| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to an employment termination report submitted by a law |
|
|
enforcement agency. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1701.452, Occupations Code, is amended |
|
|
by amending Subsection (b) and adding Subsection (h) to read as |
|
|
follows: |
|
|
(b) The head of a law enforcement agency or the head's |
|
|
designee shall include in the report required under Subsection (a) |
|
|
a statement on whether the license holder was honorably discharged, |
|
|
generally discharged, or dishonorably discharged and [, as required
|
|
|
by the commission,] an explanation of the circumstances under which |
|
|
the person resigned, retired, separated, or was terminated, |
|
|
including, if applicable, a description of any violation of a rule |
|
|
or policy committed by the license holder and a copy of the rule or |
|
|
policy. For purposes of this subsection: |
|
|
(1) "Honorably discharged" means a license holder who, |
|
|
while in good standing and not because of pending or final |
|
|
disciplinary actions or a documented performance problem, retired, |
|
|
resigned, or separated from employment with or died while employed |
|
|
by a law enforcement agency. |
|
|
(2) "Generally discharged" means a license holder who: |
|
|
(A) was terminated by, retired or resigned from, |
|
|
or died while in the employ of a law enforcement agency and the |
|
|
separation was related to a disciplinary investigation of conduct |
|
|
that is not included in the definition of dishonorably discharged; |
|
|
or |
|
|
(B) was terminated by or retired or resigned from |
|
|
a law enforcement agency and the separation was for a documented |
|
|
performance problem and was not because of a reduction in workforce |
|
|
or an at-will employment decision. |
|
|
(3) "Dishonorably discharged" means a license holder |
|
|
who: |
|
|
(A) was terminated by a law enforcement agency or |
|
|
retired or resigned in lieu of termination by the agency in relation |
|
|
to allegations of criminal misconduct; or |
|
|
(B) was terminated by a law enforcement agency or |
|
|
retired or resigned in lieu of termination by the agency for |
|
|
insubordination or untruthfulness. |
|
|
(h) At any time after the head of a law enforcement agency or |
|
|
the head's designee submits an employment termination report under |
|
|
this section regarding a license holder, the head or the designee |
|
|
may submit an amended report to the commission, on a form prescribed |
|
|
by the commission, if the head or designee determines amending the |
|
|
initial report is necessary based on a reconsideration of the |
|
|
circumstances under which the license holder resigned, retired, was |
|
|
terminated, or separated from the agency. Not later than the |
|
|
seventh business day after the date the amended report is submitted |
|
|
to the commission, the head of the law enforcement agency or the |
|
|
head's designee shall provide a copy of the amended report to the |
|
|
person to whom the initial report was provided as required by |
|
|
Subsection (d) or (e). |
|
|
SECTION 2. Section 1701.452(b), Occupations Code, as |
|
|
amended by this Act, applies only to a report required to be |
|
|
submitted under Section 1701.452(a), Occupations Code, regarding a |
|
|
resignation, retirement, termination, or separation of a license |
|
|
holder that occurs on or after the effective date of this Act. A |
|
|
resignation, retirement, termination, or separation that occurs |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect on the date of the resignation, retirement, termination, or |
|
|
separation, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |