By: Williams S.B. No. 965

(In the Senate - Filed February 28, 2013; March 12, 2013, read first time and referred to Committee on Criminal Justice; March 27, 2013, reported favorably by the following vote: Yeas 6, Nays 0; March 27, 2013, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the correction of employment termination reports for law enforcement officers.

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

SECTION 1. The heading to Section 1701.4525, Occupations Code, is amended to read as follows:

Sec. 1701.4525. PETITION FOR CORRECTION OF REPORT; HEARING[; ADMINISTRATIVE PENALTY].

SECTION 2. Subsection (e), Section 1701.4525, Occupations Code, is amended to read as follows:

(e) In a proceeding to contest information in an employment termination report for a report based on alleged misconduct, an administrative law judge shall determine if the alleged misconduct occurred by a preponderance of the evidence regardless of whether the person who is the subject of the report was terminated or the person resigned, retired, or separated in lieu of termination. If the alleged misconduct is not supported by a preponderance of the evidence, the administrative law judge shall order the commission to change the report [to be changed].

SECTION 3. Subsection (e-1), Section 1701.4525, Occupations Code, is repealed.

SECTION 4. The changes in law made by this Act to Section 1701.4525, Occupations Code, apply only to a petition for a correction of an employment termination report submitted on or after the effective date of this Act. A petition submitted before the effective date of this Act is governed by the law in effect on the date the petition was submitted, and the former law is continued in effect for that purpose.

SECTION 5. This Act takes effect September 1, 2013.

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