80R9798 YDB-F

By: Driver H.B. No. 2445

A BILL TO BE ENTITLED

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 by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(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 this subchapter; and

(2) submit to the commission on the form prescribed by the commission confirmation that the agency:

(A) conducted in the manner prescribed by the commission a criminal background check regarding the person;

(B) obtained the person's written consent on a form prescribed by the commission 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.

(a-1) A law enforcement agency that obtains a consent form described by Subsection (a)(2)(B) shall make the person's employment records available to a hiring law enforcement agency on request.

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 or the head's designee shall submit a report to the commission on a form prescribed by the commission regarding a person licensed under this chapter who resigns or retires from [the] employment with [of] the law enforcement agency, [or] whose appointment with the law enforcement agency is terminated, or who separates from the law enforcement agency for any other reason. The agency head or the designee shall include in the report a statement on whether the license holder was honorably discharged, generally discharged, or dishonorably discharged. For purposes of this subsection:

(1) "Honorably discharged" means:

(A) the officer retired in good standing;

(B) the officer resigned in good standing to pursue a non-law enforcement career;

(C) the officer resigned in good standing to pursue a law enforcement career;

(D) the officer was killed in the line of duty;

(E) the officer died while in good standing with the agency;

(F) the officer was disabled while in good standing and is unable to perform duties;

(G) the position was eliminated while the officer was in good standing;

(H) the officer transferred from regular officer status to reserve officer status;

(I) the officer transferred from reserve officer status to regular officer status;

(J) the officer transferred from peace officer to jailer;

(K) the officer transferred from jailer to peace officer;

(L) the officer separated from the agency as a result of changes in leadership at the law enforcement agency or local government;

(M) the officer separated from the agency subsequent to loss of a public election; or

(N) the officer was terminated at will.

(2) "General discharge" means:

(A) the officer retired or resigned while under investigation for an administrative violation after the officer was advised in writing of the investigation;

(B) the officer retired or resigned while under investigation for a criminal violation after the officer was advised in writing of the criminal investigation;

(C) the officer retired or resigned after receiving notification of pending disciplinary action, including termination for an administrative violation;

(D) the officer failed to complete a field training program;

(E) the officer failed to complete the agency probation period;

(F) the officer failed to complete required training under commission rules;

(G) the officer was constitutionally elected and failed to complete licensing requirements under commission rules;

(H) the officer died while under investigation;

(I) the officer retired or resigned through mutual agreement with the governmental entity and agency; or

(J) the officer was terminated for an administrative violation other than truthfulness or insubordination.

(3) "Dishonorably discharged" means:

(A) the officer retired or resigned in lieu of termination for a criminal offense;

(B) the officer was terminated for a criminal offense after charges were filed;

(C) the officer was terminated for a criminal offense;

(D) the officer retired or resigned in lieu of termination for an administrative violation of truthfulness or insubordination; or

(E) the officer was terminated for an administrative violation of truthfulness or insubordination[:

[(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, retires, [or] is terminated, or separates for reasons other than death, or the head's designee, 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 or the head's designee on request shall provide a copy of the report to the person's next of kin.

(c) The head of a law enforcement agency or the head's designee must submit a report under this section each time a person licensed under this chapter resigns, retires, [or] is terminated, or separates for any other reason from the agency. The report is an official government document.

SECTION 3. Subchapter J, Chapter 1701, Occupations Code, is amended by adding Section 1701.4521 to read as follows:

Sec. 1701.4521. LICENSE SUSPENSION FOR OFFICER DISHONORABLY DISCHARGED. (a) The commission may suspend the license of an officer on notification that the officer has been dishonorably discharged.

(b) The commission shall suspend the license of an officer on notification that the officer has been dishonorably discharged if the officer has previously been dishonorably discharged from another law enforcement agency.

(c) An officer whose license is suspended under this section may appeal the suspension in writing to the commission not later than the 30th day after the date the officer is suspended.

(d) After a commission determination, the commission may revoke or reinstate the officer's license in accordance with rules or procedures adopted by the commission under this chapter related to revocation or reinstatement of a license. The commission shall revoke the officer's license if the officer does not appeal the suspension before the 30th day after the date the officer is suspended.

(e) The commission's decision does not affect:

(1) the employment relationship between an officer and a law enforcement agency; or

(2) any disciplinary action taken against an officer by a law enforcement agency.

SECTION 4. The changes in law made by this Act in relation to employment termination reports apply only to a report under Subchapter J, Chapter 1701, Occupations Code, as amended by this Act, 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 of this Act, and that law is continued in effect for that purpose.

SECTION 5. This Act takes effect September 1, 2007.