By: Hegar  S.B. No. 1296
         (In the Senate - Filed March 3, 2009; March 17, 2009, read
  first time and referred to Committee on Criminal Justice;
  April 20, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; April 20, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1296 By:  Hegar
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the certification of a county jailer as a special
  officer for offenders with mental impairments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1701.404, Occupations Code, is amended
  to read as follows:
         Sec. 1701.404.  CERTIFICATION OF OFFICERS FOR MENTAL HEALTH
  ASSIGNMENTS.  (a)  The commission by rule may establish minimum
  requirements for the training, testing, and certification of
  special officers for offenders with mental impairments.
         (b)  The commission may certify a sheriff, sheriff's deputy,
  constable, [or] other peace officer, county jailer, or [a] justice
  of the peace[,] as a special officer for offenders with mental
  impairments if the person [officer]:
               (1)  completes a training course in emergency first aid
  and lifesaving techniques approved by the commission;
               (2)  completes a training course administered by the
  commission on mental health issues and offenders with mental
  impairments; and
               (3)  passes an examination administered by the
  commission that is designed to test the person's [officer's]:
                     (A)  knowledge and recognition of the
  characteristics and symptoms of mental illness, mental
  retardation, and mental disabilities; and
                     (B)  knowledge of mental health crisis
  intervention strategies for people with mental impairments.
         (c)  The commission may issue a professional achievement or
  proficiency certificate to an officer, county jailer, or justice of
  the peace who meets the requirements of Subsection (b).
         SECTION 2.  (a)  The Commission on Law Enforcement Officer
  Standards and Education may certify a county jailer as a special
  officer for offenders with mental impairments and may issue a
  certificate to the county jailer if the county jailer meets the
  requirements of Subsection (b), Section 1701.404, Occupations
  Code, as amended by this Act, regardless of whether the county
  jailer completed the required training and passed the examination
  before, on, or after the effective date of this Act.
         (b)  The Commission on Law Enforcement Officer Standards and
  Education may issue a certificate under Subsection (c), Section
  1701.404, Occupations Code, as amended by this Act, to a justice of
  the peace who is certified as a special officer for offenders with
  mental impairments regardless of whether the justice of the peace
  was certified before, on, or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2009.
 
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