By: Driver (Senate Sponsor - Hegar) H.B. No. 488

(In the Senate - Received from the House April 23, 2007; April 24, 2007, read first time and referred to Committee on Criminal Justice; May 4, 2007, reported favorably by the following vote: Yeas 5, Nays 0; May 4, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to disciplinary action by the Commission on Law Enforcement Officer Standards and Education against certain officers elected under the Texas Constitution.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1701.501, Occupations Code, is amended by amending Subsections (a) and (b) and adding Subsection (d) to read as follows:

(a) Except as provided by Subsection (d), the [The] commission shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of this chapter or a commission rule.

(b) The commission may establish procedures for the revocation of a license issued under this chapter[, other than a license issued to an officer elected under the Texas Constitution].

(d) The commission may revoke a license issued under this chapter to an officer elected under the Texas Constitution only if the officer is convicted of:

(1) a felony; or

(2) a criminal offense directly involving the person's duties as an officer.

SECTION 2. The change in law made by this Act applies only to an officer elected under the Texas Constitution who is convicted of a felony or criminal offense that is committed on or after the effective date of this Act. A conviction for an offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and that law is continued in effect for that purpose. For purposes of this section, an offense is committed on or after the effective date of this Act if any element of the offense is committed on or after that date.

SECTION 3. This Act takes effect September 1, 2007.

* * * * *