|
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A BILL TO BE ENTITLED
|
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AN ACT
|
|
|
relating to the continuation and functions of the Texas Commission |
|
on Law Enforcement Officer Standards and Education. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.002, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1701.002. APPLICATION OF SUNSET ACT. The Commission |
|
on Law Enforcement Officer Standards and Education is subject to |
|
Chapter 325, Government Code (Texas Sunset Act). Unless continued |
|
in existence as provided by that chapter, the commission is |
|
abolished and this chapter expires September 1, 2021 [2009]. |
|
SECTION 2. Section 1701.053, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1701.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) |
|
In this section, "Texas trade association" means a [nonprofit,] |
|
cooperative[,] and voluntarily joined statewide association of |
|
business or professional competitors in this state designed to |
|
assist its members and its industry or profession in dealing with |
|
mutual business or professional problems and in promoting their |
|
common interest. |
|
(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 |
|
a commission member and may not be an employee of the commission |
|
employed in a "bona fide executive, administrative, or professional |
|
capacity," as that phrase is used for purposes of establishing an |
|
exemption to the overtime provisions of the federal Fair Labor |
|
Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if: |
|
(1) the person is an officer, employee, or paid |
|
consultant of a Texas trade association in the field of law |
|
enforcement or county corrections; or |
|
(2) the person's spouse is an officer, manager, or paid |
|
consultant of a Texas trade association in the field of law |
|
enforcement or county corrections [who is exempt from the state's
|
|
position classification plan or is compensated at or above the
|
|
amount prescribed by the General Appropriations Act for step 1,
|
|
salary group A17, of the position classification salary schedule]. |
|
(c) [A person who is the spouse of an officer, manager, or
|
|
paid consultant of a Texas trade association in the field of law
|
|
enforcement may not be a commission member and may not be an
|
|
employee of the commission who is exempt from the state's position
|
|
classification plan or is compensated at or above the amount
|
|
prescribed by the General Appropriations Act for step 1, salary
|
|
group A17, of the position classification salary schedule.
|
|
[(d)] A person may not be [serve as] a member of the |
|
commission or act as the general counsel to the commission or the |
|
agency if the person is required to register as a lobbyist under |
|
Chapter 305, Government Code, because of the person's activities |
|
for compensation on behalf of a profession related to the |
|
commission's operation. |
|
SECTION 3. Section 1701.056(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) It is a ground for removal from the commission that a |
|
member: |
|
(1) does not have at the time of taking office |
|
[appointment] the qualifications required by Section 1701.051(a) |
|
or 1701.052; |
|
(2) does not maintain during service on the commission |
|
the qualifications required by Section 1701.051(a) or 1701.052; |
|
(3) is ineligible for membership under [violates a
|
|
prohibition established by] Section 1701.053; |
|
(4) cannot, because of illness or disability, |
|
discharge the member's duties for a substantial part of the member's |
|
term; or |
|
(5) is absent from more than half of the regularly |
|
scheduled commission meetings that the member is eligible to attend |
|
during a calendar year without an excuse approved by a majority vote |
|
of the commission. |
|
SECTION 4. Section 1701.059, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1701.059. TRAINING. (a) A [To be eligible to take
|
|
office as a member of the commission, a] person who is appointed to |
|
and qualifies for office as a member of the commission may not vote, |
|
deliberate, or be counted as a member in attendance at a meeting of |
|
the commission until the person completes [must complete at least
|
|
one course of] a training program that complies with this section. |
|
(b) The training program must [shall] provide the person |
|
with information [to a member] regarding: |
|
(1) the legislation that created the commission; |
|
(2) the programs, functions, rules, and budget of the |
|
commission [this chapter]; |
|
(3) [(2)] the results of the most recent formal audit |
|
of [programs operated by] the commission; |
|
(4) [(3)] the requirements of laws relating to open |
|
meetings, public information, administrative procedure, and |
|
conflicts of interest [role and functions of the commission]; and |
|
[(4)
the rules of the commission, with an emphasis on
|
|
the rules that relate to disciplinary and investigatory authority;] |
|
(5) [the current budget for the commission;
|
|
[(6)
the results of the most recent formal audit of the
|
|
commission;
|
|
[(7)
the requirements of Chapters 551, 552, and 2001,
|
|
Government Code;
|
|
[(8)
the requirements of the conflict of interest laws
|
|
and other laws relating to public officials; and
|
|
[(9)] any applicable ethics policies adopted by the |
|
commission or the Texas Ethics Commission. |
|
(c) A person appointed to the commission is entitled to |
|
reimbursement, as provided by the General Appropriations Act, for |
|
travel expenses incurred in attending the training program |
|
regardless of whether the attendance at the program occurs before |
|
or after the person qualifies for office[, as provided by the
|
|
General Appropriations Act, as if the person were a member of the
|
|
commission]. |
|
SECTION 5. Section 1701.153(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) The commission shall furnish each agency and licensed |
|
training school with the required reporting forms, including access |
|
to electronic submission forms when the system under Section |
|
1701.1523 is established. |
|
SECTION 6. Sections 1701.157(b) and (c), Occupations Code, |
|
are amended to read as follows: |
|
(b) To provide the necessary information for an allocation |
|
of money under Subsection (a), a [Not later than November 1 of each
|
|
calendar year, each] local law enforcement agency must [shall] |
|
report to the comptroller not later than November 1 of the preceding |
|
calendar year: |
|
(1) the number of agency positions described by |
|
Subsection (a)(2) authorized as of January 1 of the [that] year the |
|
report is due; |
|
(2) the number of agency positions described by |
|
Subsection (a)(2) filled as of January 1 of the year the report is |
|
due; |
|
(3) the percentage of the money received by the agency |
|
under Subsection (a) pursuant to the allocation made by the |
|
comptroller on or before March 1 of the year preceding the year in |
|
which the report is due that was used by the agency before the date |
|
of the allocation made by the comptroller under Subsection (a) on or |
|
before March 1 of the year the report is due; |
|
(4) the number of training hours received during the |
|
12-month or approximately 12-month period described by Subdivision |
|
(3) that were funded by money received by the agency pursuant to the |
|
allocation made by the comptroller on or before March 1 of the year |
|
preceding the year in which the report is due; and |
|
(5) that the agency has complied with the requirements |
|
of this section regarding the use of any money received by the |
|
agency pursuant to the allocation made by the comptroller on or |
|
before March 1 of the year preceding the year in which the report is |
|
due. |
|
(c) The head of a law enforcement agency shall maintain a |
|
complete and detailed [written] record of money received and spent |
|
by the agency under this section. Money received under this section |
|
is subject to audit by the comptroller. Money spent under this |
|
section is subject to audit by the state auditor. |
|
SECTION 7. Subchapter D, Chapter 1701, Occupations Code, is |
|
amended by adding Sections 1701.1521, 1701.1522, 1701.1523, |
|
1701.1524, 1701.162, and 1701.163 to read as follows: |
|
Sec. 1701.1521. USE OF TECHNOLOGY. The commission shall |
|
implement a policy requiring the commission to use appropriate |
|
technological solutions to improve the commission's ability to |
|
perform its functions. The policy must ensure that the public is |
|
able to interact with the commission on the Internet. |
|
Sec. 1701.1522. ALTERNATIVE DISPUTE RESOLUTION. (a) The |
|
commission shall develop and implement a policy to encourage the |
|
use of: |
|
(1) negotiated rulemaking procedures under Chapter |
|
2008, Government Code, for the adoption of commission rules; and |
|
(2) appropriate alternative dispute resolution |
|
procedures under Chapter 2009, Government Code, to assist in the |
|
resolution of internal and external disputes under the commission's |
|
jurisdiction. |
|
(b) The commission's procedures relating to alternative |
|
dispute resolution must conform, to the extent possible, to any |
|
model guidelines issued by the State Office of Administrative |
|
Hearings for the use of alternative dispute resolution by state |
|
agencies. |
|
(c) The commission shall designate a trained person to: |
|
(1) coordinate the implementation of the policy |
|
adopted under Subsection (a); |
|
(2) serve as a resource for any training needed to |
|
implement the procedures for negotiated rulemaking or alternative |
|
dispute resolution; and |
|
(3) collect data concerning the effectiveness of those |
|
procedures, as implemented by the commission. |
|
Sec. 1701.1523. ELECTRONIC SUBMISSION OF FORMS, DATA, AND |
|
DOCUMENTS. The commission by rule shall: |
|
(1) develop and establish a system for the electronic |
|
submission of forms, data, and documents required to be submitted |
|
to the commission under this chapter; and |
|
(2) once that system is established, require law |
|
enforcement agencies to submit to the commission electronically any |
|
form, data, or document required to be submitted to the commission |
|
under this chapter. |
|
Sec. 1701.1524. RULES RELATING TO CONSEQUENCES OF CRIMINAL |
|
CONVICTION OR DEFERRED ADJUDICATION. (a) The commission by rule |
|
shall establish guidelines consistent with this chapter that are |
|
necessary to comply with Chapter 53 to the extent that chapter |
|
applies to persons licensed under this chapter. |
|
(b) In its rules under this section, the commission shall |
|
list the offenses for which a conviction would constitute grounds |
|
for the commission to take action under Section 53.021 or for which |
|
placement on deferred adjudication community supervision would |
|
constitute grounds for the commission to take action under this |
|
chapter. |
|
Sec. 1701.162. RECORDS AND AUDIT REQUIREMENTS. (a) The |
|
commission is entitled to access records maintained under Sections |
|
1701.303, 1701.306, and 1701.310 by an agency hiring a person to be |
|
an officer 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 or county jailer. |
|
(b) The commission shall audit the records described by |
|
Subsection (a) of each law enforcement agency at least once every |
|
five years. |
|
(c) The commission by rule shall develop and establish a |
|
framework for the audits conducted by the commission under |
|
Subsection (b) that: |
|
(1) addresses the types of documents subject to audit; |
|
(2) provides a schedule for additional risk-based |
|
inspections based on: |
|
(A) whether there has been a prior violation by |
|
the law enforcement agency; |
|
(B) the inspection history of the agency; and |
|
(C) any other factor the commission by rule |
|
considers appropriate; |
|
(3) provides timelines for complying with an audit |
|
request or correcting a violation found during the audit process; |
|
and |
|
(4) establishes sanctions for failing to comply with |
|
an audit request or to correct a violation found during the audit |
|
process. |
|
Sec. 1701.163. INFORMATION PROVIDED BY COMMISSIONING |
|
ENTITIES. (a) This section applies only to an entity authorized by |
|
statute or by the constitution to create a law enforcement agency or |
|
police department and commission, appoint, or employ officers that |
|
first creates a law enforcement agency or police department and |
|
first begins to commission, appoint, or employ officers on or after |
|
September 1, 2009. |
|
(b) The entity shall submit to the commission on creation of |
|
the law enforcement agency or police department information |
|
regarding: |
|
(1) the need for the law enforcement agency or police |
|
department in the community; |
|
(2) the funding sources for the law enforcement agency |
|
or police department; |
|
(3) the physical resources available to officers; |
|
(4) the physical facilities that the law enforcement |
|
agency or police department will operate, including descriptions of |
|
the evidence room, dispatch area, and public area; |
|
(5) law enforcement policies of the law enforcement |
|
agency or police department, including policies on: |
|
(A) use of force; |
|
(B) vehicle pursuit; |
|
(C) professional conduct of officers; |
|
(D) domestic abuse protocols; |
|
(E) response to missing persons; |
|
(F) supervision of part-time officers; and |
|
(G) impartial policing; |
|
(6) the administrative structure of the law |
|
enforcement agency or police department; |
|
(7) liability insurance; and |
|
(8) any other information the commission requires by |
|
rule. |
|
SECTION 8. Subchapter D, Chapter 1701, Occupations Code, is |
|
amended by adding Section 1701.164 to read as follows: |
|
Sec. 1701.164. COLLECTION OF INFORMATION REGARDING RACIAL |
|
PROFILING. The commission shall collect and maintain information |
|
submitted to the commission under Article 2.134, Code of Criminal |
|
Procedure. |
|
SECTION 9. Section 1701.202, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1701.202. COMPLAINTS. (a) The commission by rule |
|
shall establish a comprehensive procedure for each phase of the |
|
commission's jurisdictional complaint enforcement process, |
|
including: |
|
(1) complaint intake; |
|
(2) investigation; |
|
(3) adjudication and relevant hearings; |
|
(4) appeals; |
|
(5) the imposition of sanctions; and |
|
(6) public disclosure. |
|
(b) On request, a license holder may obtain information |
|
regarding a complaint made against the license holder under this |
|
chapter, including a complete copy of the complaint file. On |
|
receipt of a request under this subsection, the commission shall |
|
provide the requested information in a timely manner to allow the |
|
license holder time to respond to the complaint. |
|
(c) The commission shall ensure that detailed information |
|
regarding the commission's complaint enforcement process described |
|
by this section is available on any publicly accessible Internet |
|
website and in any appropriate printed materials maintained by the |
|
commission [provide the commission's policies and procedures
|
|
relating to complaint investigation and resolution to a person
|
|
filing a complaint and to each person that is the subject of the
|
|
complaint]. |
|
SECTION 10. Section 1701.203, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1701.203. RECORDS OF COMPLAINTS. (a) The commission |
|
shall maintain a system to promptly and efficiently act on |
|
jurisdictional complaints filed with the commission. The |
|
commission shall maintain [keep an] information [file] about |
|
parties to the complaint, [each written complaint filed with the
|
|
commission that the commission has authority to resolve. The
|
|
information file must include:
|
|
[(1) the date the complaint is received;
|
|
[(2) the name of the complainant;
|
|
[(3)] the subject matter of the complaint,[;
|
|
[(4)
a record of each person contacted in relation to
|
|
the complaint;
|
|
[(5)] a summary of the results of the review or |
|
investigation of the complaint, and its disposition[; and
|
|
[(6)
an explanation of the reason that a complaint was
|
|
closed without action by the commission]. |
|
(b) The commission shall make information available |
|
describing its procedures for complaint investigation and |
|
resolution. |
|
(c) The commission[, at least quarterly and until final
|
|
disposition of the complaint,] shall periodically notify the |
|
parties to the complaint of the status of the complaint until final |
|
disposition [unless the notice would jeopardize an undercover
|
|
investigation]. |
|
SECTION 11. Subchapter E, Chapter 1701, Occupations Code, |
|
is amended by adding Section 1701.2035 to read as follows: |
|
Sec. 1701.2035. TRACKING AND ANALYSIS OF COMPLAINT AND |
|
VIOLATION DATA. (a) The commission shall develop and implement a |
|
method for: |
|
(1) tracking complaints filed with the commission |
|
through their final disposition, including: |
|
(A) the reason for each complaint; |
|
(B) how each complaint was resolved; and |
|
(C) the subject matter of each complaint that was |
|
not within the jurisdiction of the commission and how the |
|
commission responded to the complaint; and |
|
(2) tracking and categorizing the sources and types of |
|
complaints filed with the commission and of violations of this |
|
chapter or a rule adopted under this chapter. |
|
(b) The commission shall analyze the complaint and |
|
violation data maintained under Subsection (a) to identify trends |
|
and areas that may require additional regulation or enforcement. |
|
SECTION 12. Section 1701.253, Occupations Code, is amended |
|
by adding Subsection (k) to read as follows: |
|
(k) As part of the minimum curriculum requirements, the |
|
commission shall establish a statewide comprehensive education and |
|
training program for officers licensed under this chapter that |
|
covers the laws of this state and of the United States pertaining to |
|
peace officers. |
|
SECTION 13. Section 1701.254, Occupations Code, is amended |
|
by adding Subsection (d) to read as follows: |
|
(d) The commission by rule shall establish a system for |
|
placing a training provider on at-risk probationary status. The |
|
rules must prescribe: |
|
(1) the criteria to be used by the commission in |
|
determining whether to place a training provider on at-risk |
|
probationary status; |
|
(2) a procedure and timeline for imposing corrective |
|
conditions on a training provider placed on at-risk probationary |
|
status and for notifying the provider regarding those conditions; |
|
and |
|
(3) a procedure for tracking a training provider's |
|
progress toward compliance with any corrective conditions imposed |
|
on the provider by the commission under this subsection. |
|
SECTION 14. Section 1701.255(c), Occupations Code, is |
|
amended to read as follows: |
|
(c) A person may not enroll in a peace officer training |
|
program under Section 1701.251(a) unless the person has received: |
|
(1) a high school diploma; |
|
(2) a high school equivalency certificate [and has
|
|
completed at least 12 hours at an institution of higher education
|
|
with at least a 2.0 grade point average on a 4.0 scale]; or |
|
(3) an honorable discharge from the armed forces of |
|
the United States after at least 24 months of active duty service. |
|
SECTION 15. Section 1701.351, Occupations Code, is amended |
|
by adding Subsection (a-1) to read as follows: |
|
(a-1) As part of the continuing education programs under |
|
Subsection (a), a peace officer must complete a training and |
|
education program that covers recent changes to the laws of this |
|
state and of the United States pertaining to peace officers. |
|
SECTION 16. Section 1701.352, Occupations Code, is amended |
|
by amending Subsection (b) and adding Subsection (g) to read as |
|
follows: |
|
(b) The commission shall require a state, county, special |
|
district, or municipal agency that appoints or employs peace |
|
officers to provide each peace officer with a training program at |
|
least once every 48 months that is approved by the commission and |
|
consists of: |
|
(1) topics selected by the agency; and |
|
(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 |
|
by the commission regarding: |
|
(A) civil rights, racial sensitivity, and |
|
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 |
|
cases that involve child abuse or neglect, family violence, and |
|
sexual assault; and |
|
(ii) issues concerning sex offender |
|
characteristics. |
|
(g) The training and education program on de-escalation and |
|
crisis intervention techniques to facilitate interaction with |
|
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 |
|
Section 1701.253(b). |
|
(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 |
|
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 |
|
agency's peace officers. |
|
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: |
|
(1) make a [written] request to the commission for any |
|
employment termination report regarding the person that is |
|
maintained by the commission under this subchapter; and |
|
(2) submit to the commission on the form prescribed by |
|
the commission confirmation that the agency: |
|
(A) conducted in the manner prescribed by the |
|
commission a criminal background check regarding the person; |
|
(B) obtained the person's written consent on a |
|
form prescribed by the commission for the agency to view the |
|
person's employment records; |
|
(C) obtained from the commission any service or |
|
education records regarding the person maintained by the |
|
commission; and |
|
(D) contacted each of the person's previous law |
|
enforcement employers. |
|
(b) The commission by rule shall establish a system for |
|
verifying an electronically submitted [The written] request |
|
required by Subsection (a)(1) [must be on the agency's letterhead
|
|
and be signed by the agency head or the agency head's designee]. |
|
(c) If the commission receives from a law enforcement agency |
|
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. 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 person who 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 23. 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 24. Article 2.132(b), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(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 |
|
traffic stops in which a citation is issued and to arrests 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 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 agency to submit 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, |
|
an annual report of the information collected under Subdivision (6) |
|
[if the agency is an agency of a county, municipality, or other
|
|
political subdivision of the state]. |
|
SECTION 25. Article 2.134(b), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(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 |
|
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]. |
|
SECTION 26. 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 27. (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. |
|
SECTION 28. Articles 2.132(b) and 2.134(b), Code of |
|
Criminal Procedure, as amended by this Act, apply only to a report |
|
submitted by a law enforcement agency to the Commission on Law |
|
Enforcement Officer Standards and Education or to the governing |
|
body of the applicable political subdivision on or after the |
|
effective date of this Act. A report submitted before the effective |
|
date of this Act is governed by the law in effect when the report was |
|
submitted, and that law is continued in effect for that purpose. |
|
SECTION 29. This Act takes effect September 1, 2009. |
|
|
|
* * * * * |