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A BILL TO BE ENTITLED
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AN ACT
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relating to hearings conducted by the Texas Commission on Law |
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Enforcement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.1025 to read as follows: |
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Sec. 1701.1025. HEARINGS OFFICERS. The commission shall |
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employ one or more hearings officers to conduct hearings required |
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by this chapter. |
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SECTION 2. Sections 1701.4525(a), (e), and (g), 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 information contained in the report by submitting to the |
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law enforcement agency and to the commission a written petition on a |
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form prescribed by the commission for a correction of the report not |
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later than the 30th day after the date the person receives a copy of |
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the report. [On receipt of the petition, the commission shall refer
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the petition to the State Office of Administrative Hearings.] |
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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, the |
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commission [an administrative law judge] shall determine if the |
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alleged misconduct occurred by a preponderance of the evidence |
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regardless of whether the person who is the subject of the report |
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was terminated or the person resigned, retired, or separated in |
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lieu of termination. If the alleged misconduct is not supported by a |
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preponderance of the evidence, the commission [administrative law
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judge] shall [order the commission to] change the report. The |
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commission shall send the changed report to the law enforcement |
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agency that prepared the original employment termination report. |
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The law enforcement agency shall replace the original employment |
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termination report with the changed report. |
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(g) The commission is not considered a party in a proceeding |
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conducted [by the State Office of Administrative Hearings] under |
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this section. |
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SECTION 3. Section 1701.504, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.504. HEARING. (a) Except as provided by Sections |
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1701.502 and 1701.503, if the commission proposes to suspend or |
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revoke a person's license, the person is entitled to a hearing |
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conducted by the commission [State Office of Administrative
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Hearings]. |
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(b) If the commission proposes to refuse to renew a person's |
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license, the person is entitled to a hearing conducted by the |
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commission [State Office of Administrative Hearings]. |
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SECTION 4. Section 1701.505(b), Occupations Code, is |
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repealed. |
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SECTION 5. The change in law made by this Act applies only |
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to a proceeding under Chapter 1701, Occupations Code, that |
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commences on or after the effective date of this Act. A proceeding |
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that commences before the effective date of this Act is governed by |
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the law in effect on the date the proceeding commenced, 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, 2017. |