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A BILL TO BE ENTITLED
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AN ACT
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relating to readiness standards adopted by a law enforcement |
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agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 614.151(2), Government Code, as added by |
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Chapter 1159 (H.B. 12), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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(2) "Law enforcement officer" means a person who[:
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[(A)] is a commissioned peace officer[;
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[(B) is] employed by a law enforcement agency[;
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and
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[(C) is compensated according to:
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[(i)
Schedule C of the position
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classification salary schedule prescribed by the General
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Appropriations Act if the person is employed by a law enforcement
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agency other than the Parks and Wildlife Department; or
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[(ii)
Schedule B or C of the position
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classification salary schedule prescribed by the General
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Appropriations Act if the person is employed by the Parks and
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Wildlife Department]. |
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SECTION 2. Section 614.152, Government Code, as added by |
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Chapter 1159 (H.B. 12), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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Sec. 614.152. PHYSICAL READINESS [FITNESS] STANDARDS. |
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(a) Out of appropriated funds, each law enforcement agency, in |
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consultation with physical readiness experts, shall adopt physical |
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readiness [fitness] standards that a law enforcement officer |
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appointed or employed by the agency must meet [to continue
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employment with the agency as a law enforcement officer]. The |
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standards as applied to an officer must directly relate to the |
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officer's functional job description and performance standards and |
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must include individual readiness goals relative to an officer's |
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age, weight, and gender [job duties]. A law enforcement agency |
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shall use the services of a consultant to aid the agency in |
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developing the standards. |
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(b) An agency may adopt physical readiness standards |
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independent of other law enforcement agencies. |
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(c) A [Except as provided by Subsection (c), a] violation of |
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a standard adopted under Subsection (a) is not just cause to |
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discharge an officer or to[:
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[(1)] transfer the [an] officer to a position that is |
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[not] compensated at a level less than the officer's current |
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position is compensated according to the [Schedule C of the
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position classification] salary schedule applicable to the |
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officer's current position. An officer who fails to meet a standard |
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adopted under Subsection (a) may be transferred to a position |
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classified at the same or a higher salary level [prescribed by the
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General Appropriations Act; or
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[(2)
for a law enforcement officer employed by the
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Parks and Wildlife Department and compensated according to Schedule
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B of the position classification salary schedule prescribed by the
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General Appropriations Act, transfer the officer to a position that
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does not require the employee to be a commissioned peace officer]. |
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(d) [(c)] A law enforcement agency may temporarily exempt a |
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law enforcement officer from a standard under Subsection (a) based |
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on the facts and circumstances of the individual case, including |
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whether an officer was injured in the line of duty. |
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SECTION 3. This Act takes effect September 1, 2009. |