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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain telecommunicators; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.001, Occupations Code, is amended |
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by adding Subdivision (7) to read as follows: |
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(7) "Telecommunicator" means a person acknowledged by |
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the commission and employed by or serving a law enforcement agency |
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that performs law enforcement services on a 24-hour basis who |
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receives, processes, and transmits public safety information and |
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criminal justice data for the agency by using a base radio station |
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on a public safety frequency regulated by the Federal |
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Communications Commission or by another method of communication. |
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SECTION 2. Section 1701.003(c), Occupations Code, is |
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amended to read as follows: |
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(c) This chapter does not prevent an employing agency from |
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establishing qualifications and standards for hiring or training |
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officers, [and] county jailers, or telecommunicators that exceed |
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the commission's minimum standards. |
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SECTION 3. Section 1701.151, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING |
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AUTHORITY. The commission may: |
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(1) adopt rules for the administration of this chapter |
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and for the commission's internal management and control; |
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(2) establish minimum standards relating to |
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competence and reliability, including education, training, |
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physical, mental, and moral standards, for licensing as an officer, |
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county jailer, or public security officer or employment as a |
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telecommunicator; |
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(3) report to the governor and legislature on the |
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commission's activities, with recommendations on matters under the |
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commission's jurisdiction, and make other reports that the |
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commission considers desirable; |
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(4) require a state agency or a county, special |
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district, or municipality in this state that employs officers, |
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telecommunicators, or county jailers to submit reports and |
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information; |
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(5) contract as the commission considers necessary for |
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services, facilities, studies, and reports required for: |
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(A) cooperation with municipal, county, special |
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district, state, and federal law enforcement agencies in training |
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programs; and |
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(B) performance of the commission's other |
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functions; and |
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(6) conduct research and stimulate research by public |
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and private agencies to improve law enforcement and police |
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administration. |
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SECTION 4. Section 1701.153(a), Occupations Code, is |
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amended to read as follows: |
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(a) The commission shall establish reporting standards and |
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procedures for: |
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(1) the appointment or employment and the termination |
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of officers, [and] county jailers, and telecommunicators by law |
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enforcement agencies; |
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(2) the activities of licensed training schools; and |
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(3) other matters the commission considers necessary |
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for the administration of this chapter. |
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SECTION 5. Sections 1701.254(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) The commission may visit and inspect a school conducting |
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a training course for officers, county jailers, telecommunicators, |
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or recruits and make necessary evaluations to determine if the |
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school complies with this chapter and commission rules. |
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(b) The commission shall develop a risk assessment method to |
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determine the relative performance of schools conducting training |
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courses for officers, county jailers, telecommunicators, or |
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recruits. The commission shall base its schedule for inspection of |
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schools on the results of the risk assessment. |
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SECTION 6. Section 1701.312(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person who has been convicted of a felony is |
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disqualified to be an officer, public security officer, |
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telecommunicator, or county jailer, and the commission may not |
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issue a license to, and a law enforcement agency may not appoint or |
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employ, the person. |
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SECTION 7. Section 1701.313(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person who has been convicted of barratry under |
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Section 38.12, Penal Code, is disqualified to be an officer, |
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telecommunicator, or county jailer, and the commission may not |
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issue a license to the person. |
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SECTION 8. Section 1701.352, Occupations Code, is amended |
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by adding Subsection (h) to read as follows: |
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(h) The commission shall require a state, county, special |
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district, or municipal agency that employs telecommunicators to |
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provide each telecommunicator with 24 hours of crisis |
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communications instruction approved by the commission. The |
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instruction must be provided on or before the first anniversary of |
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the telecommunicator's first day of employment. |
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SECTION 9. Section 1701.402(b), Occupations Code, is |
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amended to read as follows: |
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(b) As a requirement for a basic proficiency certificate, |
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the commission shall require completion of local courses or |
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programs of instruction on federal and state statutes that relate |
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to employment issues affecting peace officers, telecommunicators, |
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and county jailers, including: |
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(1) civil service; |
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(2) compensation, including overtime compensation, |
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and vacation time; |
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(3) personnel files and other employee records; |
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(4) management-employee relations in law enforcement |
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organizations; |
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(5) work-related injuries; |
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(6) complaints and investigations of employee |
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misconduct; and |
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(7) disciplinary actions and the appeal of |
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disciplinary actions. |
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SECTION 10. Section 1701.405(b), Occupations Code, is |
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amended to read as follows: |
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(b) This state or a political subdivision of this state may |
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not [appoint or] employ a person to act as a telecommunicator unless |
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the person: |
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(1) has had at least 40 hours of telecommunicator |
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training as determined by the commission; |
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(2) is at least 18 years of age; and |
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(3) holds a high school diploma or high school |
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equivalency certificate. |
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SECTION 11. Section 1701.553(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person appoints, |
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employs, or retains an individual as an officer, public security |
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officer, telecommunicator, or county jailer in violation of Section |
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1701.312 or 1701.313. |
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SECTION 12. Sections 1701.405(a)(1) and (3) and |
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1701.405(e), Occupations Code, are repealed. |
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SECTION 13. (a) Not later than December 1, 2011, the Texas |
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Commission on Law Enforcement Officer Standards and Education shall |
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adopt rules as necessary to implement the changes in law made by |
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this Act to Chapter 1701, Occupations Code. |
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(b) The changes in law made by this Act to Sections |
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1701.312, 1701.313, and 1701.405(b), Occupations Code, apply only |
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to a person first employed as a telecommunicator on or after |
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September 1, 2011. A person first employed as a telecommunicator |
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before September 1, 2011, is subject to the law in effect at the |
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time the employment commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 14. This Act takes effect September 1, 2011. |