83R7929 NC-F

By: Thompson of Harris H.B. No. 1951

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of telecommunicators; providing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1701.151, Occupations Code, is amended to read as follows:

Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING AUTHORITY. The commission may:

(1) adopt rules for the administration of this chapter and for the commission's internal management and control;

(2) establish minimum standards relating to competence and reliability, including education, training, physical, mental, and moral standards, for licensing as an officer, county jailer, [or] public security officer, or [employment as a] telecommunicator;

(3) report to the governor and legislature on the commission's activities, with recommendations on matters under the commission's jurisdiction, and make other reports that the commission considers desirable;

(4) require a state agency or a county, special district, or municipality in this state that employs officers, telecommunicators, or county jailers to submit reports and information;

(5) contract as the commission considers necessary for services, facilities, studies, and reports required for:

(A) cooperation with municipal, county, special district, state, and federal law enforcement agencies in training programs; and

(B) performance of the commission's other functions; and

(6) conduct research and stimulate research by public and private agencies to improve law enforcement and police administration.

SECTION 2. Sections 1701.251(a) and (c), Occupations Code, are amended to read as follows:

(a) The commission shall establish and maintain training programs for officers, [and] county jailers, and telecommunicators. The training shall be conducted by the commission staff or by other agencies and institutions the commission considers appropriate.

(c) The commission may:

(1) issue or revoke the license of a school operated by or for this state or a political subdivision of this state specifically for training officers, county jailers, [or] recruits, or telecommunicators;

(2) operate schools and conduct preparatory, in-service, basic, and advanced courses in the schools, as the commission determines appropriate, for officers, county jailers, [and] recruits, and telecommunicators;

(3) issue a license to a person to act as a qualified instructor under conditions that the commission prescribes; and

(4) consult and cooperate with a municipality, county, special district, state agency or other governmental agency, or a university, college, junior college, or other institution, concerning the development of schools and training programs for officers, [and] county jailers, and telecommunicators.

SECTION 3. Section 1701.301, Occupations Code, is amended to read as follows:

Sec. 1701.301. LICENSE REQUIRED. Except as provided by Sections 1701.310, [and] 1701.311, and 1701.405, a person may not appoint or employ a person to serve as an officer, county jailer, [or] public security officer, or telecommunicator unless the person [appointed] holds an appropriate license issued by the commission.

SECTION 4. Section 1701.303(b), Occupations Code, is amended to read as follows:

(b) A person who appoints an officer or county jailer, or employs a telecommunicator, licensed by the commission shall notify the commission not later than the 30th day after the date of the appointment or employment. If the person appoints or employs an individual who previously served as an officer, [or] county jailer, or telecommunicator and the appointment or employment occurs after the 180th day after the last date of service as an officer, [or] county jailer, or telecommunicator, the person must have on file [for the officer or county jailer] in a form readily accessible to the commission:

(1) new criminal history record information;

(2) a new declaration of psychological and emotional health and lack of drug dependency or illegal drug use; and

(3) two completed fingerprint cards.

SECTION 5. Section 1701.307, Occupations Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:

(a) The commission shall issue an appropriate license to a person who, as required by this chapter:

(1) submits an application;

(2) completes the required training;

(3) passes the required examination;

(4) is declared to be in satisfactory psychological and emotional health and free from drug dependency or illegal drug use; and

(5) if the person is an applicant for an officer or county jailer license, demonstrates weapons proficiency.

(d) The commission may issue a temporary or permanent license to a person to act as a telecommunicator.

SECTION 6. Section 1701.352, Occupations Code, is amended by adding Subsection (i) to read as follows:

(i) A state agency, county, special district, or municipality that appoints or employs a telecommunicator shall provide training to the telecommunicator of not less than 40 hours during each 24-month period of employment. The training must be approved by the commission and consist of topics selected by the commission and the employing entity.

SECTION 7. Section 1701.401(c), Occupations Code, is amended to read as follows:

(c) The commission shall adopt rules for issuing achievement awards to peace officers, reserve peace officers, jailers, [or] custodial officers, or telecommunicators who are licensed by the commission. The commission's rules shall require recommendations from an elected official of this state or a political subdivision, an administrator of a law enforcement agency, or a person holding a license issued by the commission.

SECTION 8. Section 1701.405, Occupations Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b) This state or a political subdivision of this state may not employ a person to act as a telecommunicator unless the person:

(1) has had at least 40 hours of telecommunicator training as determined by the commission;

(2) is at least 18 years of age; [and]

(3) holds a high school diploma or high school equivalency certificate; and

(4) holds a license to act as a telecommunicator or agrees to obtain the license not later than the first anniversary of the date of employment.

(b-1) A person employed to act as a telecommunicator who has not obtained a license to act as a telecommunicator under this chapter may not continue to act as a telecommunicator after the first anniversary of the date of employment unless the person obtains the license.

SECTION 9. Section 1701.551(a), Occupations Code, is amended to read as follows:

(a) A person commits an offense if the person appoints or retains another person as an officer, [or] county jailer, or telecommunicator in violation of Section 1701.301, 1701.303, [or] 1701.306, or 1701.405.

SECTION 10. (a) Not later than December 31, 2013, the Commission on Law Enforcement Officer Standards and Education shall adopt rules, standards, and procedures necessary to implement Chapter 1701, Occupations Code, as amended by this Act.

(b) Notwithstanding Chapter 1701, Occupations Code, as amended by this Act, a person employed as a telecommunicator on or before January 1, 2014, is not required to hold a license under that chapter to act as a telecommunicator before January 1, 2015.

SECTION 11. This Act takes effect September 1, 2013.