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A BILL TO BE ENTITLED
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AN ACT
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relating to physical fitness standards for certain state law |
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enforcement officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 614, Government Code, is amended by |
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adding Subchapter H to read as follows: |
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SUBCHAPTER H. STANDARDS FOR CERTAIN LAW ENFORCEMENT OFFICERS |
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Sec. 614.151. DEFINITIONS. In this subchapter: |
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(1) "Law enforcement agency" means the Department of |
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Public Safety, Texas Alcoholic Beverage Commission, Texas |
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Department of Criminal Justice, and Parks and Wildlife Department. |
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(2) "Law enforcement officer" means a person who: |
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(A) is a commissioned peace officer; |
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(B) is employed by a law enforcement agency; and |
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(C) is compensated according to: |
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(i) Schedule C of the position |
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classification salary schedule prescribed by the General |
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Appropriations Act if the person is employed by a law enforcement |
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agency other than the Parks and Wildlife Department; or |
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(ii) Schedule B or C of the position |
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classification salary schedule prescribed by the General |
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Appropriations Act if the person is employed by the Parks and |
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Wildlife Department. |
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Sec. 614.152. PHYSICAL FITNESS STANDARDS. (a) Out of |
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appropriated funds, each law enforcement agency shall adopt |
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physical fitness standards that a law enforcement officer must meet |
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to continue employment with the agency as a law enforcement |
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officer. The standards as applied to an officer must directly |
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relate to the officer's job duties. A law enforcement agency may |
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use the services of a consultant to aid the agency in developing the |
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standards. |
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(b) Except as provided by Subsection (c), a violation of a |
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standard adopted under Subsection (a) is just cause to discharge an |
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officer or: |
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(1) transfer an officer to a position that is not |
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compensated according to Schedule C of the position classification |
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salary schedule prescribed by the General Appropriations Act; or |
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(2) for a law enforcement officer employed by the |
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Parks and Wildlife Department and compensated according to Schedule |
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B of the position classification salary schedule prescribed by the |
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General Appropriations Act, transfer the officer to a position that |
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does not require the employee to be a commissioned peace officer. |
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(c) A law enforcement agency may exempt a law enforcement |
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officer from a standard under Subsection (a) based on the facts and |
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circumstances of the individual case, including whether an officer |
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was injured in the line of duty. |
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SECTION 2. Not later than November 1, 2008, the Department |
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of Public Safety of the State of Texas, the Texas Alcoholic Beverage |
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Commission, the Texas Department of Criminal Justice, and the Parks |
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and Wildlife Department shall each: |
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(1) adopt the standards required by Section 614.152, |
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Government Code, as added by this Act; |
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(2) test the law enforcement officers to whom the |
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standards apply for compliance with the standards; and |
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(3) issue a report to the governor, the lieutenant |
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governor, the speaker of the house of representatives, and the |
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legislature that contains the standards adopted by the agency and |
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the rate of compliance by the agency's law enforcement officers. |
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SECTION 3. This Act takes effect September 1, 2007. |