 reprimand a licensee for a violation or this chapter or a rule of
5-1 the commission. A person whose license the commission proposes to
5-2 suspend or revoke is entitled to a hearing before the commission.
5-3 (d) The commission shall keep an information file about each
5-4 complaint filed with the commission relating to a licensee. If a
5-5 written complaint is filed with the commission relating to a
5-6 licensee, the commission, at least quarterly until final
5-7 disposition of the complaint, shall notify the parties to the
5-8 complaint of the status of the complaint, unless the notice would
5-9 jeopardize an undercover investigation.
5-10 SECTION 4. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended,
5-15 and that this Act take effect and be in force from and after its
5-16 passage, and it is so enacted.