78R11414 YDB-D


By:  Garza                                                        H.B. No. 2762

Substitute the following for H.B. No. 2762:                                   

By:  Driver                                                   C.S.H.B. No. 2762



A BILL TO BE ENTITLED

AN ACT

relating to the functions of the Commission on Law Enforcement 
Officer Standards and Education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1701.152, Occupations Code, is amended 
to read as follows:
	Sec. 1701.152.  RULES RELATING TO HIRING DATE OF PEACE 
OFFICER.  A [The] commission [may not adopt or enforce a] rule that 
sets the date of appointment of a peace officer at a later date than 
the date that appears on employment records of the hiring law 
enforcement agency does not affect any matter related to retirement 
or longevity benefits.
	SECTION 2.  Section 1701.307(b), Occupations Code, is 
amended to read as follows:
	(b)  The commission may issue a [permanent] license to a 
person to serve as an officer and may issue a license or temporary 
[or permanent] license to a person to serve as a county jailer.
	SECTION 3.  Section 1701.502, Occupations Code, is amended 
to read as follows:
	Sec. 1701.502.  FELONY CONVICTION; CONVICTION OF SEXUAL 
OFFENSE AGAINST CHILD; [OR] PLACEMENT ON COMMUNITY SUPERVISION. (a)  
The commission shall immediately revoke the license of a person 
licensed under this chapter who is convicted of:
		(1) a felony; or                                                
		(2)  an offense listed in Section 13B(b), Article 
42.12, Code of Criminal Procedure, if the victim of the offense is 
described by Section 13B(a), Article 42.12, Code of Criminal 
Procedure.
	(b)  The commission shall immediately revoke [suspend] the 
license of a person licensed under this chapter who is:
		(1)  charged with a felony and [is] placed on community 
supervision, regardless of whether the court defers further 
proceedings without entering an adjudication of guilt; or
		(2)  charged with an offense listed in Section 13B(b), 
Article 42.12, Code of Criminal Procedure, and placed on community 
supervision, regardless of whether the court defers further 
proceedings without entering an adjudication of guilt, if the 
victim of the offense is described by Section 13B(a), Article 
42.12, Code of Criminal Procedure.
	[(c)  The commission may reinstate, as provided by 
commission rules, a license that is suspended under Subsection (b) 
when the license holder is released from community supervision.]
	SECTION 4.  This Act takes effect September 1, 2003.