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A BILL TO BE ENTITLED
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AN ACT
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relating to an employment termination report and other records |
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submitted to the Texas Commission on Law Enforcement by a law |
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enforcement agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.451(c), Occupations Code, is |
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amended to read as follows: |
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(c) If the commission receives from a law enforcement agency |
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a request that complies with Subsections (a)(1) and (b), the |
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commission [employee having the responsibility to maintain any |
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employment termination report regarding the person who is the |
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subject of the request] shall release the report to the agency. |
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SECTION 2. Sections 1701.452(a), (b), (d), and (g), |
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Occupations Code, are amended to read as follows: |
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(a) The head of a law enforcement agency or the head's |
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designee shall submit a report to the commission on a form |
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prescribed by the commission regarding a person licensed under this |
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chapter [who resigns or retires from employment with the law |
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enforcement agency, whose appointment with the law enforcement |
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agency is terminated, or] who separates from the law enforcement |
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agency for any [other] reason. The report must be submitted by the |
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head or the designee not later than the seventh business day after |
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the date the license holder: |
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(1) [resigns, retires, is terminated, or] separates |
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from the agency; and |
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(2) exhausts all administrative appeals available to |
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the license holder, if applicable. |
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(b) The head of a law enforcement agency or the head's |
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designee shall indicate [include] in the report required under |
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Subsection (a) [a statement on] whether the license holder was |
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suspected of misconduct, regardless of whether the license holder |
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was terminated for misconduct [honorably discharged, generally |
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discharged, or dishonorably discharged and, as required by the |
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commission, an explanation of the circumstances under which the |
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person resigned, retired, or was terminated]. For purposes of this |
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subsection, "misconduct" includes a license holder engaging in |
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criminal conduct, regardless of whether the license holder was |
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arrested for, charged with, or convicted of an offense [: |
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[(1) "Honorably discharged" means a license holder |
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who, 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 |
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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 |
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from a law enforcement agency and the separation was for a |
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documented performance problem and was not because of a reduction |
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in workforce 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 |
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or retired or resigned in lieu of termination by the agency in |
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relation to allegations of criminal misconduct; or |
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[(B) was terminated by a law enforcement agency |
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or retired or resigned in lieu of termination by the agency for |
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insubordination or untruthfulness]. |
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(d) The head of the law enforcement agency from which a |
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license holder [resigns, retires, is terminated, or] separates for |
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reasons other than death, or the head's designee, shall provide to |
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the license holder a copy of the report. The report must be provided |
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to the license holder not later than the seventh business day after |
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the date the license holder: |
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(1) [resigns, retires, is terminated, or] separates |
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from the agency; and |
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(2) exhausts all administrative appeals available to |
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the license holder, if applicable. |
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(g) The head of a law enforcement agency or the head's |
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designee must submit a report under this section each time a person |
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licensed under this chapter [resigns, retires, is terminated, or] |
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separates for any [other] reason from the agency. The report is an |
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official government document. |
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SECTION 3. Sections 1701.4525(a), (d), and (e), 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 an indication under Section 1701.452(b) that the person was |
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suspected of misconduct [information] contained in the report by |
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submitting to the law enforcement agency and to the commission a |
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written petition on a form prescribed by the commission for a |
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correction of the report not later than the 30th day after the date |
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the person receives a copy of the report. On receipt of the |
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petition, the commission shall refer the petition to the State |
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Office of Administrative Hearings. |
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(d) A proceeding to contest an indication of misconduct |
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[information] in an employment termination report is a contested |
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case under Chapter 2001, Government Code. |
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(e) In a proceeding to contest an indication of misconduct |
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[information] in an employment termination report [for a report |
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based on alleged misconduct], an administrative law judge shall |
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determine if the alleged misconduct occurred by a preponderance of |
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the evidence regardless of whether the person who is the subject of |
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the report was terminated for the misconduct [or the person |
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resigned, retired, or separated in lieu of termination]. If the |
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alleged misconduct is not supported by a preponderance of the |
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evidence, the administrative law judge shall order the commission |
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to change the report. The commission shall send the changed report |
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to the law enforcement agency that prepared the original employment |
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termination report. The law enforcement agency shall replace the |
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original employment termination report with the changed report. |
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SECTION 4. The following provisions of the Occupations Code |
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are repealed: |
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(1) Section 1701.452(c); |
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(2) Section 1701.4521; and |
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(3) Section 1701.454. |
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SECTION 5. Not later than December 1, 2021, the Texas |
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Commission on Law Enforcement shall update the form for an |
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employment termination report as necessary to comply with Section |
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1701.452, Occupations Code, as amended by this Act. |
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SECTION 6. The changes in law made by this Act apply only to |
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a report required to be submitted under Section 1701.452, |
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Occupations Code, as amended by this Act, regarding a separation of |
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a license holder that occurs on or after December 1, 2021. A |
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separation that occurs before December 1, 2021, is governed by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |