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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of law enforcement officers by the |
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Commission on Law Enforcement Officer Standards and Education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.055(c), Occupations Code, is |
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amended to read as follows: |
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(c) Five members[, excluding ex officio members,] |
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constitute a quorum. |
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SECTION 2. Sections 1701.306(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) The commission may not issue a license to a person [as an
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officer or county jailer] unless the person is examined by: |
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(1) a licensed psychologist or by a psychiatrist who |
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declares in writing that the person is in satisfactory |
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psychological and emotional health to serve as the type of officer |
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for which a license is sought; and |
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(2) a licensed physician who declares in writing that |
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the person does not show any trace of drug dependency or illegal |
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drug use after a [physical examination,] blood test[,] or other |
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medical test. |
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(b) An agency hiring a person for whom a license [as an
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officer or county jailer] is sought shall select the examining |
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physician and the examining psychologist or psychiatrist. The |
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agency shall prepare a report of each declaration required by |
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Subsection (a) and shall maintain a copy of the report on file in a |
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format readily accessible to the commission. A declaration is not |
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public information. |
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SECTION 3. Section 1701.310(e), Occupations Code, is |
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amended to read as follows: |
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(e) A person trained and certified by the Texas Department |
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of Criminal Justice to serve as a corrections officer in that |
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agency's correctional institutions division is not required to |
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complete the training requirements of this section to be appointed |
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a part-time county jailer. Examinations under Section 1701.304 and |
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psychological [and physical] examinations under Section 1701.306 |
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apply. |
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SECTION 4. Subchapter H, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.3515 to read as follows: |
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Sec. 1701.3515. CONTINUING EDUCATION REQUIRED FOR COUNTY |
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JAILERS. Each county jailer shall complete a program described by |
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Section 1701.352(b) at least once every 48 months. The commission |
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may suspend the license of a county jailer who fails to comply with |
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this requirement. |
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SECTION 5. Section 1701.352(b), Occupations Code, is |
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amended to read as 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 |
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officers or county jailers to provide each peace officer or county |
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jailer with a training program at least once every 48 months that is |
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approved by the commission and 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 |
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certificate or a county jailer, not more than 20 hours of education |
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and training that contain curricula incorporating the learning |
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objectives developed by the commission regarding: |
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(A) civil rights, racial sensitivity, and |
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cultural diversity; |
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(B) de-escalation and crisis intervention |
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techniques to facilitate interaction with persons with mental |
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impairments; and |
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(C) unless determined by the agency head to be |
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inconsistent with the officer's or jailer's assigned duties: |
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(i) the recognition and documentation of |
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cases that involve child abuse or neglect, family violence, and |
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sexual assault; and |
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(ii) issues concerning sex offender |
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characteristics. |
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SECTION 6. Section 1701.353, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.353. CONTINUING EDUCATION PROCEDURES. (a) The |
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commission by rule shall adopt procedures to: |
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(1) ensure the timely and accurate reporting by |
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agencies and persons licensed under this chapter [peace officers] |
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of information related to training programs offered under this |
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subchapter, including procedures for creating training records for |
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license holders [individual peace officers]; and |
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(2) provide adequate notice to agencies and license |
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holders [peace officers] of impending noncompliance with the |
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training requirements of this subchapter so that the agencies and |
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license holders [peace officers] may comply within the 24-month |
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period or 48-month period, as appropriate. |
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(b) The commission shall require agencies to report to the |
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commission in a timely manner the reasons that a license holder |
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[peace officer] is in noncompliance after the agency receives |
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notice by the commission of the license holder's [peace officer's] |
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noncompliance. The commission shall, following receipt of an |
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agency's report or on a determination that the agency has failed to |
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report in a timely manner, notify the license holder [peace
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officer] by certified mail of the reasons the license holder [peace
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officer] is in noncompliance and that the commission at the request |
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of the license holder [peace officer] will hold a hearing as |
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provided by this subsection if the license holder [peace officer] |
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fails to obtain the required training within 60 days after the date |
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the license holder [peace officer] receives notice under this |
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subsection. The commission shall conduct a hearing consistent with |
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Section 1701.504 if the license holder [peace officer] claims that: |
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(1) mitigating circumstances exist; or |
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(2) the license holder [peace officer] failed to |
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complete the required training because the license holder's [peace
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officer's] employing agency did not provide an adequate opportunity |
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for the license holder [peace officer] to attend the required |
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training course. |
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SECTION 7. Subchapter H, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.358 to read as follows: |
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Sec. 1701.358. INITIAL TRAINING AND CONTINUING EDUCATION |
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FOR POLICE CHIEFS. A police chief shall complete the initial |
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training and continuing education required under Section 96.641, |
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Education Code. |
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SECTION 8. Section 1701.055(d), Occupations Code, is |
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repealed. |
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SECTION 9. The changes in law made by this Act to Section |
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1701.306, Occupations Code, apply to a license for which an |
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application is filed on or after the effective date of this Act. A |
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license application filed before the effective date of this Act is |
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governed by the law in effect on the date the application was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2011. |