By: Deshotel H.B. No. 4468

A BILL TO BE ENTITLED

AN ACT

relating to certain grounds for revocation of a peace officer license.

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

SECTION 1. The heading to Subchapter K, Chapter 1701, Occupations Code, is amended to read as follows:

SUBCHAPTER K. DISCIPLINARY GROUNDS AND PROCEDURES

SECTION 2. Subchapter K, Chapter 1701, Occupations Code, is amended by adding Section 1701.5015 and 1701.5016 to read as follows:

Sec. 1701.5015. CERTAIN GROUNDS FOR REVOCATION OF PEACE OFFICER LICENSE. (a) The commission shall revoke the license of a peace officer if the commission determines that the officer:

(1) has participated in a riot or an insurrection against the United States or this state; or

(2) has been convicted of an offense under Section 557.001, 557.011, or 557.012, Government Code, or Section 42.02, Penal Code.

(b) A person whose license has been revoked under this section is disqualified from receiving any license issued under this chapter.

Sec. 1701.5016. CERTAIN GROUNDS FOR DISCIPLINE OF OFFICER. (a) The commission by rule shall establish grounds under which the commission shall suspend or revoke an officer license on a determination by the commission that the license holder's continued performance of duties as an officer constitutes a threat to the public welfare.

(b) The grounds under Subsection (a) must include:

(1) lack of competence in performing the license holder's duties as an officer;

(2) illegal drug use or an addiction that substantially impairs the license holder's ability to perform the license holder's duties as an officer;

(3) lack of truthfulness in court proceedings or other governmental operations, including:

(A) making a false statement in an offense report or other report as part of an investigation;

(B) making a false statement to obtain employment as an officer;

(C) making a false entry in court records or tampering with evidence, regardless of whether the license holder is prosecuted or convicted for the false entry or tampering; or

(D) engaging in conduct designed to impair the results or procedure of an examination or testing process associated with obtaining employment as an officer or a promotion to a higher rank;

(4) failure to follow the lawful directives of a supervising officer or to follow the policies of the employing law enforcement agency;

(5) discriminatory conduct, including engaging in a course of conduct or a single egregious act, based on the race, color, religion, sex, pregnancy, national origin, age, disability, or sexual orientation of another that would cause a reasonable person to believe the license holder is unable to perform the license holder's duties as an officer in a fair manner; or

(6) conduct indicating a pattern of:

(A) excessive use of force;

(B) abuse of official capacity;

(C) inappropriate relationships with persons in the custody of the license holder;

(D) sexual harassment or sexual misconduct while performing the license holder's duties as an officer; or

(E) misuse of information obtained as a result of the license holder's employment as an officer and related to the enforcement of criminal offenses.

SECTION 3. Not later than January 1, 2022, the Texas Commission on Law Enforcement shall adopt the rules required by Section 1701.5015 and 1701.5016, Occupations Code, as added by this Act.

SECTION 4. Section 1701.5015 and 1701.5016, Occupations Code, as added by this Act, applies only to conduct that occurs on or after January 1, 2022. Conduct that occurs before January 1, 2022, is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 5. This Act takes effect September 1, 2021.