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A BILL TO BE ENTITLED
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AN ACT
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relating to persons certified as peace officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.404, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.404. CERTIFICATION OF OFFICERS FOR MENTAL HEALTH |
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ASSIGNMENTS. (a) The commission by rule may establish minimum |
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requirements for the training, testing, and certification of |
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special officers for offenders with mental impairments. |
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(b) The commission may certify a sheriff, sheriff's deputy, |
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constable, [or] other peace officer, county jailer, or [a] justice |
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of the peace[,] as a special officer for offenders with mental |
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impairments if the person [officer]: |
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(1) completes a training course in emergency first aid |
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and lifesaving techniques approved by the commission; |
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(2) completes a training course administered by the |
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commission on mental health issues and offenders with mental |
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impairments; and |
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(3) passes an examination administered by the |
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commission that is designed to test the person's [officer's]: |
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(A) knowledge and recognition of the |
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characteristics and symptoms of mental illness, mental |
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retardation, and mental disabilities; and |
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(B) knowledge of mental health crisis |
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intervention strategies for people with mental impairments. |
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(c) The commission may issue a professional achievement or |
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proficiency certificate to an officer, county jailer, or justice of |
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the peace who meets the requirements of Subsection (b). |
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SECTION 2. Section 1702.322, Occupations Code, is amended |
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to read as follows: |
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Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter |
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does not apply to: |
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(1) a person who is a chief of police, sheriff, |
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constable, or other chief administrator of a law enforcement agency |
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in this state or is appointed, elected, or employed by the chief |
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administrator of a law enforcement agency [has full-time
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employment] as a peace officer, as defined by Section 1701.001, in |
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accordance with the licensing requirements adopted under rules of |
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the Commission on Law Enforcement Officer Standards and Education |
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and who receives compensation for private employment on an |
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individual or an independent contractor basis as a patrolman, |
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guard, extra job coordinator, or watchman if [the officer]: |
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(A) the officer is employed by the private |
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employer in an employee-employer relationship or [employed] on an |
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individual contractual basis; |
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(B) the private employment does not require the |
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officer to be [is not] in the employ of another peace officer; |
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(C) the officer is not a reserve peace officer; |
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and |
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(D) the officer works for the law enforcement |
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agency [as a peace officer] on the average of at least 32 hours a |
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week, is compensated by the state or a political subdivision of the |
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state at least at the minimum wage, and is entitled to all employee |
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benefits offered to a peace officer by the state or political |
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subdivision; |
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(2) a reserve peace officer while the reserve officer |
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is performing guard, patrolman, or watchman duties for a county and |
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is being compensated solely by that county; |
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(3) a peace officer acting in an official capacity in |
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responding to a burglar alarm or detection device; or |
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(4) a person engaged in the business of electronic |
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monitoring of an individual as a condition of that individual's |
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community supervision, parole, mandatory supervision, or release |
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on bail, if the person does not perform any other service that |
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requires a license under this chapter. |
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SECTION 3. (a) The Commission on Law Enforcement Officer |
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Standards and Education may certify a county jailer as a special |
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officer for offenders with mental impairments and may issue a |
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certificate to the county jailer if the county jailer meets the |
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requirements of Section 1701.404(b), Occupations Code, as amended |
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by this Act, regardless of whether the county jailer completed the |
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required training and passed the examination before, on, or after |
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the effective date of this Act. |
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(b) The Commission on Law Enforcement Officer Standards and |
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Education may issue a certificate under Section 1701.404(c), |
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Occupations Code, as amended by this Act, to a justice of the peace |
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who is certified as a special officer for offenders with mental |
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impairments regardless of whether the justice of the peace was |
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certified before, on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2009. |