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A BILL TO BE ENTITLED
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AN ACT
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relating to certain persons licensed 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. Section 1701.452(b), Occupations Code, is |
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amended to read as follows: |
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(b) The head of a law enforcement agency or the head's |
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designee shall include in the report required under Subsection (a) |
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a statement on whether the license holder was honorably discharged, |
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generally discharged, or dishonorably discharged and, as required |
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by the commission, an explanation of the circumstances under which |
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the person resigned, retired, or was terminated. If the license |
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holder resigned or retired, the explanation must include |
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information regarding any pending investigation known to internal |
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affairs, supervisors, or management that was not completed due to |
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the officer's resignation or retirement. For purposes of this |
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subsection: |
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(1) "Honorably discharged" means a license holder who, |
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while in good standing and not because of pending or final |
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disciplinary actions or a documented performance problem, retired, |
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resigned, or separated from employment with or died while employed |
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by a law enforcement agency. |
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(2) "Generally discharged" means a license holder who: |
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(A) was terminated by, retired or resigned from, |
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or died while in the employ of a law enforcement agency and the |
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separation was related to a disciplinary investigation of conduct |
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that is not included in the definition of dishonorably discharged; |
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or |
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(B) was terminated by or retired or resigned from |
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a law enforcement agency and the separation was for a documented |
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performance problem and was not because of a reduction in workforce |
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or an at-will employment decision. |
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(3) "Dishonorably discharged" means a license holder |
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who: |
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(A) was terminated by a law enforcement agency or |
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retired or resigned in lieu of termination by the agency in relation |
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to: |
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(i) allegations of criminal misconduct; or |
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(ii) conduct described by Section |
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1701.5015(b); or |
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(B) was terminated by a law enforcement agency or |
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retired or resigned in lieu of termination by the agency for |
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insubordination or untruthfulness. |
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SECTION 2. Section 1701.4521(a), Occupations Code, is |
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amended to read as follows: |
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(a) The commission shall suspend the license of an officer |
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licensed under this chapter on notification that the officer has |
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been dishonorably discharged [if the officer has previously been |
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dishonorably discharged from another law enforcement agency]. |
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SECTION 3. The heading to Subchapter K, Chapter 1701, |
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Occupations Code, is amended to read as follows: |
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SUBCHAPTER K. DISCIPLINARY GROUNDS AND PROCEDURES |
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SECTION 4. Subchapter K, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.5015 to read as follows: |
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Sec. 1701.5015. CERTAIN GROUNDS FOR DISCIPLINE OF OFFICER. |
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(a) The commission by rule shall establish grounds under which the |
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commission shall suspend or revoke an officer license on a |
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determination by the commission that the license holder's continued |
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performance of duties as an officer constitutes a threat to the |
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public welfare. |
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(b) The grounds under Subsection (a) must include: |
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(1) lack of competence in performing the license |
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holder's duties as an officer; |
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(2) illegal drug use or an addiction that |
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substantially impairs the license holder's ability to perform the |
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license holder's duties as an officer; |
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(3) lack of truthfulness in court proceedings or other |
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governmental operations, including: |
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(A) making a false statement in an offense report |
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or other report as part of an investigation; |
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(B) making a false statement to obtain employment |
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as an officer; |
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(C) making a false entry in court records or |
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tampering with evidence, regardless of whether the license holder |
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is prosecuted or convicted for the false entry or tampering; or |
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(D) engaging in conduct designed to impair the |
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results or procedure of an examination or testing process |
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associated with obtaining employment as an officer or a promotion |
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to a higher rank; |
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(4) failure to follow the lawful directives of a |
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supervising officer or to follow the policies of the employing law |
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enforcement agency; |
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(5) discriminatory conduct, including engaging in a |
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course of conduct or a single egregious act, based on the race, |
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color, religion, sex, pregnancy, national origin, age, disability, |
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or sexual orientation of another that would cause a reasonable |
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person to believe that the license holder is unable to perform the |
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license holder's duties as an officer in a fair manner; or |
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(6) conduct indicating a pattern of: |
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(A) excessive use of force; |
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(B) abuse of official capacity; |
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(C) inappropriate relationships with persons in |
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the custody of the license holder; |
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(D) sexual harassment or sexual misconduct while |
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performing the license holder's duties as an officer; or |
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(E) misuse of information obtained as a result of |
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the license holder's employment as an officer and related to the |
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enforcement of criminal offenses. |
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SECTION 5. Not later than January 1, 2022, the Texas |
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Commission on Law Enforcement shall adopt the rules required by |
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Section 1701.5015, Occupations Code, as added by this Act. |
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SECTION 6. Section 1701.5015, Occupations Code, as added by |
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this Act, applies only to conduct that occurs on or after January 1, |
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2022. Conduct that occurs before January 1, 2022, is governed by |
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the law in effect immediately before the effective date of this Act, |
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and the former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |