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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures to modify employment termination reports |
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for law enforcement officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 1701.4525, Occupations |
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Code, is amended to read as follows: |
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Sec. 1701.4525. PETITION FOR MODIFICATION [CORRECTION] OF |
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REPORT; HEARING[; ADMINISTRATIVE PENALTY]. |
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SECTION 2. Sections 1701.4525(a), (d), and (e), Occupations |
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Code, are amended to read as follows: |
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(a) A person who is the subject of an employment termination |
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report maintained by the commission under this subchapter may |
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contest the category of discharge stated [information contained] in |
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the report by submitting to the law enforcement agency and to the |
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commission a written petition on a form prescribed by the |
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commission for a modification [correction] of the report not later |
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than the 30th day after the date the person receives a copy of the |
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report. On receipt of the petition, the commission shall refer the |
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petition to the State Office of Administrative Hearings. |
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(d) A proceeding to contest the category of discharge stated |
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[information] in an employment termination report is a contested |
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case under Chapter 2001, Government Code. |
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(e) In a proceeding to contest the category of discharge |
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stated [information] in an employment termination report for a |
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report based on alleged misconduct, an administrative law judge |
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shall determine if the alleged misconduct occurred by a |
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preponderance of the evidence regardless of whether the person who |
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is the subject of the report was terminated or the person resigned, |
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retired, or separated in lieu of termination. If the alleged |
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misconduct is not supported by a preponderance of the evidence, the |
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administrative law judge shall issue a final order directing the |
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commission, through the executive director, to prepare and sign a |
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modified report in accordance with the final order. The commission |
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shall replace the contested report with the modified report in the |
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records maintained by the commission under this subchapter [order
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the report to be changed]. |
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SECTION 3. Section 1701.4525(e-1), Occupations Code, is |
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repealed. |
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SECTION 4. The changes in law made by this Act to Section |
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1701.4525, Occupations Code, apply only to a petition for the |
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modification of an employment termination report submitted on or |
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after the effective date of this Act. A petition submitted before |
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the effective date of this Act is governed by the law in effect on |
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the date the petition was submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 5. The repeal by this Act of Section |
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1701.4525(e-1), Occupations Code, does not affect the validity of a |
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proceeding initiated or an administrative penalty imposed under |
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that section before the effective date of this Act. A proceeding |
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initiated or an administrative penalty imposed under that section |
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before the effective date of this Act is governed by the law in |
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effect immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2013. |