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AN ACT
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relating to the correction of employment termination reports for |
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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 CORRECTION OF REPORT; |
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HEARING[; ADMINISTRATIVE PENALTY]. |
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SECTION 2. Subsection (e), Section 1701.4525, Occupations |
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Code, is amended to read as follows: |
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(e) In a proceeding to contest information in an employment |
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termination report for a report based on alleged misconduct, an |
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administrative law judge shall determine if the alleged misconduct |
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occurred by a preponderance of the evidence regardless of whether |
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the person who is the subject of the report was terminated or the |
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person resigned, retired, or separated in lieu of termination. If |
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the alleged misconduct is not supported by a preponderance of the |
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evidence, the administrative law judge shall order the commission |
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to change the report [to be changed]. The commission shall send the |
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changed report to the law enforcement agency that prepared the |
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original employment termination report. The law enforcement agency |
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shall replace the original employment termination report with the |
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changed report. |
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SECTION 3. Subsection (e-1), Section 1701.4525, |
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Occupations Code, is 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 a |
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correction 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. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 965 passed the Senate on |
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April 4, 2013, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 8, 2013, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 965 passed the House, with |
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amendment, on May 2, 2013, by the following vote: Yeas 147, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |