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A BILL TO BE ENTITLED
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AN ACT
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relating to abolishing the Texas Commission on Fire Protection, the |
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Commission on Jail Standards, and the Commission on Law Enforcement |
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Officer Standards and Education and transferring certain of the |
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powers and duties of those agencies to the newly created Public |
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Safety Licensing Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. PUBLIC SAFETY LICENSING COMMISSION; |
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TEXAS COMMISSION ON FIRE PROTECTION, COMMISSION ON JAIL |
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STANDARDS, AND COMMISSION ON LAW ENFORCEMENT OFFICER |
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STANDARDS AND EDUCATION |
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SECTION 1.01. Subtitle B, Title 4, Government Code, is |
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amended by adding Chapter 422 to read as follows: |
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CHAPTER 422. PUBLIC SAFETY LICENSING COMMISSION |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 422.001. DEFINITION. In this chapter, "commission" |
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means the Public Safety Licensing Commission. |
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Sec. 422.002. COMMISSION; REFERENCE. (a) The Public |
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Safety Licensing Commission is an agency of the state. |
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(b) A reference in law to the Texas Commission on Fire |
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Protection, the Commission on Jail Standards, or the Commission on |
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Law Enforcement Officer Standards and Education means the Public |
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Safety Licensing Commission. |
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Sec. 422.003. APPLICATION OF SUNSET ACT. The Public Safety |
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Licensing Commission is subject to Chapter 325 (Texas Sunset Act). |
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Unless continued in existence as provided by that chapter, the |
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commission is abolished and this chapter expires September 1, 2023. |
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Sec. 422.004. GIFTS AND GRANTS. The commission may accept |
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grants or gifts from private individuals, foundations, or the |
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federal government. |
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Sec. 422.005. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE |
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RESOLUTION. (a) The commission shall develop and implement a |
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policy to encourage the use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008 for the adoption of commission rules; and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009 to assist in the resolution of |
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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. 422.006. 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 agencies |
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to submit to the commission electronically any form, data, or |
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document required to be submitted to the commission under this |
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chapter. |
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Sec. 422.007. 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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[Sections 422.008-422.050 reserved for expansion] |
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SUBCHAPTER B. COMMISSION |
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Sec. 422.051. COMPOSITION OF COMMISSION. (a) The |
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commission is composed of nine members of the public appointed by |
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the governor with the advice and consent of the senate. At least |
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one of the members must be a practitioner of medicine licensed by |
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the Texas Medical Board. |
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(b) The members of the commission are appointed for |
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staggered terms of six years with three members' terms expiring |
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February 1 of each odd-numbered year. |
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(c) Appointments to the commission shall be made without |
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regard to the race, color, handicap, sex, religion, age, or |
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national origin of the appointees. |
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(d) A person may not be a member of the commission if the |
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person or the person's spouse: |
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(1) is employed by or participates in the management |
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of a business entity or other organization regulated by or |
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receiving money from the commission; |
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(2) owns or controls, directly or indirectly, more |
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than a 10 percent interest in a business entity or other |
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organization regulated by or receiving money from the commission; |
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or |
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(3) uses or receives a substantial amount of tangible |
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goods, services, or money from the commission, other than |
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compensation or reimbursement authorized by law for commission |
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membership, attendance, or expenses. |
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(e) A person who is appointed to and qualifies for office as |
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a member of the commission may not vote, deliberate, or be counted |
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as a member in attendance at a meeting of the commission until the |
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person completes a training program that complies with Subsection |
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(f). |
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(f) The training program required by Subsection (e) must |
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provide information to the person regarding: |
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(1) this chapter; |
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(2) the programs, functions, rules, and budget of the |
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commission; |
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(3) the results of the most recent formal audit of the |
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commission; |
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(4) the requirements of laws relating to open |
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meetings, public information, administrative procedure, and |
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conflicts of interest; and |
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(5) any applicable ethics policies adopted by the |
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commission or the Texas Ethics Commission. |
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Sec. 422.0511. INITIAL APPOINTMENTS TO COMMISSION. (a) |
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The governor shall appoint to the initial commission: |
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(1) two public members of the Texas Commission on Fire |
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Protection, as that commission existed on August 31, 2011; |
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(2) two public members of the Commission on Jail |
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Standards, as that commission existed on August 31, 2011; |
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(3) two public members of the Commission on Law |
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Enforcement Officer Standards and Education, as that commission |
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existed on August 31, 2011; and |
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(4) three members representative of the general |
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public, one of whom must be a practitioner of medicine licensed by |
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the Texas Medical Board. |
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(b) In making the initial appointments to the commission, |
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the governor shall appoint three members to terms expiring February |
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1, 2013, three members to terms expiring February 1, 2015, and three |
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members to terms expiring February 1, 2017. |
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(c) This section expires September 1, 2012. |
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Sec. 422.052. CONFLICT OF INTEREST. (a) In this section, |
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"Texas trade association" means a cooperative and voluntarily |
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joined statewide association of business or professional |
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competitors in this state designed to assist its members and its |
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industry or profession in dealing with mutual business or |
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professional problems and in promoting their common interest. |
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(b) A person may not be a member of the commission and may |
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not be a commission employee employed in a "bona fide executive, |
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administrative, or professional capacity," as that phrase is used |
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for purposes of establishing an exemption to the overtime |
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provisions of the federal Fair Labor Standards Act of 1938 (29 |
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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 fire |
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protection, county corrections, or law enforcement; 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 fire |
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protection, county corrections, or law enforcement. |
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(c) A person may not be a member of the commission or act as |
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the general counsel to the commission if the person is required to |
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register as a lobbyist under Chapter 305 because of the person's |
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activities for compensation on behalf of a profession related to |
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the operation of the commission. |
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Sec. 422.053. REMOVAL OF COMMISSION MEMBERS. (a) It is a |
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ground for removal from the commission that a member: |
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(1) does not have at the time of taking office the |
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qualifications required by Section 422.051; |
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(2) does not maintain during service on the commission |
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the qualifications required by Section 422.051; |
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(3) is ineligible for membership under Section |
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422.052; |
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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 majority vote |
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of the commission. |
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(b) The validity of an action of the commission is not |
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affected by the fact that it is taken when a ground for removal of a |
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commission member exists. |
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(c) If the executive director has knowledge that a potential |
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ground for removal exists, the executive director shall notify the |
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presiding officer of the commission of the potential ground. The |
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presiding officer shall then notify the governor and the attorney |
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general that a potential ground for removal exists. If the |
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potential ground for removal involves the presiding officer, the |
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executive director shall notify the next highest ranking officer of |
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the commission, who shall then notify the governor and the attorney |
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general that a potential ground for removal exists. |
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Sec. 422.054. OFFICERS; MEETINGS; COMPENSATION. (a) The |
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governor shall designate a commission member to serve as the |
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commission's presiding officer. The presiding officer serves in |
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that capacity at the will of the governor. |
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(b) The commission shall meet at least quarterly. |
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(c) A member of the commission may not receive compensation |
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for service on the commission. A member is entitled to receive |
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reimbursement, subject to any applicable limit on reimbursement |
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provided by the General Appropriations Act, for actual and |
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necessary expenses incurred in performing services as a member of |
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the commission. |
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(d) The commission shall develop and implement policies |
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that provide the public with a reasonable opportunity to appear |
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before the commission and to speak on any issue under the |
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jurisdiction of the commission. |
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[Sections 422.055-422.100 reserved for expansion] |
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SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER PERSONNEL |
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Sec. 422.101. EXECUTIVE DIRECTOR; STAFF. (a) The |
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commission shall employ an executive director who may employ other |
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personnel necessary for the performance of commission functions. |
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(b) The commission shall provide to its members and |
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employees, as often as necessary, information regarding their |
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qualifications for office or employment under this chapter and |
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their responsibilities under applicable laws relating to standards |
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of conduct for state officers or employees. |
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(c) The commission shall develop and implement policies |
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that clearly separate the policymaking responsibilities of the |
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commission and the management responsibilities of the executive |
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director and the staff of the commission. |
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(d) The executive director or the executive director's |
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designee shall develop an intra-agency career ladder program that |
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addresses opportunities for mobility and advancement for employees |
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within the commission. The program shall require intra-agency |
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postings of all positions concurrently with any public posting. |
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(e) The executive director or the executive director's |
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designee shall develop a system of annual performance evaluations |
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that are based on documented employee performance. All merit pay |
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for commission employees must be based on the system established |
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under this subsection. |
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(f) The executive director or the executive director's |
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designee shall prepare and maintain a written policy statement to |
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assure implementation of a program of equal employment opportunity |
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under which all personnel transactions are made without regard to |
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race, color, disability, sex, religion, age, or national origin. |
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The policy statement must include: |
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(1) personnel policies, including policies relating |
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to recruitment, evaluation, selection, appointment, training, and |
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promotion of personnel that are in compliance with the requirements |
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of Chapter 21, Labor Code; |
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(2) a comprehensive analysis of the commission |
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workforce that meets federal and state laws, rules, or regulations |
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and instructions directly adopted under those laws, rules, or |
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regulations; |
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(3) procedures by which a determination can be made |
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about the extent of underuse in the commission workforce of all |
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persons for whom federal or state laws, rules, or regulations and |
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instructions directly adopted under those laws, rules, or |
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regulations encourage a more equitable balance; and |
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(4) reasonable methods to appropriately address those |
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areas of underuse. |
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(g) A policy statement prepared under Subsection (f) must |
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cover an annual period, be updated annually and reviewed by the |
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Texas Workforce Commission civil rights division for compliance |
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with Subsection (f)(1), and be filed with the governor's office. |
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(h) The governor's office shall deliver a biennial report to |
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the legislature based on the information received under Subsection |
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(g). The report may be made separately or as a part of other |
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biennial reports made to the legislature. |
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Sec. 422.102. GENERAL COUNSEL. The commission may employ |
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not more than one attorney. The attorney shall serve as general |
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counsel of the commission. |
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[Sections 422.103-422.150 reserved for expansion] |
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SUBCHAPTER D. POWERS AND DUTIES OF COMMISSION |
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Sec. 422.151. POWERS AND DUTIES. The commission has the |
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powers and duties provided by the general law of this state, |
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including those described by Chapters 419 and 511 of this code and |
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Chapter 1701, Occupations Code. |
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[Sections 422.152-422.200 reserved for expansion] |
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SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND |
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COMPLAINT PROCEDURES |
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Sec. 422.201. PUBLIC INTEREST INFORMATION. (a) The |
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commission shall prepare information of public interest describing |
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the regulatory functions of the commission and the procedures by |
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which public complaints are filed with and resolved by the |
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commission. |
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(b) The commission shall make the information available to |
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the public and appropriate state agencies. |
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Sec. 422.202. COMPLAINTS. (a) The commission by rule shall |
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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. |
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Sec. 422.203. 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 information about parties to the |
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complaint, the subject matter of the complaint, a summary of the |
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results of the review or investigation of the complaint, and its |
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disposition. |
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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 shall periodically notify the parties to |
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the complaint of the status of the complaint until final |
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disposition. |
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Sec. 422.2035. 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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Sec. 422.204. PUBLIC PARTICIPATION. (a) The commission |
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shall develop and implement policies that provide the public with a |
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reasonable opportunity to appear before the commission and to speak |
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on any issue under the commission's jurisdiction. |
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(b) The commission shall prepare and maintain a written plan |
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that describes how a person who does not speak English may be |
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provided reasonable access to the commission's programs and |
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services. |
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SECTION 1.02. Section 419.001(1), Government Code, is |
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amended to read as follows: |
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(1) "Commission" means the Public Safety Licensing |
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Commission [Texas Commission on Fire Protection]. |
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SECTION 1.03. Section 511.001(1), Government Code, is |
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amended to read as follows: |
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(1) "Commission" means the Public Safety Licensing |
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Commission [Commission on Jail Standards]. |
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SECTION 1.04. Section 511.009(a), Government Code, as |
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amended by Chapters 977 (H.B. 3654) and 1215 (S.B. 1009), Acts of |
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the 81st Legislature, Regular Session, 2009, is reenacted and |
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amended to read as follows: |
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(a) The commission shall: |
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(1) adopt reasonable rules and procedures |
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establishing minimum standards for the construction, equipment, |
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maintenance, and operation of county jails; |
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(2) adopt reasonable rules and procedures |
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establishing minimum standards for the custody, care, and treatment |
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of prisoners; |
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(3) adopt reasonable rules establishing minimum |
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standards for the number of jail supervisory personnel and for |
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programs and services to meet the needs of prisoners; |
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(4) adopt reasonable rules and procedures |
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establishing minimum requirements for programs of rehabilitation, |
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education, and recreation in county jails; |
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(5) revise, amend, or change rules and procedures if |
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necessary; |
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(6) [provide to local government officials
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consultation on and technical assistance for county jails;
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[(7)
review and comment on plans for the construction
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and major modification or renovation of county jails;
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[(8)] require that the sheriff and commissioners of |
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each county submit to the commission, on a form prescribed by the |
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commission, an annual report on the conditions in each county jail |
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within their jurisdiction, including all information necessary to |
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determine compliance with state law, commission orders, and the |
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rules adopted under this chapter; |
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(7) [(9)] review the reports submitted under |
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Subdivision (6) [(8)] and require commission employees to inspect |
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county jails regularly to ensure compliance with state law, |
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commission orders, and rules and procedures adopted under this |
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chapter; |
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(8) [(10)] adopt a classification system to assist |
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sheriffs and judges in determining which defendants are low-risk |
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and consequently suitable participants in a county jail work |
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release program under Article 42.034, Code of Criminal Procedure; |
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(9) [(11)] adopt rules relating to requirements for |
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segregation of classes of inmates and to capacities for county |
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jails; |
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(10) [(12)] require that the chief jailer of each |
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municipal lockup submit to the commission, on a form prescribed by |
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the commission, an annual report of persons under 17 years of age |
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securely detained in the lockup, including all information |
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necessary to determine compliance with state law concerning secure |
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confinement of children in municipal lockups; |
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(11) [(13)] at least annually determine whether each |
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county jail is in compliance with the rules and procedures adopted |
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under this chapter; |
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(12) [(14)] require that the sheriff and |
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commissioners court of each county submit to the commission, on a |
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form prescribed by the commission, an annual report of persons |
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under 17 years of age securely detained in the county jail, |
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including all information necessary to determine compliance with |
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state law concerning secure confinement of children in county |
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jails; |
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(13) [(15)] schedule announced and unannounced |
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inspections of jails under the commission's jurisdiction using the |
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risk assessment plan established under Section 511.0085 to guide |
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the inspections process; |
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(14) [(16)] adopt a policy for gathering and |
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distributing to jails under the commission's jurisdiction |
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information regarding: |
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(A) common issues concerning jail |
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administration; |
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(B) examples of successful strategies for |
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maintaining compliance with state law and the rules, standards, and |
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procedures of the commission; and |
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(C) solutions to operational challenges for |
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jails; |
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(15) [(17)] report to the Texas Correctional Office on |
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Offenders with Medical or Mental Impairments on a jail's compliance |
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with Article 16.22, Code of Criminal Procedure; |
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(16) [(18)] adopt reasonable rules and procedures |
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establishing minimum requirements for jails to: |
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(A) determine if a prisoner is pregnant; and |
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(B) ensure that the jail's health services plan |
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addresses medical and mental health care, including nutritional |
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requirements, and any special housing or work assignment needs for |
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persons who are confined in the jail and are known or determined to |
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be pregnant; and |
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(17) [(19)] provide guidelines to sheriffs regarding |
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contracts between a sheriff and another entity for the provision of |
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food services to or the operation of a commissary in a jail under |
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the commission's jurisdiction, including specific provisions |
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regarding conflicts of interest and avoiding the appearance of |
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impropriety. |
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SECTION 1.05. Section 1701.001(1), Occupations Code, is |
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amended to read as follows: |
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(1) "Commission" means the Public Safety Licensing |
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Commission [Commission on Law Enforcement Officer Standards and
|
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Education]. |
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ARTICLE 2. REPEALER |
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SECTION 2.01. The following provisions of the Government |
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Code are repealed: |
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(1) Sections 419.002, 419.003, 419.004, 419.005, |
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419.006, 419.007, 419.0071, 419.0083, 419.009, 419.0091, 419.011, |
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and 419.012; and |
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(2) Sections 511.002, 511.003, 511.004, 511.0041, |
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511.0042, 511.005, 511.006, 511.0061, 511.007, 511.0071, 511.008, |
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and 511.018. |
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SECTION 2.02. The following provisions of the Occupations |
|
Code are repealed: |
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(1) Sections 1701.002, 1701.051, 1701.052, 1701.053, |
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1701.054, 1701.055, 1701.056, 1701.057, 1701.058, 1701.059, |
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1701.1521, 1701.1522, 1701.1523, and 1701.155; and |
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(2) Subchapters C and E, Chapter 1701. |
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ARTICLE 3. TRANSITION AND EFFECTIVE DATE |
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SECTION 3.01. (a) Effective January 1, 2012, the Texas |
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Commission on Fire Protection, the Commission on Jail Standards, |
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and the Commission on Law Enforcement Officer Standards and |
|
Education are abolished and all powers, duties, obligations, |
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rights, contracts, bonds, appropriations, records, and property of |
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those agencies are transferred to the Public Safety Licensing |
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Commission. |
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(b) Effective January 1, 2012, a rule, policy, procedure, or |
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decision of the Texas Commission on Fire Protection, the Commission |
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on Jail Standards, or the Commission on Law Enforcement Officer |
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Standards and Education continues in effect as a rule, policy, |
|
procedure, or decision of the Public Safety Licensing Commission |
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until superseded by an act of the Public Safety Licensing |
|
Commission. |
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(c) Effective January 1, 2012, a reference in another law to |
|
the Texas Commission on Fire Protection, the Commission on Jail |
|
Standards, or the Commission on Law Enforcement Officer Standards |
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and Education means the Public Safety Licensing Commission. |
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SECTION 3.02. (a) Not later than October 1, 2011, the |
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governor shall appoint the initial members of the Public Safety |
|
Licensing Commission. |
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(b) Not later than October 1, 2011, the Texas Commission on |
|
Fire Protection, the Commission on Jail Standards, and the |
|
Commission on Law Enforcement Officer Standards and Education |
|
shall: |
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(1) adopt a comprehensive plan to ensure the efficient |
|
transition of all programs operated by the Texas Commission on Fire |
|
Protection, the Commission on Jail Standards, and the Commission on |
|
Law Enforcement Officer Standards and Education to the Public |
|
Safety Licensing Commission; and |
|
(2) enter into a memorandum of understanding that |
|
identifies the essential personnel of the Texas Commission on Fire |
|
Protection, the Commission on Jail Standards, and the Commission on |
|
Law Enforcement Officer Standards and Education. |
|
(c) Not later than November 1, 2011, the members of the |
|
Texas Commission on Fire Protection, the Commission on Jail |
|
Standards, and the Commission on Law Enforcement Officer Standards |
|
and Education shall meet with the members of the Public Safety |
|
Licensing Commission to provide for the transfer of necessary |
|
employees to the Public Safety Licensing Commission. |
|
(d) This section takes effect September 1, 2011. |
|
SECTION 3.03. To the extent of any conflict, this Act |
|
prevails over another Act of the 82nd Legislature, Regular Session, |
|
2011, relating to nonsubstantive additions to and corrections in |
|
enacted codes. |
|
SECTION 3.04. Except as otherwise provided by this Act, |
|
this Act takes effect January 1, 2012. |