By: Rose H.B. No. 1855

A BILL TO BE ENTITLED

AN ACT

r elating to training, continuing education, and weapons proficiency standards for correctional officers employed by the Texas Department of Criminal Justice.

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

SECTION 1. Chapter 493, Government Code, is amended by adding Sections 493.032, 493.033, and 493.034 to read as follows:

Sec. 493.032. REQUIRED TRAINING FOR CORRECTIONAL OFFICERS. (a) The department shall require each correctional officer employed by the department to complete, during the correctional officer's first 24 months of service, not less than 280 hours of training, including:

(1) 140 hours of on-the-job training; and

(2) mental health crisis intervention training.

(b) The department by rule shall provide temporary exceptions to the requirements of this section for a correctional officer who cannot complete training within the 24-month period required by Subsection (a) due to:

(1) a medical emergency involving the officer or a member of the officer's family;

(2) the officer's active military service for a period less than the period described by Subsection (d); or

(3) the officer's unit or facility being unable to provide training in a timely manner due to severe weather or a catastrophic event.

(c) An exception created by the department under Subsection (b) must ensure compliance with the training requirements of this section as soon as practicable after the 24-month period required by Subsection (a).

(d) A correctional officer is not required to complete training within the 24-month period required by Subsection (a) if during that period the correctional officer serves on active duty as a member of the United States military for at least 12 months, provided that the correctional officer:

(1) may not be awarded credit for training not completed during that period; and

(2) completes the required training as soon as practicable after the 24-month period required by Subsection (a).

(e) Subsection (d) does not affect any requirement to demonstrate continuing weapons proficiency under Section 493.034.

(f) The department shall indicate in the correctional officer's personnel file that the officer has completed the training required by this section.

(g) A correctional officer is not required to complete training under this section if the officer's personnel file indicates that the officer has completed the training required by this section during a previous period of employment as a correctional officer.

(h) The department may suspend or otherwise discipline a correctional officer who fails to comply with the requirements of this section.

Sec. 493.033. CONTINUING EDUCATION REQUIRED FOR CORRECTIONAL OFFICERS. (a) The department shall require each correctional officer employed by the department to complete at least 80 hours of continuing education programs once every 24 months. The department may suspend or otherwise discipline a correctional officer who fails to comply with this requirement.

(b) As part of the continuing education requirement under Subsection (a), a correctional officer must complete a training and education program that covers 40 hours of core requirements designated by the department.

(c) The department shall develop specialized training for correctional officers that may be credited toward continuing education requirements.

(d) The department by rule shall provide temporary exceptions to the continuing education requirements of this section for a correctional officer who cannot meet the continuing education requirements of this section due to:

(1) a medical emergency involving the officer or a member of the officer's family;

(2) the officer's active military service for a period less than the period described by Subsection (f); or

(3) the officer's unit or facility being unable to provide training in a timely manner due to severe weather or a catastrophic event.

(e) An exception created by the department under Subsection (d) must ensure compliance with the continuing education requirements of this section as soon as practicable after the period required by this section.

(f) The department shall credit a correctional officer with meeting the continuing education requirements of this section if during the relevant 24-month period the correctional officer serves on active duty as a member of the United States military for at least 12 months. Credit for continuing education under this subsection does not affect any requirement to demonstrate continuing weapons proficiency under Section 493.034.

(g) The department shall credit toward the continuing education requirements of this section training approved by the Texas Commission on Law Enforcement.

(h) A correctional officer is not required to complete continuing education under this section during the period in which the officer is completing training under Section 493.032.

Sec. 493.034. CONTINUING DEMONSTRATION OF WEAPONS PROFICIENCY. (a) The department shall designate one or more firearms proficiency officers and require each correctional officer employed by the department to demonstrate weapons proficiency to a firearms proficiency officer at least annually. The department shall maintain records of the weapons proficiency of correctional officers.

(b) On request, the department may waive the requirement that a correctional officer demonstrate weapons proficiency on a determination by the department that the requirement causes a hardship.

(c) The department by rule shall define weapons proficiency for purposes of this section.

SECTION 2. Not later than January 1, 2016, the Texas Department of Criminal Justice shall adopt rules as required by Sections 493.032, 493.033, and 493.034, Government Code, as added by this Act.

SECTION 3. (a) Section 493.032, Government Code, as added by this Act, applies only to a correctional officer hired by the Texas Department of Criminal Justice on or after the effective date of this Act. A correctional officer hired before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.

(b) Sections 493.033 and 493.034, Government Code, as added by this Act, apply to a correctional officer employed by the Texas Department of Criminal Justice on or after the effective date of this Act, regardless of whether the officer is hired before, on, or after that date.

SECTION 4. This Act takes effect September 1, 2015.