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AN ACT
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relating to the continuation and functions of the Texas Commission |
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on Law Enforcement Officer Standards and Education; providing civil |
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and administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.002, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.002. APPLICATION OF SUNSET ACT. The Commission |
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on Law Enforcement Officer Standards and Education is subject to |
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Chapter 325, Government Code (Texas Sunset Act). Unless continued |
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in existence as provided by that chapter, the commission is |
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abolished and this chapter expires September 1, 2021 [2009]. |
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SECTION 2. Section 1701.053, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) |
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In this section, "Texas trade association" means a [nonprofit,] |
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cooperative[,] and voluntarily joined statewide association of |
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business or professional competitors in this state designed to |
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assist its members and its industry or profession in dealing with |
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mutual business or professional problems and in promoting their |
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common interest. |
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(b) A person [An officer, employee, or paid consultant of a
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Texas trade association in the field of law enforcement] may not be |
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a commission member and may not be an employee of the commission |
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employed in a "bona fide executive, administrative, or professional |
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capacity," as that phrase is used for purposes of establishing an |
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exemption to the overtime provisions of the federal Fair Labor |
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Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of law |
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enforcement or county corrections; or |
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(2) the person's spouse is an officer, manager, or paid |
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consultant of a Texas trade association in the field of law |
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enforcement or county corrections [who is exempt from the state's
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position classification plan or is compensated at or above the
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amount prescribed by the General Appropriations Act for step 1,
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salary group A17, of the position classification salary schedule]. |
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(c) [A person who is the spouse of an officer, manager, or
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paid consultant of a Texas trade association in the field of law
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enforcement may not be a commission member and may not be an
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employee of the commission who is exempt from the state's position
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classification plan or is compensated at or above the amount
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prescribed by the General Appropriations Act for step 1, salary
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group A17, of the position classification salary schedule.
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[(d)] A person may not be [serve as] a member of the |
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commission or act as the general counsel to the commission or the |
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agency if the person is required to register as a lobbyist under |
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Chapter 305, Government Code, because of the person's activities |
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for compensation on behalf of a profession related to the |
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commission's operation. |
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SECTION 3. Section 1701.056(a), Occupations Code, is |
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amended to read as follows: |
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(a) It is a ground for removal from the commission that a |
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member: |
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(1) does not have at the time of taking office |
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[appointment] the qualifications required by Section 1701.051(a) |
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or 1701.052; |
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(2) does not maintain during service on the commission |
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the qualifications required by Section 1701.051(a) or 1701.052; |
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(3) is ineligible for membership under [violates a
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prohibition established by] Section 1701.053; |
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(4) cannot, because of illness or disability, |
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discharge the member's duties for a substantial part of the member's |
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term; or |
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(5) is absent from more than half of the regularly |
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scheduled commission meetings that the member is eligible to attend |
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during a calendar year without an excuse approved by a majority vote |
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of the commission. |
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SECTION 4. Section 1701.059, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.059. TRAINING. (a) A [To be eligible to take
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office as a member of the commission, a] person who is appointed to |
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and qualifies for office as a member of the commission may not vote, |
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deliberate, or be counted as a member in attendance at a meeting of |
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the commission until the person completes [must complete at least
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one course of] a training program that complies with this section. |
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(b) The training program must [shall] provide the person |
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with information [to a member] regarding: |
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(1) the legislation that created the commission; |
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(2) the programs, functions, rules, and budget of the |
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commission [this chapter]; |
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(3) [(2)] the results of the most recent formal audit |
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of [programs operated by] the commission; |
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(4) [(3)] the requirements of laws relating to open |
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meetings, public information, administrative procedure, and |
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conflicts of interest [role and functions of the commission]; and |
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[(4)
the rules of the commission, with an emphasis on
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the rules that relate to disciplinary and investigatory authority;] |
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(5) [the current budget for the commission;
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[(6)
the results of the most recent formal audit of the
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commission;
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[(7)
the requirements of Chapters 551, 552, and 2001,
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Government Code;
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[(8)
the requirements of the conflict of interest laws
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and other laws relating to public officials; and
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[(9)] any applicable ethics policies adopted by the |
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commission or the Texas Ethics Commission. |
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(c) A person appointed to the commission is entitled to |
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reimbursement, as provided by the General Appropriations Act, for |
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travel expenses incurred in attending the training program |
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regardless of whether the attendance at the program occurs before |
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or after the person qualifies for office[, as provided by the
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General Appropriations Act, as if the person were a member of the
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commission]. |
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SECTION 5. Section 1701.153(b), Occupations Code, is |
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amended to read as follows: |
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(b) The commission shall furnish each agency and licensed |
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training school with the required reporting forms, including access |
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to electronic submission forms when the system under Section |
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1701.1523 is established. |
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SECTION 6. Sections 1701.157(b) and (c), Occupations Code, |
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are amended to read as follows: |
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(b) To provide the necessary information for an allocation |
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of money under Subsection (a), a [Not later than November 1 of each
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calendar year, each] local law enforcement agency must [shall] |
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report to the comptroller not later than November 1 of the preceding |
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calendar year: |
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(1) the number of agency positions described by |
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Subsection (a)(2) authorized as of January 1 of the [that] year the |
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report is due; |
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(2) the number of agency positions described by |
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Subsection (a)(2) filled as of January 1 of the year the report is |
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due; |
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(3) the percentage of the money received by the agency |
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under Subsection (a) pursuant to the allocation made by the |
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comptroller on or before March 1 of the year preceding the year in |
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which the report is due that was used by the agency before the date |
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of the allocation made by the comptroller under Subsection (a) on or |
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before March 1 of the year the report is due; |
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(4) the number of training hours received during the |
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12-month or approximately 12-month period described by Subdivision |
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(3) that were funded by money received by the agency pursuant to the |
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allocation made by the comptroller on or before March 1 of the year |
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preceding the year in which the report is due; and |
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(5) that the agency has complied with the requirements |
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of this section regarding the use of any money received by the |
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agency pursuant to the allocation made by the comptroller on or |
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before March 1 of the year preceding the year in which the report is |
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due. |
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(c) The head of a law enforcement agency shall maintain a |
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complete and detailed [written] record of money received and spent |
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by the agency under this section. Money received under this section |
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is subject to audit by the comptroller. Money spent under this |
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section is subject to audit by the state auditor. |
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SECTION 7. Subchapter D, Chapter 1701, Occupations Code, is |
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amended by adding Sections 1701.1521, 1701.1522, 1701.1523, |
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1701.1524, 1701.162, and 1701.163 to read as follows: |
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Sec. 1701.1521. USE OF TECHNOLOGY. The commission shall |
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implement a policy requiring the commission to use appropriate |
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technological solutions to improve the commission's ability to |
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perform its functions. The policy must ensure that the public is |
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able to interact with the commission on the Internet. |
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Sec. 1701.1522. ALTERNATIVE DISPUTE RESOLUTION. (a) The |
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commission shall develop and implement a policy to encourage the |
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use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008, Government Code, for the adoption of commission rules; and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009, Government Code, to assist in the |
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resolution of internal and external disputes under the commission's |
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jurisdiction. |
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(b) The commission's procedures relating to alternative |
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dispute resolution must conform, to the extent possible, to any |
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model guidelines issued by the State Office of Administrative |
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Hearings for the use of alternative dispute resolution by state |
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agencies. |
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(c) The commission shall designate a trained person to: |
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(1) coordinate the implementation of the policy |
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adopted under Subsection (a); |
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(2) serve as a resource for any training needed to |
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implement the procedures for negotiated rulemaking or alternative |
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dispute resolution; and |
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(3) collect data concerning the effectiveness of those |
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procedures, as implemented by the commission. |
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Sec. 1701.1523. ELECTRONIC SUBMISSION OF FORMS, DATA, AND |
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DOCUMENTS. The commission by rule shall: |
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(1) develop and establish a system for the electronic |
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submission of forms, data, and documents required to be submitted |
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to the commission under this chapter; and |
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(2) once that system is established, require law |
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enforcement agencies to submit to the commission electronically any |
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form, data, or document required to be submitted to the commission |
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under this chapter. |
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Sec. 1701.1524. RULES RELATING TO CONSEQUENCES OF CRIMINAL |
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CONVICTION OR DEFERRED ADJUDICATION. (a) The commission by rule |
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shall establish guidelines consistent with this chapter that are |
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necessary to comply with Chapter 53 to the extent that chapter |
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applies to persons licensed under this chapter. |
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(b) In its rules under this section, the commission shall |
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list the offenses for which a conviction would constitute grounds |
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for the commission to take action under Section 53.021 or for which |
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placement on deferred adjudication community supervision would |
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constitute grounds for the commission to take action under this |
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chapter. |
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Sec. 1701.162. RECORDS AND AUDIT REQUIREMENTS. (a) The |
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commission is entitled to access records maintained under Sections |
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1701.303, 1701.306, and 1701.310 by an agency hiring a person to be |
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an officer or county jailer, including records that relate to age, |
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education, physical standards, citizenship, experience, and other |
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matters relating to competence and reliability, as evidence of |
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qualification for licensing of an officer or county jailer. |
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(b) The commission shall audit the records described by |
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Subsection (a) of each law enforcement agency at least once every |
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five years. |
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(c) The commission by rule shall develop and establish a |
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framework for the audits conducted by the commission under |
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Subsection (b) that: |
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(1) addresses the types of documents subject to audit; |
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(2) provides a schedule for additional risk-based |
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inspections based on: |
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(A) whether there has been a prior violation by |
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the law enforcement agency; |
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(B) the inspection history of the agency; and |
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(C) any other factor the commission by rule |
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considers appropriate; |
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(3) provides timelines for complying with an audit |
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request or correcting a violation found during the audit process; |
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and |
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(4) establishes sanctions for failing to comply with |
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an audit request or to correct a violation found during the audit |
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process. |
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Sec. 1701.163. INFORMATION PROVIDED BY COMMISSIONING |
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ENTITIES. (a) This section applies only to an entity authorized by |
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statute or by the constitution to create a law enforcement agency or |
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police department and commission, appoint, or employ officers that |
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first creates a law enforcement agency or police department and |
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first begins to commission, appoint, or employ officers on or after |
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September 1, 2009. |
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(b) The entity shall submit to the commission on creation of |
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the law enforcement agency or police department information |
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regarding: |
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(1) the need for the law enforcement agency or police |
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department in the community; |
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(2) the funding sources for the law enforcement agency |
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or police department; |
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(3) the physical resources available to officers; |
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(4) the physical facilities that the law enforcement |
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agency or police department will operate, including descriptions of |
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the evidence room, dispatch area, and public area; |
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(5) law enforcement policies of the law enforcement |
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agency or police department, including policies on: |
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(A) use of force; |
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(B) vehicle pursuit; |
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(C) professional conduct of officers; |
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(D) domestic abuse protocols; |
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(E) response to missing persons; |
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(F) supervision of part-time officers; and |
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(G) impartial policing; |
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(6) the administrative structure of the law |
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enforcement agency or police department; |
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(7) liability insurance; and |
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(8) any other information the commission requires by |
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rule. |
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SECTION 8. Subchapter D, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.164 to read as follows: |
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Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA |
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SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall |
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collect and maintain incident-based data submitted to the |
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commission under Article 2.134, Code of Criminal Procedure, |
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including incident-based data compiled by a law enforcement agency |
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from reports received by the law enforcement agency under Article |
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2.133 of that code. The commission in consultation with the |
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Department of Public Safety, the Bill Blackwood Law Enforcement |
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Management Institute of Texas, the W. W. Caruth, Jr., Police |
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Institute at Dallas, and the Texas Police Chiefs Association shall |
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develop guidelines for submitting in a standard format the report |
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containing incident-based data as required by Article 2.134, Code |
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of Criminal Procedure. |
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SECTION 9. Section 1701.202, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.202. COMPLAINTS. (a) The commission by rule |
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shall establish a comprehensive procedure for each phase of the |
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commission's jurisdictional complaint enforcement process, |
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including: |
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(1) complaint intake; |
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(2) investigation; |
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(3) adjudication and relevant hearings; |
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(4) appeals; |
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(5) the imposition of sanctions; and |
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(6) public disclosure. |
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(b) On request, a license holder may obtain information |
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regarding a complaint made against the license holder under this |
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chapter, including a complete copy of the complaint file. On |
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receipt of a request under this subsection, the commission shall |
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provide the requested information in a timely manner to allow the |
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license holder time to respond to the complaint. |
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(c) The commission shall ensure that detailed information |
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regarding the commission's complaint enforcement process described |
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by this section is available on any publicly accessible Internet |
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website and in any appropriate printed materials maintained by the |
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commission [provide the commission's policies and procedures
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relating to complaint investigation and resolution to a person
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filing a complaint and to each person that is the subject of the
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complaint]. |
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SECTION 10. Section 1701.203, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.203. RECORDS OF COMPLAINTS. (a) The commission |
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shall maintain a system to promptly and efficiently act on |
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jurisdictional complaints filed with the commission. The |
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commission shall maintain [keep an] information [file] about |
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parties to the complaint, [each written complaint filed with the
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commission that the commission has authority to resolve. The
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information file must include:
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[(1) the date the complaint is received;
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[(2) the name of the complainant;
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[(3)] the subject matter of the complaint,[;
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[(4)
a record of each person contacted in relation to
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the complaint;
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[(5)] a summary of the results of the review or |
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investigation of the complaint, and its disposition[; and
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[(6)
an explanation of the reason that a complaint was
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closed without action by the commission]. |
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(b) The commission shall make information available |
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describing its procedures for complaint investigation and |
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resolution. |
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(c) The commission[, at least quarterly and until final
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disposition of the complaint,] shall periodically notify the |
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parties to the complaint of the status of the complaint until final |
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disposition [unless the notice would jeopardize an undercover
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investigation]. |
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SECTION 11. Subchapter E, Chapter 1701, Occupations Code, |
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is amended by adding Section 1701.2035 to read as follows: |
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Sec. 1701.2035. TRACKING AND ANALYSIS OF COMPLAINT AND |
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VIOLATION DATA. (a) The commission shall develop and implement a |
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method for: |
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(1) tracking complaints filed with the commission |
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through their final disposition, including: |
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(A) the reason for each complaint; |
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(B) how each complaint was resolved; and |
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(C) the subject matter of each complaint that was |
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not within the jurisdiction of the commission and how the |
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commission responded to the complaint; and |
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(2) tracking and categorizing the sources and types of |
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complaints filed with the commission and of violations of this |
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chapter or a rule adopted under this chapter. |
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(b) The commission shall analyze the complaint and |
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violation data maintained under Subsection (a) to identify trends |
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and areas that may require additional regulation or enforcement. |
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SECTION 12. Section 1701.253, Occupations Code, is amended |
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by adding Subsection (k) to read as follows: |
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(k) As part of the minimum curriculum requirements, the |
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commission shall establish a statewide comprehensive education and |
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training program for officers licensed under this chapter that |
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covers the laws of this state and of the United States pertaining to |
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peace officers. |
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SECTION 13. Section 1701.254, Occupations Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) The commission by rule shall establish a system for |
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placing a training provider on at-risk probationary status. The |
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rules must prescribe: |
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(1) the criteria to be used by the commission in |
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determining whether to place a training provider on at-risk |
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probationary status; |
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(2) a procedure and timeline for imposing corrective |
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conditions on a training provider placed on at-risk probationary |
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status and for notifying the provider regarding those conditions; |
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and |
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(3) a procedure for tracking a training provider's |
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progress toward compliance with any corrective conditions imposed |
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on the provider by the commission under this subsection. |
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SECTION 14. Section 1701.255(c), Occupations Code, is |
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amended to read as follows: |
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(c) A person may not enroll in a peace officer training |
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program under Section 1701.251(a) unless the person has received: |
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(1) a high school diploma; |
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(2) a high school equivalency certificate [and has
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completed at least 12 hours at an institution of higher education
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with at least a 2.0 grade point average on a 4.0 scale]; or |
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(3) an honorable discharge from the armed forces of |
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the United States after at least 24 months of active duty service. |
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SECTION 15. Section 1701.351, Occupations Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) As part of the continuing education programs under |
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Subsection (a), a peace officer must complete a training and |
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education program that covers recent changes to the laws of this |
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state and of the United States pertaining to peace officers. |
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SECTION 16. Section 1701.352, Occupations Code, is amended |
|
by amending Subsection (b) and adding Subsection (g) to read as |
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follows: |
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(b) The commission shall require a state, county, special |
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district, or municipal agency that appoints or employs peace |
|
officers to provide each peace officer with a training program at |
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least once every 48 months that is approved by the commission and |
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consists of: |
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(1) topics selected by the agency; and |
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(2) for an officer holding only a basic proficiency |
|
certificate, not more than 20 hours of education and training that |
|
contain curricula incorporating the learning objectives developed |
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by the commission regarding: |
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(A) civil rights, racial sensitivity, and |
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cultural diversity; [and] |
|
(B) de-escalation and crisis intervention |
|
techniques to facilitate interaction with persons with mental |
|
impairments; and |
|
(C) unless determined by the agency head to be |
|
inconsistent with the officer's assigned duties: |
|
(i) the recognition and documentation of |
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cases that involve child abuse or neglect, family violence, and |
|
sexual assault; and |
|
(ii) issues concerning sex offender |
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characteristics. |
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(g) The training and education program on de-escalation and |
|
crisis intervention techniques to facilitate interaction with |
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persons with mental impairments under Subsection (b)(2)(B) may not |
|
be provided as an online course. The commission shall: |
|
(1) determine best practices for interacting with |
|
persons with mental impairments, in consultation with the Bill |
|
Blackwood Law Enforcement Management Institute of Texas; and |
|
(2) review the education and training program under |
|
Subsection (b)(2)(B) at least once every 24 months. |
|
SECTION 17. Section 1701.402, Occupations Code, is amended |
|
by adding Subsections (h) and (i) to read as follows: |
|
(h) As a requirement for an intermediate proficiency |
|
certificate, an officer must complete an education and training |
|
program on investigative topics established by the commission under |
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Section 1701.253(b). |
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(i) As a requirement for an intermediate proficiency |
|
certificate, an officer must complete an education and training |
|
program on civil rights, racial sensitivity, and cultural diversity |
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established by the commission under Section 1701.253(c). |
|
SECTION 18. Section 1701.355(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) An agency that employs one or more [at least two] peace |
|
officers shall designate a firearms proficiency officer and require |
|
each peace officer the agency employs to demonstrate weapons |
|
proficiency to the firearms proficiency officer at least annually. |
|
The agency shall maintain records of the weapons proficiency of the |
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agency's peace officers. |
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SECTION 19. Sections 1701.451(a), (b), and (c), Occupations |
|
Code, are amended 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: |
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(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: |
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(A) conducted in the manner prescribed by the |
|
commission a criminal background check regarding the person; |
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(B) obtained the person's written consent on a |
|
form prescribed by the commission for the agency to view the |
|
person's employment records; |
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(C) obtained from the commission any service or |
|
education records regarding the person maintained by the |
|
commission; and |
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(D) contacted each of the person's previous law |
|
enforcement employers. |
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(b) The commission by rule shall establish a system for |
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verifying an electronically submitted [The written] request |
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required by Subsection (a)(1) [must be on the agency's letterhead
|
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and be signed by the agency head or the agency head's designee]. |
|
(c) If the commission receives from a law enforcement agency |
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a [written] request that complies with Subsections (a)(1) and (b), |
|
the commission employee having the responsibility to maintain any |
|
employment termination report regarding the person who is the |
|
subject of the request shall release the report to the agency. |
|
SECTION 20. Section 1701.4525, Occupations Code, is amended |
|
by adding Subsection (g) to read as follows: |
|
(g) The commission is not considered a party in a proceeding |
|
conducted by the State Office of Administrative Hearings under this |
|
section. |
|
SECTION 21. Section 1701.453, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1701.453. MAINTENANCE OF REPORTS AND STATEMENTS. The |
|
commission shall maintain a copy of each report and [written] |
|
statement submitted to the commission under this subchapter until |
|
at least the 10th anniversary of the date on which the report or |
|
statement is submitted. |
|
SECTION 22. Section 1701.501(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Except as provided by Subsection (d), 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: |
|
(1) this chapter; |
|
(2) the reporting requirements provided by Articles |
|
2.132 and 2.134, Code of Criminal Procedure; or |
|
(3) a commission rule. |
|
SECTION 23. Subchapter K, Chapter 1701, Occupations Code, |
|
is amended by adding Section 1701.507 to read as follows: |
|
Sec. 1701.507. ADMINISTRATIVE PENALTIES. (a) In addition |
|
to other penalties imposed by law, a law enforcement agency or |
|
governmental entity that violates this chapter or a rule adopted |
|
under this chapter is subject to an administrative penalty in an |
|
amount set by the commission not to exceed $1,000 per day per |
|
violation. The administrative penalty shall be assessed in a |
|
proceeding conducted in accordance with Chapter 2001, Government |
|
Code. |
|
(b) The amount of the penalty shall be based on: |
|
(1) the seriousness of the violation; |
|
(2) the respondent's history of violations; |
|
(3) the amount necessary to deter future violations; |
|
(4) efforts made by the respondent to correct the |
|
violation; and |
|
(5) any other matter that justice may require. |
|
(c) The commission by rule shall establish a written |
|
enforcement plan that provides notice of the specific ranges of |
|
penalties that apply to specific alleged violations and the |
|
criteria by which the commission determines the amount of a |
|
proposed administrative penalty. |
|
SECTION 24. Subchapter L, Chapter 1701, Occupations Code, |
|
is amended by adding Section 1701.554 to read as follows: |
|
Sec. 1701.554. VENUE. Venue for the prosecution of an |
|
offense that arises from a violation of this chapter or in |
|
connection with the administration of this chapter lies in the |
|
county where the offense occurred or in Travis County. |
|
SECTION 25. Article 2.132, Code of Criminal Procedure, is |
|
amended by amending Subsections (a), (b), (d), and (e) and adding |
|
Subsection (g) to read as follows: |
|
(a) In this article: |
|
(1) "Law enforcement agency" means an agency of the |
|
state, or of a county, municipality, or other political subdivision |
|
of the state, that employs peace officers who make motor vehicle |
|
[traffic] stops in the routine performance of the officers' |
|
official duties. |
|
(2) "Motor vehicle stop" means an occasion in which a |
|
peace officer stops a motor vehicle for an alleged violation of a |
|
law or ordinance. |
|
(3) "Race or ethnicity" means of a particular descent, |
|
including Caucasian, African, Hispanic, Asian, [or] Native |
|
American, or Middle Eastern descent. |
|
(b) Each law enforcement agency in this state shall adopt a |
|
detailed written policy on racial profiling. The policy must: |
|
(1) clearly define acts constituting racial |
|
profiling; |
|
(2) strictly prohibit peace officers employed by the |
|
agency from engaging in racial profiling; |
|
(3) implement a process by which an individual may |
|
file a complaint with the agency if the individual believes that a |
|
peace officer employed by the agency has engaged in racial |
|
profiling with respect to the individual; |
|
(4) provide public education relating to the agency's |
|
complaint process; |
|
(5) require appropriate corrective action to be taken |
|
against a peace officer employed by the agency who, after an |
|
investigation, is shown to have engaged in racial profiling in |
|
violation of the agency's policy adopted under this article; |
|
(6) require collection of information relating to |
|
motor vehicle [traffic] stops in which a citation is issued and to |
|
arrests made as a result of [resulting from] those [traffic] stops, |
|
including information relating to: |
|
(A) the race or ethnicity of the individual |
|
detained; [and] |
|
(B) whether a search was conducted and, if so, |
|
whether the individual [person] detained consented to the search; |
|
and |
|
(C) whether the peace officer knew the race or |
|
ethnicity of the individual detained before detaining that |
|
individual; and |
|
(7) require the chief administrator of the agency, |
|
regardless of whether the administrator is elected, employed, or |
|
appointed, to submit [to the governing body of each county or
|
|
municipality served by the agency] an annual report of the |
|
information collected under Subdivision (6) to: |
|
(A) the Commission on Law Enforcement Officer |
|
Standards and Education; and |
|
(B) the governing body of each county or |
|
municipality served by the agency, if the agency is an agency of a |
|
county, municipality, or other political subdivision of the state. |
|
(d) On adoption of a policy under Subsection (b), a law |
|
enforcement agency shall examine the feasibility of installing |
|
video camera and transmitter-activated equipment in each agency law |
|
enforcement motor vehicle regularly used to make motor vehicle |
|
[traffic] stops and transmitter-activated equipment in each agency |
|
law enforcement motorcycle regularly used to make motor vehicle |
|
[traffic] stops. If a law enforcement agency installs video or |
|
audio equipment as provided by this subsection, the policy adopted |
|
by the agency under Subsection (b) must include standards for |
|
reviewing video and audio documentation. |
|
(e) A report required under Subsection (b)(7) may not |
|
include identifying information about a peace officer who makes a |
|
motor vehicle [traffic] stop or about an individual who is stopped |
|
or arrested by a peace officer. This subsection does not affect the |
|
collection of information as required by a policy under Subsection |
|
(b)(6). |
|
(g) On a finding by the Commission on Law Enforcement |
|
Officer Standards and Education that the chief administrator of a |
|
law enforcement agency intentionally failed to submit a report |
|
required under Subsection (b)(7), the commission shall begin |
|
disciplinary procedures against the chief administrator. |
|
SECTION 26. Article 2.133, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE [TRAFFIC AND
|
|
PEDESTRIAN] STOPS. (a) In this article, "race[:
|
|
[(1) "Race] or ethnicity" has the meaning assigned by |
|
Article 2.132(a). |
|
[(2)
"Pedestrian stop" means an interaction between a
|
|
peace officer and an individual who is being detained for the
|
|
purpose of a criminal investigation in which the individual is not
|
|
under arrest.] |
|
(b) A peace officer who stops a motor vehicle for an alleged |
|
violation of a law or ordinance [regulating traffic or who stops a
|
|
pedestrian for any suspected offense] shall report to the law |
|
enforcement agency that employs the officer information relating to |
|
the stop, including: |
|
(1) a physical description of any [each] person |
|
operating the motor vehicle who is detained as a result of the stop, |
|
including: |
|
(A) the person's gender; and |
|
(B) the person's race or ethnicity, as stated by |
|
the person or, if the person does not state the person's race or |
|
ethnicity, as determined by the officer to the best of the officer's |
|
ability; |
|
(2) the initial reason for the stop [traffic law or
|
|
ordinance alleged to have been violated or the suspected offense]; |
|
(3) whether the officer conducted a search as a result |
|
of the stop and, if so, whether the person detained consented to the |
|
search; |
|
(4) whether any contraband or other evidence was |
|
discovered in the course of the search and a description [the type] |
|
of the contraband or evidence [discovered]; |
|
(5) the reason for the search, including whether: |
|
(A) any contraband or other evidence was in plain |
|
view; |
|
(B) any probable cause or reasonable suspicion |
|
existed to perform the search; or |
|
(C) the search was performed as a result of the |
|
towing of the motor vehicle or the arrest of any person in the motor |
|
vehicle [existed and the facts supporting the existence of that
|
|
probable cause]; |
|
(6) whether the officer made an arrest as a result of |
|
the stop or the search, including a statement of whether the arrest |
|
was based on a violation of the Penal Code, a violation of a traffic |
|
law or ordinance, or an outstanding warrant and a statement of the |
|
offense charged; |
|
(7) the street address or approximate location of the |
|
stop; and |
|
(8) whether the officer issued a written warning or a |
|
citation as a result of the stop[, including a description of the
|
|
warning or a statement of the violation charged]. |
|
SECTION 27. Article 2.134, Code of Criminal Procedure, is |
|
amended by amending Subsections (a) through (e) and adding |
|
Subsection (g) to read as follows: |
|
(a) In this article: |
|
(1) "Motor vehicle[, "pedestrian] stop" has the |
|
meaning assigned by Article 2.132(a) [means an interaction between
|
|
a peace officer and an individual who is being detained for the
|
|
purpose of a criminal investigation in which the individual is not
|
|
under arrest]. |
|
(2) "Race or ethnicity" has the meaning assigned by |
|
Article 2.132(a). |
|
(b) A law enforcement agency shall compile and analyze the |
|
information contained in each report received by the agency under |
|
Article 2.133. Not later than March 1 of each year, each [local] |
|
law enforcement agency shall submit a report containing the |
|
incident-based data [information] compiled during the previous |
|
calendar year to the Commission on Law Enforcement Officer |
|
Standards and Education and, if the law enforcement agency is a |
|
local law enforcement agency, to the governing body of each county |
|
or municipality served by the agency [in a manner approved by the
|
|
agency]. |
|
(c) A report required under Subsection (b) must be submitted |
|
by the chief administrator of the law enforcement agency, |
|
regardless of whether the administrator is elected, employed, or |
|
appointed, and must include: |
|
(1) a comparative analysis of the information compiled |
|
under Article 2.133 to: |
|
(A) evaluate and compare the number of motor |
|
vehicle stops, within the applicable jurisdiction, of persons who |
|
are recognized as racial or ethnic minorities and persons who are |
|
not recognized as racial or ethnic minorities [determine the
|
|
prevalence of racial profiling by peace officers employed by the
|
|
agency]; and |
|
(B) examine the disposition of motor vehicle |
|
[traffic and pedestrian] stops made by officers employed by the |
|
agency, categorized according to the race or ethnicity of the |
|
affected persons, as appropriate, including any searches resulting |
|
from [the] stops within the applicable jurisdiction; and |
|
(2) information relating to each complaint filed with |
|
the agency alleging that a peace officer employed by the agency has |
|
engaged in racial profiling. |
|
(d) A report required under Subsection (b) may not include |
|
identifying information about a peace officer who makes a motor |
|
vehicle [traffic or pedestrian] stop or about an individual who is |
|
stopped or arrested by a peace officer. This subsection does not |
|
affect the reporting of information required under Article |
|
2.133(b)(1). |
|
(e) The Commission on Law Enforcement Officer Standards and |
|
Education, in accordance with Section 1701.162, Occupations Code, |
|
shall develop guidelines for compiling and reporting information as |
|
required by this article. |
|
(g) On a finding by the Commission on Law Enforcement |
|
Officer Standards and Education that the chief administrator of a |
|
law enforcement agency intentionally failed to submit a report |
|
required under Subsection (b), the commission shall begin |
|
disciplinary procedures against the chief administrator. |
|
SECTION 28. Article 2.135, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND |
|
AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting |
|
requirement under Article 2.133 and the chief administrator of a |
|
law enforcement agency, regardless of whether the administrator is |
|
elected, employed, or appointed, is exempt from the compilation, |
|
analysis, and reporting requirements under Article 2.134 if: |
|
(1) during the calendar year preceding the date that a |
|
report under Article 2.134 is required to be submitted: |
|
(A) each law enforcement motor vehicle regularly |
|
used by an officer employed by the agency to make motor vehicle |
|
[traffic and pedestrian] stops is equipped with video camera and |
|
transmitter-activated equipment and each law enforcement |
|
motorcycle regularly used to make motor vehicle [traffic and
|
|
pedestrian] stops is equipped with transmitter-activated |
|
equipment; and |
|
(B) each motor vehicle [traffic and pedestrian] |
|
stop made by an officer employed by the agency that is capable of |
|
being recorded by video and audio or audio equipment, as |
|
appropriate, is recorded by using the equipment; or |
|
(2) the governing body of the county or municipality |
|
served by the law enforcement agency, in conjunction with the law |
|
enforcement agency, certifies to the Department of Public Safety, |
|
not later than the date specified by rule by the department, that |
|
the law enforcement agency needs funds or video and audio equipment |
|
for the purpose of installing video and audio equipment as |
|
described by Subsection (a)(1)(A) and the agency does not receive |
|
from the state funds or video and audio equipment sufficient, as |
|
determined by the department, for the agency to accomplish that |
|
purpose. |
|
(b) Except as otherwise provided by this subsection, a law |
|
enforcement agency that is exempt from the requirements under |
|
Article 2.134 shall retain the video and audio or audio |
|
documentation of each motor vehicle [traffic and pedestrian] stop |
|
for at least 90 days after the date of the stop. If a complaint is |
|
filed with the law enforcement agency alleging that a peace officer |
|
employed by the agency has engaged in racial profiling with respect |
|
to a motor vehicle [traffic or pedestrian] stop, the agency shall |
|
retain the video and audio or audio record of the stop until final |
|
disposition of the complaint. |
|
(c) This article does not affect the collection or reporting |
|
requirements under Article 2.132. |
|
(d) In this article, "motor vehicle stop" has the meaning |
|
assigned by Article 2.132(a). |
|
SECTION 29. Chapter 2, Code of Criminal Procedure, is |
|
amended by adding Article 2.1385 to read as follows: |
|
Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator |
|
of a local law enforcement agency intentionally fails to submit the |
|
incident-based data as required by Article 2.134, the agency is |
|
liable to the state for a civil penalty in the amount of $1,000 for |
|
each violation. The attorney general may sue to collect a civil |
|
penalty under this subsection. |
|
(b) From money appropriated to the agency for the |
|
administration of the agency, the executive director of a state law |
|
enforcement agency that intentionally fails to submit the |
|
incident-based data as required by Article 2.134 shall remit to the |
|
comptroller the amount of $1,000 for each violation. |
|
(c) Money collected under this article shall be deposited in |
|
the state treasury to the credit of the general revenue fund. |
|
SECTION 30. Subchapter A, Chapter 102, Code of Criminal |
|
Procedure, is amended by adding Article 102.022 to read as follows: |
|
Art. 102.022. COSTS ON CONVICTION TO FUND STATEWIDE |
|
REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE. (a) In this article, |
|
"moving violation" means an offense that: |
|
(1) involves the operation of a motor vehicle; and |
|
(2) is classified as a moving violation by the |
|
Department of Public Safety under Section 708.052, Transportation |
|
Code. |
|
(b) A defendant convicted of a moving violation in a justice |
|
court, county court, county court at law, or municipal court shall |
|
pay a fee of 10 cents as a cost of court. |
|
(c) In this article, a person is considered convicted if: |
|
(1) a sentence is imposed on the person; |
|
(2) the person receives community supervision, |
|
including deferred adjudication; or |
|
(3) the court defers final disposition of the person's |
|
case. |
|
(d) The clerks of the respective courts shall collect the |
|
costs described by this article. The clerk shall keep separate |
|
records of the funds collected as costs under this article and shall |
|
deposit the funds in the county or municipal treasury, as |
|
appropriate. |
|
(e) The custodian of a county or municipal treasury shall: |
|
(1) keep records of the amount of funds on deposit |
|
collected under this article; and |
|
(2) send to the comptroller before the last day of the |
|
first month following each calendar quarter the funds collected |
|
under this article during the preceding quarter. |
|
(f) A county or municipality may retain 10 percent of the |
|
funds collected under this article by an officer of the county or |
|
municipality as a collection fee if the custodian of the county or |
|
municipal treasury complies with Subsection (e). |
|
(g) If no funds due as costs under this article are |
|
deposited in a county or municipal treasury in a calendar quarter, |
|
the custodian of the treasury shall file the report required for the |
|
quarter in the regular manner and must state that no funds were |
|
collected. |
|
(h) The comptroller shall deposit the funds received under |
|
this article to the credit of the Civil Justice Data Repository fund |
|
in the general revenue fund, to be used only by the Commission on |
|
Law Enforcement Officer Standards and Education to implement duties |
|
under Section 1701.162, Occupations Code. |
|
(i) Funds collected under this article are subject to audit |
|
by the comptroller. |
|
SECTION 31. (a) Section 102.061, Government Code, as |
|
reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th |
|
Legislature, Regular Session, 2007, is amended to conform to the |
|
amendments made to Section 102.061, Government Code, by Chapter |
|
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, |
|
2007, and is further amended to read as follows: |
|
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
|
statutory county court shall collect fees and costs under the Code |
|
of Criminal Procedure on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $20; |
|
(2) a fee for services of the clerk of the court (Art. |
|
102.005, Code of Criminal Procedure) . . . $40; |
|
(3) a records management and preservation services fee |
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
(4) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; |
|
(5) a graffiti eradication fee (Art. 102.0171, Code of |
|
Criminal Procedure) . . . $5; [and] |
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5; and |
|
(7) a civil justice fee (Art. 102.022, Code of |
|
Criminal Procedure) . . . $0.10. |
|
(b) Section 102.061, Government Code, as amended by Chapter |
|
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, |
|
2007, is repealed. Section 102.061, Government Code, as reenacted |
|
and amended by Chapter 921 (H.B. 3167), Acts of the 80th |
|
Legislature, Regular Session, 2007, to reorganize and renumber that |
|
section, continues in effect as further amended by this section. |
|
SECTION 32. (a) Section 102.081, Government Code, as |
|
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, |
|
Regular Session, 2007, is amended to conform to the amendments made |
|
to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151), |
|
Acts of the 80th Legislature, Regular Session, 2007, and is further |
|
amended to read as follows: |
|
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county |
|
court shall collect fees and costs under the Code of Criminal |
|
Procedure on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $20; |
|
(2) a fee for clerk of the court services (Art. |
|
102.005, Code of Criminal Procedure) . . . $40; |
|
(3) a records management and preservation services fee |
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
(4) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; |
|
(5) a graffiti eradication fee (Art. 102.0171, Code of |
|
Criminal Procedure) . . . $5; [and] |
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5; and |
|
(7) a civil justice fee (Art. 102.022, Code of |
|
Criminal Procedure) . . . $0.10. |
|
(b) Section 102.081, Government Code, as amended by Chapter |
|
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, |
|
2007, is repealed. Section 102.081, Government Code, as amended by |
|
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular |
|
Session, 2007, to reorganize and renumber that section, continues |
|
in effect as further amended by this section. |
|
SECTION 33. Section 102.101, Government Code, is amended to |
|
read as follows: |
|
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice |
|
court shall collect fees and costs under the Code of Criminal |
|
Procedure on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $3; |
|
(2) a fee for withdrawing request for jury less than 24 |
|
hours before time of trial (Art. 102.004, Code of Criminal |
|
Procedure) . . . $3; |
|
(3) a jury fee for two or more defendants tried jointly |
|
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; |
|
(4) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $4; |
|
(5) a fee for technology fund on a misdemeanor offense |
|
(Art. 102.0173, Code of Criminal Procedure) . . . $4; |
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5; |
|
(7) a fee on conviction of certain offenses involving |
|
issuing or passing a subsequently dishonored check (Art. 102.0071, |
|
Code of Criminal Procedure) . . . not to exceed $30; [and] |
|
(8) a court cost on conviction of a Class C misdemeanor |
|
in a county with a population of 3.3 million or more, if authorized |
|
by the county commissioners court (Art. 102.009, Code of Criminal |
|
Procedure) . . . not to exceed $7; and |
|
(9) a civil justice fee (Art. 102.022, Code of |
|
Criminal Procedure) . . . $0.10. |
|
SECTION 34. Section 102.121, Government Code, is amended to |
|
read as follows: |
|
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
|
municipal court shall collect fees and costs on conviction of a |
|
defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $3; |
|
(2) a fee for withdrawing request for jury less than 24 |
|
hours before time of trial (Art. 102.004, Code of Criminal |
|
Procedure) . . . $3; |
|
(3) a jury fee for two or more defendants tried jointly |
|
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; |
|
(4) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; |
|
(5) a fee for technology fund on a misdemeanor offense |
|
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; |
|
[and] |
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5; and |
|
(7) a civil justice fee (Art. 102.022, Code of |
|
Criminal Procedure) . . . $0.10. |
|
SECTION 35. The following laws are repealed: |
|
(1) Section 1701.051(d), Occupations Code; |
|
(2) Section 1701.156(c), Occupations Code; |
|
(3) Section 1701.315, Occupations Code; and |
|
(4) Section 1701.406, Occupations Code. |
|
SECTION 36. (a) The changes in law made by this Act to |
|
Sections 1701.053, 1701.056, and 1701.059, Occupations Code, apply |
|
only to a member of the Texas Commission on Law Enforcement Officer |
|
Standards and Education appointed on or after the effective date of |
|
this Act and do not affect the entitlement of a member serving on |
|
the commission immediately before that date to continue to serve |
|
and function as a member of the commission for the remainder of the |
|
member's term. |
|
(b) Not later than March 1, 2010, the Texas Commission on |
|
Law Enforcement Officer Standards and Education shall adopt rules |
|
and policies required under: |
|
(1) Sections 1701.202, 1701.254, and 1701.451, |
|
Occupations Code, as amended by this Act; and |
|
(2) Sections 1701.1521, 1701.1522, 1701.1523, |
|
1701.1524, and 1701.162, Occupations Code, as added by this Act. |
|
(c) The changes in law made by this Act with respect to |
|
conduct that is grounds for the imposition of a disciplinary |
|
sanction, including an administrative penalty, apply only to |
|
conduct that occurs on or after the effective date of this Act. |
|
Conduct that occurs before that date is governed by the law in |
|
effect on the date the conduct occurred, and the former law is |
|
continued in effect for that purpose. |
|
(d) The Commission on Law Enforcement Officer Standards and |
|
Education shall modify the training program required by Section |
|
1701.352(b), Occupations Code, as amended by this Act, and ensure |
|
that the modified program is available not later than January 1, |
|
2010. |
|
(e) A law enforcement agency affected by the change in law |
|
made by this Act to Section 1701.355(a), Occupations Code, shall |
|
designate a firearms proficiency officer not later than March 1, |
|
2010. For purposes of this section, a state or local governmental |
|
entity that employs one or more peace officers is a law enforcement |
|
agency. |
|
(f) The changes in law made by this Act to Section |
|
1701.157(b), Occupations Code, apply to allocations made on or |
|
after January 1, 2011. Allocations made before that date are |
|
governed by the law in effect immediately before the effective date |
|
of this Act, and the former law is continued in effect for that |
|
purpose. |
|
(g) The requirements of Articles 2.132, 2.133, and 2.134, |
|
Code of Criminal Procedure, as amended by this Act, relating to the |
|
compilation, analysis, and submission of incident-based data apply |
|
only to information based on a motor vehicle stop occurring on or |
|
after January 1, 2010. |
|
(h) The imposition of a cost of court under Article 102.022, |
|
Code of Criminal Procedure, as added by this Act, applies only to an |
|
offense committed on or after the effective date of this Act. An |
|
offense committed before the effective date of this Act is covered |
|
by the law in effect when the offense was committed, and the former |
|
law is continued in effect for that purpose. For purposes of this |
|
section, an offense was committed before the effective date of this |
|
Act if any element of the offense occurred before that date. |
|
SECTION 37. This Act takes effect September 1, 2009. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 3389 was passed by the House on May |
|
13, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
voting; that the House refused to concur in Senate amendments to |
|
H.B. No. 3389 on May 29, 2009, and requested the appointment of a |
|
conference committee to consider the differences between the two |
|
houses; and that the House adopted the conference committee report |
|
on H.B. No. 3389 on May 31, 2009, by the following vote: Yeas 144, |
|
Nays 0, 1 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 3389 was passed by the Senate, with |
|
amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
|
0; at the request of the House, the Senate appointed a conference |
|
committee to consider the differences between the two houses; and |
|
that the Senate adopted the conference committee report on H.B. No. |
|
3389 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |