81R12302 SLB-F

By: Frost H.B. No. 3174

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain telecommunicators; providing penalties.

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

SECTION 1. Section 1701.003(c), Occupations Code, is amended to read as follows:

(c) This chapter does not prevent an employing agency from establishing qualifications and standards for hiring or training officers, [and] county jailers, or telecommunicators that exceed the commission's minimum standards.

SECTION 2. Section 1701.151, Occupations Code, is amended to read as follows:

Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING AUTHORITY. The commission may:

(1) adopt rules for the administration of this chapter and for the commission's internal management and control;

(2) establish minimum standards relating to competence and reliability, including education, training, physical, mental, and moral standards, for licensing as an officer, county jailer, telecommunicator, or public security officer;

(3) report to the governor and legislature on the commission's activities, with recommendations on matters under the commission's jurisdiction, and make other reports that the commission considers desirable;

(4) require a state agency or a county, special district, or municipality in this state that employs officers, telecommunicators, or county jailers to submit reports and information;

(5) contract as the commission considers necessary for services, facilities, studies, and reports required for:

(A) cooperation with municipal, county, special district, state, and federal law enforcement agencies in training programs; and

(B) performance of the commission's other functions; and

(6) conduct research and stimulate research by public and private agencies to improve law enforcement and police administration.

SECTION 3. Section 1701.153(a), Occupations Code, is amended to read as follows:

(a) The commission shall establish reporting standards and procedures for:

(1) appointment and termination of officers, [and] county jailers, and telecommunicators by law enforcement agencies;

(2) the activities of licensed training schools; and

(3) other matters the commission considers necessary for the administration of this chapter.

SECTION 4. Sections 1701.251(a) and (c), Occupations Code, are amended to read as follows:

(a) The commission shall establish and maintain training programs for officers, telecommunicators, and county jailers. The training shall be conducted by the commission staff or by other agencies and institutions the commission considers appropriate.

(c) The commission may:

(1) issue or revoke the license of a school operated by or for this state or a political subdivision of this state specifically for training officers, county jailers, telecommunicators, or recruits;

(2) operate schools and conduct preparatory, in-service, basic, and advanced courses in the schools, as the commission determines appropriate, for officers, county jailers, telecommunicators, and recruits;

(3) issue a license to a person to act as a qualified instructor under conditions that the commission prescribes; and

(4) consult and cooperate with a municipality, county, special district, state agency or other governmental agency, or a university, college, junior college, or other institution, concerning the development of schools and training programs for officers, telecommunicators, and county jailers.

SECTION 5. Sections 1701.254(a) and (b), Occupations Code, are amended to read as follows:

(a) The commission may visit and inspect a school conducting a training course for officers, county jailers, telecommunicators, or recruits and make necessary evaluations to determine if the school complies with this chapter and commission rules.

(b) The commission shall develop a risk assessment method to determine the relative performance of schools conducting training courses for officers, county jailers, telecommunicators, or recruits. The commission shall base its schedule for inspection of schools on the results of the risk assessment.

SECTION 6. Section 1701.301, Occupations Code, is amended to read as follows:

Sec. 1701.301. LICENSE REQUIRED. Except as provided by Sections 1701.310 and 1701.311, a person may not appoint a person to serve as an officer, county jailer, telecommunicator, or public security officer unless the person appointed holds an appropriate license issued by the commission.

SECTION 7. Section 1701.303(b), Occupations Code, is amended to read as follows:

(b) A person who appoints an officer, telecommunicator, or county jailer licensed by the commission shall notify the commission not later than the 30th day after the date of the appointment. If the person appoints an individual who previously served as an officer, telecommunicator, or county jailer and the appointment occurs after the 180th day after the last date of service as an officer, telecommunicator, or county jailer, the person must have on file for the officer, telecommunicator, or county jailer in a form readily accessible to the commission:

(1) new criminal history record information;

(2) a new declaration of psychological and emotional health and lack of drug dependency or illegal drug use; and

(3) two completed fingerprint cards.

SECTION 8. Section 1701.304(b), Occupations Code, is amended to read as follows:

(b) The commission by rule shall establish minimum qualifications for a person to be examined under this section. A person who is disqualified by law to be an officer, telecommunicator, or county jailer may not take an examination under this section.

SECTION 9. Sections 1701.306(a) and (b), Occupations Code, are amended to read as follows:

(a) The commission may not issue a license to a person as an officer, telecommunicator, or county jailer unless the person is examined by:

(1) a licensed psychologist or by a psychiatrist who declares in writing that the person is in satisfactory psychological and emotional health to serve as the type of officer for which a license is sought; and

(2) a licensed physician who declares in writing that the person does not show any trace of drug dependency or illegal drug use after a physical examination, blood test, or other medical test.

(b) An agency hiring a person for whom a license as an officer, telecommunicator, or county jailer is sought shall select the examining physician and the examining psychologist or psychiatrist. The agency shall prepare a report of each declaration required by Subsection (a) and shall maintain a copy of the report on file in a format readily accessible to the commission. A declaration is not public information.

SECTION 10. Section 1701.307(c), Occupations Code, is amended to read as follows:

(c) The commission may issue a temporary or permanent license to a person to serve as a county jailer or telecommunicator.

SECTION 11. Section 1701.312(a), Occupations Code, is amended to read as follows:

(a) A person who has been convicted of a felony is disqualified to be an officer, public security officer, telecommunicator, or county jailer, and the commission may not issue a license to, and a law enforcement agency may not appoint or employ, the person.

SECTION 12. Section 1701.313(a), Occupations Code, is amended to read as follows:

(a) A person who has been convicted of barratry under Section 38.12, Penal Code, is disqualified to be an officer, telecommunicator, or county jailer, and the commission may not issue a license to the person.

SECTION 13. Section 1701.315, Occupations Code, is amended to read as follows:

Sec. 1701.315. RECORDS. The commission is entitled to access to records maintained under Sections 1701.303, 1701.306, and 1701.310 by an agency hiring a person to be an officer, telecommunicator, or county jailer, including records that relate to age, education, physical standards, citizenship, experience, and other matters relating to competence and reliability, as evidence of qualification for licensing of an officer, telecommunicator, or county jailer.

SECTION 14. Section 1701.352, Occupations Code, is amended by amending Subsection (a) and adding Subsection (g) to read as follows:

(a) The commission shall recognize, prepare, or administer continuing education programs for officers, telecommunicators, and county jailers.

(g) The commission shall require a state, county, special district, or municipal agency that employs telecommunicators to provide each telecommunicator 24 hours of crisis communications instruction approved by the commission. The instruction must be provided on or before the first anniversary of the telecommunicator's first day of employment.

SECTION 15. Section 1701.401(c), Occupations Code, is amended to read as follows:

(c) The commission shall adopt rules for issuing achievement awards to peace officers, reserve peace officers, jailers, telecommunicators, or custodial officers who are licensed by the commission. The commission's rules shall require recommendations from an elected official of this state or a political subdivision, an administrator of a law enforcement agency, or a person holding a license issued by the commission.

SECTION 16. Section 1701.402(b), Occupations Code, is amended to read as follows:

(b) As a requirement for a basic proficiency certificate, the commission shall require completion of local courses or programs of instruction on federal and state statutes that relate to employment issues affecting peace officers, telecommunicators, and county jailers, including:

(1) civil service;

(2) compensation, including overtime compensation, and vacation time;

(3) personnel files and other employee records;

(4) management-employee relations in law enforcement organizations;

(5) work-related injuries;

(6) complaints and investigations of employee misconduct; and

(7) disciplinary actions and the appeal of disciplinary actions.

SECTION 17. Sections 1701.405(b) and (e), Occupations Code, are amended to read as follows:

(b) This state or a political subdivision of this state may not appoint or employ a person to act as a telecommunicator unless the person:

(1) has had at least 40 hours of telecommunicator training as determined by the commission;

(2) is at least 18 years of age; and

(3) holds a high school diploma or high school equivalency certificate.

(e) This section does not apply to a person who:

(1) performs the duties of a telecommunicator; and

(2) is employed by a law enforcement agency that[:

[(A) employs 20 or fewer employees; or

[(B)] does not perform law enforcement services on a 24-hour basis.

SECTION 18. Section 1701.551(a), Occupations Code, is amended to read as follows:

(a) A person commits an offense if the person appoints or retains another person as an officer, telecommunicator, or county jailer in violation of Section 1701.301, 1701.303, or 1701.306.

SECTION 19. Section 1701.553(a), Occupations Code, is amended to read as follows:

(a) A person commits an offense if the person appoints or retains an individual as an officer, public security officer, telecommunicator, or county jailer in violation of Section 1701.312 or 1701.313.

SECTION 20. (a) Not later than December 1, 2009, the Texas Commission on Law Enforcement Officer Standards and Education by rule shall adopt requirements for a telecommunicator license under Chapter 1701, Occupations Code, as amended by this Act.

(b) A person is not required to hold a license under Section 1701.301, Occupations Code, as amended by this Act, until January 1, 2010.

SECTION 21. The changes in law made by this Act to Sections 1701.551 and 1701.553, Occupations Code, apply only to offenses committed on or after January 1, 2010. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.

SECTION 22. This Act takes effect September 1, 2009.