1-1 By: Gallegos S.B. No. 881
1-2 (In the Senate - Filed March 2, 1995; March 6, 1995, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 May 10, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 4, Nays 1; May 10, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Turner
1-7 Amend S.B. No. 881 as follows:
1-8 (1) Add new sections to the bill, to be numbered
1-9 appropriately, to read as follows and renumber the remaining
1-10 sections of the bill appropriately:
1-11 SECTION ____. Subsection (c), Section 415.009, Government
1-12 Code, is amended to read as follows:
1-13 (c) Except as provided by Sections 415.058 and 415.0581, the
1-14 <The> commission is subject to the open meetings law, Chapter 551,
1-15 and the administrative procedure law, Chapter 2001 <the open
1-16 meetings law, Chapter 271, Acts of the 60th Legislature, Regular
1-17 Session, 1967 (Article 6252-17, Vernon's Texas Civil Statutes), and
1-18 the Administrative Procedure and Texas Register Act (Article
1-19 6252-13a, Vernon's Texas Civil Statutes)>.
1-20 SECTION ____. Section 415.058, Government Code, is amended
1-21 to read as follows:
1-22 Sec. 415.058. FELONY CONVICTION OR PLACEMENT ON COMMUNITY
1-23 SUPERVISION. (a) A person who has been convicted of a felony is
1-24 disqualified to be an officer, public security officer, or county
1-25 jailer. The commission may not license and a law enforcement
1-26 agency may not appoint or employ <such> a person convicted of a
1-27 felony. If a person licensed under this chapter is convicted of a
1-28 felony, the commission shall <and shall on conviction of a felony>
1-29 immediately revoke the person's license <of a person previously
1-30 licensed>.
1-31 (b) If a person licensed under this chapter is charged with
1-32 the commission of a felony and is placed on community supervision,
1-33 the commission shall immediately suspend the person's license
1-34 regardless of whether the court defers further proceedings without
1-35 entering an adjudication of guilt.
1-36 (c) For the purposes of this section, a person is convicted
1-37 of a felony if a court of competent jurisdiction enters an
1-38 adjudication of guilt against the person on a felony offense under
1-39 the laws of this or another state or the United States, regardless
1-40 of whether:
1-41 (1) the sentence is subsequently probated and the
1-42 person is discharged from community supervision <probation>;
1-43 (2) the accusation, complaint, information, or
1-44 indictment against the person is dismissed and the person is
1-45 released from all penalties and disabilities resulting from the
1-46 offense; or
1-47 (3) the person is pardoned for the offense, unless the
1-48 pardon is granted expressly for subsequent proof of innocence.
1-49 (d) The commission, on receiving a certified copy of the
1-50 court's judgment under Article 42.011, Code of Criminal Procedure,
1-51 shall note on the person's licensing records the conviction or
1-52 community supervision indicated by the judgment.
1-53 SECTION ____. Subsection (b), Section 415.060, Government
1-54 Code, is amended to read as follows:
1-55 (b) The commission shall revoke or suspend a license, place
1-56 on probation a person whose license has been suspended, or
1-57 reprimand a licensee for a violation of this chapter or a rule of
1-58 the commission, and the commission may by rule provide for any
1-59 other necessary enforcement procedures. Except as provided by
1-60 Sections 415.058 and 415.0581, a <A> person whose license the
1-61 commission purposes to suspend or revoke is entitled to a hearing
1-62 before the commission. When a person whose license is suspended
1-63 under Section 415.058(b) is released from community supervision,
1-64 the license may be reinstated under commission rules.
1-65 SECTION ___. Subsection (a), Section 415.061, Government
1-66 Code, is amended to read as follows:
1-67 (a) A person dissatisfied with an action of the commission
1-68 may appeal the action under the administrative procedure law,
2-1 Chapter 2001 <by filing a petition in a district court of Travis
2-2 County not later than the 30th day after the date of the action>.
2-3 The court shall set the matter for hearing not earlier than 10 days
2-4 after written notice of the appeal is given to the commission and
2-5 the commission's attorney.
2-6 SECTION ___. Section 415.065, Government Code, is amended to
2-7 read as follows:
2-8 Sec. 415.065. Violation. (a) A person commits an offense
2-9 if the person:
2-10 (1) knowingly appoints or retains an individual as an
2-11 officer or county jailer in violation of Section 415.051 or
2-12 415.057; or
2-13 (2) makes the appointment knowing that <when> the
2-14 appointee does not satisfy the requirements of Section 415.036.
2-15 (b) A person commits an offense if the person knowingly
2-16 appoints or retains an individual as an officer or county jailer in
2-17 violation of Section 415.058 or 415.0581.
2-18 (c) An offense under Subsection (a) <this section> is a
2-19 misdemeanor punishable by a fine of not less than $100 nor more
2-20 than $1,000.
2-21 (d) An offense under Subsection (b) is a state jail felony.
2-22 SECTION ___. Chapter 42, Code of Criminal Procedure, is
2-23 amended by adding Article 42.011 to read as follows:
2-24 Art. 42.011. JUDGMENT AFFECTING AN OFFICER OR JAILER. If a
2-25 person licensed under Chapter 415, Government Code, is charged with
2-26 the commission of a felony and a court that knows the person is
2-27 licensed under that chapter convicts the person or places the
2-28 person on community supervision, the clerk of the court shall send
2-29 the Commission on Law Enforcement Officer Standards and Education,
2-30 by mail or electronically, the license number of the person and a
2-31 certified copy of the court's judgment reflecting that the person
2-32 has been convicted or placed on community supervision.
2-33 (2) In SECTION 2 of the bill, add Subsections (b), (c), and
2-34 (d) to read as follows:
2-35 (b) The changes in law made to Section 415.058 and
2-36 Subsection (b), Section 415.060, Government Code, by this Act,
2-37 apply only to a license issued by the Commission on Law Enforcement
2-38 Officer Standards and Education that is revoked or suspended or a
2-39 license that is denied on or after the effective date of this Act.
2-40 A license revoked, suspended, or denied before that date is
2-41 governed by the law in effect when the license was revoked,
2-42 suspended, or denied, and the former law is continued in effect for
2-43 that purpose.
2-44 (c) The changes in law made to Section 415.058 and
2-45 Subsection (b), Section 415.060, Government Code, by this Act,
2-46 apply only to the placement of a person on community supervision
2-47 for an offense the person committed on or after September 1, 1995.
2-48 For purposes of this section, an offense is committed before
2-49 September 1, 1995, if any element of the offense occurs before that
2-50 date. The placement of a person on community supervision for an
2-51 offense the person committed before September 1, 1995, is covered
2-52 by the law in effect when the offense was committed, and the former
2-53 law is continued in effect for that purpose.
2-54 (d) The changes in law made to Section 415.065, Government
2-55 Code, by this Act, apply only to a person who appoints or retains
2-56 an individual as an officer or county jailer in violation of
2-57 Section 415.058, Government Code, as amended by this Act, or
2-58 Section 415.0581, Government Code, on or after September 1, 1995.
2-59 Appointment or retention of an officer or county jailer before
2-60 September 1, 1995, is governed by the law in effect on the day the
2-61 appointment or retention occurred, and the former law is continued
2-62 in effect for that purpose.
2-63 A BILL TO BE ENTITLED
2-64 AN ACT
2-65 relating to the conduct of investigations and the commissioning of
2-66 peace officers by the Commission on Law Enforcement Officer
2-67 Standards and Education.
2-68 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-69 SECTION 1. Subchapter A, Chapter 415, Government Code, is
2-70 amended by adding Sections 415.016 and 415.017 to read as follows:
3-1 Sec. 415.016. INVESTIGATIVE OFFICERS. The commission may
3-2 employ investigative officers to enforce this chapter and may
3-3 commission the officers as peace officers. Before issuance of a
3-4 commission to an officer under this section, the officer shall take
3-5 an oath of office for the faithful performance of the officer's
3-6 duties and shall make and execute a bond as required by the
3-7 commission. An officer commissioned under this section may conduct
3-8 an investigation related to the enforcement of this chapter and, in
3-9 connection with that investigation, may take a statement under oath
3-10 or affirmation.
3-11 Sec. 415.017. INVESTIGATIONS; REMEDIES. (a) The commission
3-12 may conduct an investigation of the records of a person or a law
3-13 enforcement agency covered by this chapter if the commission
3-14 receives information alleging that the person or agency violated
3-15 this chapter or a rule adopted under this chapter. During the
3-16 investigation, the commission is entitled to access to the
3-17 information held by a law enforcement agency.
3-18 (b) For the purpose of an investigation, the commission may:
3-19 (1) administer oaths or affirmations;
3-20 (2) subpoena witnesses, including a licensee, chief
3-21 administrator, or any other person; or
3-22 (3) subpoena records, books, documents, or
3-23 computerized information.
3-24 (c) A subpoena issued by the commission may be served and is
3-25 enforceable throughout the state. If a person fails to obey a
3-26 subpoena, the commission may petition a district court of Travis
3-27 County or a district court of the county in which the person on
3-28 whom the subpoena was served is located to enforce the subpoena.
3-29 The court shall give preference to an action brought under this
3-30 subsection in setting its docket and, if it finds that good cause
3-31 exists for the issuance of the subpoena, shall order the person's
3-32 compliance with the requirements of the subpoena.
3-33 (d) If a person refuses to testify or produce evidence on
3-34 the ground that it may incriminate the person under laws of this
3-35 state, the commission may, to the extent constitutionally
3-36 permissible, compel the person to testify or produce evidence.
3-37 (e) The commission may petition a district court to enjoin a
3-38 violation of this chapter. The action shall be brought in
3-39 district court in Travis County. The court shall give preference
3-40 to an action brought under this subsection in setting its docket.
3-41 The court may not require the commission to allege or prove that an
3-42 adequate remedy at law does not exist or that substantial or
3-43 irreparable damage will result from a continued violation. The
3-44 commission is not required to give an appeal bond in an action
3-45 arising under this section. The commission may be represented by
3-46 the attorney general or by a district or county attorney.
3-47 (f) An action brought under this section is in addition to
3-48 any other remedy provided by law.
3-49 SECTION 2. Article 2.12, Code of Criminal Procedure, as
3-50 amended by Chapters 339, 695, and 912, Acts of the 73rd
3-51 Legislature, 1993, is amended to read as follows:
3-52 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
3-53 officers:
3-54 (1) sheriffs and their deputies;
3-55 (2) constables and deputy constables;
3-56 (3) marshals or police officers of an incorporated
3-57 city, town, or village;
3-58 (4) rangers and officers commissioned by the Public
3-59 Safety Commission and the Director of the Department of Public
3-60 Safety;
3-61 (5) investigators of the district attorneys', criminal
3-62 district attorneys', and county attorneys' offices;
3-63 (6) law enforcement agents of the Texas Alcoholic
3-64 Beverage Commission;
3-65 (7) each member of an arson investigating unit
3-66 commissioned by a city, a county, or the state;
3-67 (8) officers commissioned under Section 21.483,
3-68 Education Code, or Subchapter E, Chapter 51, Education Code;
3-69 (9) officers commissioned by the General Services
3-70 Commission;
4-1 (10) law enforcement officers commissioned by the
4-2 Parks and Wildlife Commission;
4-3 (11) airport police officers commissioned by a city
4-4 with a population of more than one million, according to the most
4-5 recent federal census, that operates an airport that serves
4-6 commercial air carriers;
4-7 (12) airport security personnel commissioned as peace
4-8 officers by the governing body of any political subdivision of this
4-9 state, other than a city described by Subdivision (11), that
4-10 operates an airport that serves commercial air carriers;
4-11 (13) municipal park and recreational patrolmen and
4-12 security officers;
4-13 (14) security officers commissioned as peace officers
4-14 by the State Treasurer;
4-15 (15) officers commissioned by a water control and
4-16 improvement district under Section 51.132, Water Code;
4-17 (16) officers commissioned by a board of trustees
4-18 under Chapter 341, Acts of the 57th Legislature, Regular Session,
4-19 1961 (Article 1187f, Vernon's Texas Civil Statutes);
4-20 (17) investigators commissioned by the Texas State
4-21 Board of Medical Examiners;
4-22 (18) officers commissioned by the board of managers of
4-23 the Dallas County Hospital District, the Tarrant County Hospital
4-24 District, or the Bexar County Hospital District under Section
4-25 281.057, Health and Safety Code;
4-26 (19) county park rangers commissioned under Subchapter
4-27 E, Chapter 351, Local Government Code;
4-28 (20) investigators employed by the Texas Racing
4-29 Commission;
4-30 (21) officers commissioned by the State Board of
4-31 Pharmacy;
4-32 (22) officers commissioned by the governing body of a
4-33 metropolitan rapid transit authority under Section 13, Chapter 141,
4-34 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
4-35 Vernon's Texas Civil Statutes), or by a regional transportation
4-36 authority under Section 10, Chapter 683, Acts of the 66th
4-37 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
4-38 Civil Statutes);
4-39 (23) officers commissioned by the Texas High-Speed
4-40 Rail Authority;
4-41 (24) investigators commissioned by the attorney
4-42 general under Section 402.009, Government Code;
4-43 (25) security officers and investigators commissioned
4-44 as peace officers under Chapter 466, Government Code; <and>
4-45 (26) an officer employed by the Texas Department of
4-46 Health under Section 431.2471, Health and Safety Code;<.>
4-47 (27) <(26)> officers appointed by an appellate court
4-48 under Subchapter F, Chapter 53, Government Code;<.>
4-49 (28) <(26)> officers commissioned by the state fire
4-50 marshal under Chapter 417, Government Code; and
4-51 (29) an officer commissioned by the Commission on Law
4-52 Enforcement Officer Standards and Education under Section 415.016,
4-53 Government Code.
4-54 SECTION 3. This Act takes effect September 1, 1995.
4-55 SECTION 4. The change in law made by Sections 415.016 and
4-56 415.017, Government Code, as added by this Act, applies only to an
4-57 investigation that is initiated on or after the effective date of
4-58 this Act.
4-59 SECTION 5. The importance of this legislation and the
4-60 crowded condition of the calendars in both houses create an
4-61 emergency and an imperative public necessity that the
4-62 constitutional rule requiring bills to be read on three several
4-63 days in each house be suspended, and this rule is hereby suspended.
4-64 * * * * *