H.B. No. 2677
AN ACT
relating to certain employment records maintained by the Commission
on Law Enforcement Officer Standards and Education; providing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.451, Occupations Code, is amended
to read as follows:
Sec. 1701.451. PREEMPLOYMENT REQUEST FOR EMPLOYMENT
TERMINATION REPORT AND SUBMISSION OF BACKGROUND CHECK CONFIRMATION
FORM [INQUIRY]. (a) Before a law enforcement agency may hire a
person licensed under this chapter, the agency head or the agency
head's designee must:
(1) make a written request to the commission for any
employment termination report regarding the person that is
maintained by the commission under [contact the commission to
determine whether the commission has employment history records for
the person required by] this subchapter; and
(2) submit to the commission on the form prescribed by
the commission confirmation that the agency:
(A) conducted a criminal background check
regarding the person;
(B) obtained the person's written consent for the
agency to view the person's employment records;
(C) obtained from the commission any service or
education records regarding the person maintained by the
commission; and
(D) contacted each of the person's previous law
enforcement employers.
(b) The written request required by Subsection (a)(1) must
be on the agency's letterhead and be signed by the agency head or
the agency head's designee.
(c) If the commission receives from a law enforcement agency
a written request that complies with Subsections (a)(1) and (b),
the commission employee having the responsibility to maintain any
employment termination report regarding the person who is the
subject of the request shall release the report to the agency.
[This section does not authorize the commission to release
information concerning the records other than information
regarding the existence of the records.
[(c) A law enforcement agency may not use information
obtained under this section to affect a person's eligibility for
employment with the agency.]
SECTION 2. Section 1701.452, Occupations Code, is amended
to read as follows:
Sec. 1701.452. EMPLOYMENT TERMINATION REPORT. (a) The
head of a law enforcement agency shall submit a report to the
commission on a form prescribed by the commission regarding a
person licensed under this chapter who resigns from the employment
of the law enforcement agency or whose appointment with the law
enforcement agency is terminated. The agency head shall include in
the report:
(1) an explanation of the circumstances under which
the person resigned or was terminated; and
(2) one of the following designations:
(A) retired, which applies only to an officer
who:
(i) left the agency while in good standing;
and
(ii) is eligible to collect a pension;
(B) honorably discharged, which applies only to
an officer who:
(i) left the agency while in good standing
to pursue other career interests or for personal reasons other than
retirement; and
(ii) did not leave the agency while under
investigation for a criminal violation or while facing disciplinary
action, including suspension, demotion, or termination;
(C) dishonorably discharged, which applies only
to an officer whose employment was terminated for a violation of law
or department policy or for other substantiated misconduct;
(D) generally discharged, which applies only to
an officer who left the agency:
(i) for less than honorable reasons but did
not leave the agency because of pending or final disciplinary
action; or
(ii) while under investigation for a
potential criminal violation or in lieu of disciplinary action,
including suspension, demotion, or termination;
(E) killed in the line of duty, which applies
only to an officer who was killed while performing the officer's
duties as a peace officer in or outside this state;
(F) died, which applies only to an officer who
died for a reason that is not described by Paragraph (E); or
(G) disabled, which applies only to an officer
who was unable to fulfill the officer's duties as a peace officer
because of an injury or illness.
(b) The head of the law enforcement agency from which a
person resigns or is terminated for reasons other than death shall
provide to the person a copy of the report. If the person who is the
subject of the employment termination report is deceased, the head
of the law enforcement agency on request shall provide a copy of the
report to the person's next of kin[. The person may submit a
written statement to the commission to contest or explain any
matter contained in the report].
(c) The head of a law enforcement agency must submit a
report under this section each time a person licensed under this
chapter resigns or is terminated from the agency. The report is an
official government document.
SECTION 3. Subchapter J, Chapter 1701, Occupations Code, is
amended by adding Section 1701.4525 to read as follows:
Sec. 1701.4525. REQUEST FOR CORRECTION OF REPORT;
ADMINISTRATIVE PENALTY; HEARING; APPEAL. (a) A person who is the
subject of an employment termination report maintained by the
commission under this subchapter may contest information contained
in the report by submitting to the law enforcement agency and to the
commission a written request for a correction of the report and any
evidence contesting the information contained in the report not
later than the 30th day after the date the person receives a copy of
the report. The commission shall allow the head of the law
enforcement agency to submit to the commission any evidence
rebutting the evidence submitted by the person who is the subject of
the report.
(b) The commission may order the head of a law enforcement
agency to correct a person's report in a timely manner based on
information submitted to the law enforcement agency and to the
commission by the person under Subsection (a). An agency head
ordered to correct a person's report shall correct the person's
report or request a hearing conducted by the State Office of
Administrative Hearings. The commission may assess an
administrative penalty against an agency head who fails to make a
correction or request a hearing under this subsection in a timely
manner.
(c) If the commission refuses to order the head of a law
enforcement agency to correct the person's report, the person is
entitled to a hearing conducted by the State Office of
Administrative Hearings.
(d) A proceeding under Subsection (b) to contest the
commission's order or under Subsection (c) to correct an employment
termination report is a contested case under Chapter 2001,
Government Code.
(e) The commission shall adopt rules for the administration
of this section.
SECTION 4. Section 1701.454(b), Occupations Code, is
amended to read as follows:
(b) Except as provided by this subchapter [subsection], a
commission member or other person may not release the contents of a
report or statement submitted under this subchapter. [The report
or statement may be released only by the commission employee having
the responsibility to maintain the report or statement and only if:
[(1) the head of a law enforcement agency or the agency
head's designee makes a written request on the agency's letterhead
for the report or statement accompanied by the agency head's or
designee's signature; and
[(2) the person who is the subject of the report or
statement authorizes the release by providing a sworn statement on
a form supplied by the commission that includes the person's waiver
of liability regarding an agency head who is responsible for or who
takes action based on the report or statement.]
SECTION 5. Section 1701.456(a), Occupations Code, is
amended to read as follows:
(a) The commission is not liable for civil damages for
providing information contained in a report or statement maintained
by the commission under this subchapter if the commission released
the information as provided by this subchapter [Section
1701.454(b)].
SECTION 6. The changes in law made by this Act in relation
to employment termination reports apply only to an employment
termination report under Subchapter J, Chapter 1701, Occupations
Code, regarding a resignation or termination that occurs on or
after the effective date of this Act. An employment termination
report regarding a resignation or termination that occurs before
the effective date of this Act is governed by the law as it existed
immediately before the effective date, and that law is continued in
effect for that purpose.
SECTION 7. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2677 was passed by the House on April
29, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2677 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor