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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and functions of the Texas Commission |
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on Law Enforcement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.002, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.002. APPLICATION OF SUNSET ACT. The Texas |
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Commission on Law Enforcement is subject to Chapter 325, Government |
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Code (Texas Sunset Act). Unless continued in existence as provided |
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by that chapter, the commission is abolished and this chapter |
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expires September 1, 2035 [2023]. |
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SECTION 2. Section 1701.059, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing [legislation that created the] |
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commission operations; |
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(2) the programs, functions, rules, and budget of the |
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commission; |
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(3) the scope of and limitations on the rulemaking |
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authority of the commission; |
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(4) the results of the most recent formal audit of the |
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commission; |
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(5) [(4)] the requirements of: |
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(A) laws relating to open meetings, public |
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information, administrative procedure, and disclosing conflicts of |
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interest; and |
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(B) other laws applicable to members of a state |
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policy-making body in performing their duties; and |
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(6) [(5)] any applicable ethics policies adopted by |
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the commission or the Texas Ethics Commission. |
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(d) The executive director of the commission shall create a |
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training manual that includes the information required by |
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Subsection (b). The executive director shall distribute a copy of |
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the training manual annually to each member of the commission. Each |
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commission member shall sign and submit to the executive director a |
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statement acknowledging that the member received and has reviewed |
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the training manual. |
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SECTION 3. Section 1701.151, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING |
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AUTHORITY. The commission may: |
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(1) adopt rules for the administration of this chapter |
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and for the commission's internal management and control; |
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(2) establish minimum standards relating to |
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competence and reliability, including education, training, |
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physical, and mental[, and moral] standards, for licensing as an |
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officer, county jailer, public security officer, or |
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telecommunicator; |
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(3) report to the governor and legislature on the |
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commission's activities, with recommendations on matters under the |
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commission's jurisdiction, and make other reports that the |
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commission considers desirable; |
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(4) require a state agency or a county, special |
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district, or municipality in this state that employs officers, |
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telecommunicators, or county jailers to submit reports and |
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information; |
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(5) contract as the commission considers necessary for |
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services, facilities, studies, and reports required for: |
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(A) cooperation with municipal, county, special |
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district, state, and federal law enforcement agencies in training |
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programs; and |
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(B) performance of the commission's other |
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functions; and |
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(6) conduct research and stimulate research by public |
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and private agencies to improve law enforcement and police |
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administration. |
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SECTION 4. Section 1701.163, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT |
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AGENCIES [INFORMATION PROVIDED BY COMMISSIONING ENTITIES]. [(a) |
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This section applies only to an entity authorized by statute or by |
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the constitution to create a law enforcement agency or police |
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department and commission, appoint, or employ officers that first |
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creates a law enforcement agency or police department and first |
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begins to commission, appoint, or employ officers on or after |
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September 1, 2009. |
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[(b)] The [entity shall submit to the] commission, with |
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input from an advisory committee, shall by rule establish minimum |
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standards with respect to the creation or operation of a law |
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enforcement agency, including [on creation of the law enforcement |
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agency or police department information regarding]: |
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(1) a determination regarding the need for creating |
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the [law enforcement] agency [or police department] in the |
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community; |
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(2) the sustainable funding sources for the [law |
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enforcement] agency [or police department]; |
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(3) the physical resources available to officers, |
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which may differ based on the size of the law enforcement agency, |
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including: |
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(A) duty firearms, including patrol rifles and |
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shotguns; |
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(B) less lethal force weapons, including a |
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requirement of at least one per officer on duty; |
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(C) effective communications equipment; |
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(D) protective equipment, including a |
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requirement of at least one protective vest per officer on duty; |
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(E) officer uniforms; and |
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(F) patrol vehicles and associated equipment; |
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(4) the physical facilities of [that] the [law |
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enforcement] agency [or police department will operate], including |
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any [descriptions of the] evidence room, dispatch area, or [and] |
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public area; |
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(5) the [law enforcement] policies of the [law |
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enforcement] agency [or police department], including policies on: |
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(A) use of force; |
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(B) vehicle pursuit; |
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(C) professional conduct of officers; |
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(D) domestic abuse protocols; |
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(E) response to missing persons; |
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(F) supervision of part-time officers; [and] |
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(G) impartial policing; |
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(H) active shooters; and |
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(I) barricaded subjects; |
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(6) the administrative structure of the [law |
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enforcement] agency [or police department]; |
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(7) liability insurance; and |
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(8) any other standard [information] the commission |
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considers necessary [requires by rule]. |
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SECTION 5. Subchapter D, Chapter 1701, Occupations Code, is |
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amended by adding Sections 1701.165, 1701.166, 1701.167, 1701.168, |
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and 1701.169 to read as follows: |
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Sec. 1701.165. ADVISORY COMMITTEES. (a) The commission by |
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rule may establish advisory committees to make recommendations to |
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the commission on programs, rules, and policies administered by the |
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commission. |
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(b) In establishing an advisory committee under this |
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section, the commission shall adopt rules, including rules |
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regarding: |
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(1) the purpose, role, responsibility, goals, and |
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duration of the committee; |
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(2) the size of and quorum requirement for the |
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committee; |
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(3) qualifications for committee membership; |
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(4) appointment procedures for members; |
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(5) terms of service for members; |
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(6) training requirements for members; |
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(7) policies to avoid conflicts of interest by |
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committee members; |
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(8) a periodic review process to evaluate the |
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continuing need for the committee; and |
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(9) policies to ensure the committee does not violate |
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any provision of Chapter 551, Government Code, applicable to the |
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commission or the committee. |
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Sec. 1701.166. SUBPOENA. (a) The commission may compel by |
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subpoena the production for inspection or copying of a record |
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described by Section 1701.162(a) that is relevant to the |
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investigation of an alleged violation of this chapter or a |
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commission rule. |
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(b) The commission, acting through the attorney general, |
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may bring an action to enforce a subpoena issued under Subsection |
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(a) against a person who fails to comply with the subpoena. |
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(c) Venue for an action brought under Subsection (b) is in a |
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district court in: |
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(1) Travis County; or |
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(2) any county in which the commission may conduct a |
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hearing. |
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(d) The court shall order compliance with the subpoena if |
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the court finds that good cause exists to issue the subpoena. |
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Sec. 1701.167. EXAMINATION OF LICENSE HOLDER. (a) The |
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commission shall adopt rules specifying the circumstances under |
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which the commission may request that a license holder submit to an |
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examination described by Section 1701.306(a) by a psychologist, |
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psychiatrist, or physician selected by the commission to determine |
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whether the license holder continues to meet the standards required |
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by that section. |
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(b) If the license holder refuses to submit to the |
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examination, the commission shall issue an order requiring the |
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person to show cause for the person's refusal at a hearing on the |
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order scheduled for not later than the 30th day after the date |
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notice is served on the person. The commission shall provide notice |
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under this section by personal service or by registered mail, |
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return receipt requested. |
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(c) At the hearing, the person may appear in person and by |
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counsel and present evidence to justify the person's refusal to |
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submit to examination. After the hearing, the commission shall |
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issue an order requiring the person to submit to an examination |
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under this section or withdrawing the request for the examination. |
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(d) Unless the request is withdrawn, the commission may |
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suspend the license of a person who refuses to submit to the |
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examination. |
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(e) An appeal from the commission's order under this section |
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is governed by Chapter 2001, Government Code. |
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(f) If the results of an examination under this section show |
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that the person does not meet the standards of Section 1701.306(a), |
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the commission shall suspend the person's license. |
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(g) Records relating to a request or order of the commission |
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or a hearing or examination conducted under this section, |
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including, if applicable, the identity of the person notifying the |
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commission that a license holder may not meet the standards |
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required by Section 1701.306(a), are confidential and not subject |
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to disclosure under Chapter 552, Government Code. |
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(h) An order issued by the commission regarding a license |
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holder that is based on information obtained during an examination |
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under this section may only reference the statutory basis for the |
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order and may not disclose the reason for the examination. |
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Sec. 1701.168. REFUSAL OR FAILURE OF EXAMINATION. (a) |
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Except as provided by Subsection (b), a law enforcement agency |
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shall report to the commission a license holder who refuses to |
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submit to or fails an examination ordered under Section 1701.167. |
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(b) A law enforcement agency is not required to report a |
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failed examination under Subsection (a) if the license holder |
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submits to and successfully completes a treatment program within a |
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reasonable time, as prescribed by commission rule. A law |
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enforcement agency may assign a license holder who submits to a |
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treatment program under this subsection to a non-law enforcement |
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role for the duration of the treatment program and until the license |
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holder passes the examination. |
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Sec. 1701.169. PREEMPLOYMENT DATABASE. The commission |
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shall designate one or more national law enforcement databases that |
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a law enforcement agency must access to complete the preemployment |
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background check required under Sections 1701.303(a) and |
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1701.451(a). A database designated under this section must: |
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(1) contain records related to a person's previous law |
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enforcement employment or experience, including any: |
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(A) commendations or awards; |
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(B) misconduct or disciplinary records; and |
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(C) certifications or licenses held; |
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(2) be maintained by the federal government or a |
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nationally recognized law enforcement accreditation association; |
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and |
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(3) provide a process for a person to contest or amend |
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any information maintained in the database relating to the person. |
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SECTION 6. Section 1701.202, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) Except as provided by Subsection (d), on [On] request, a |
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license holder is entitled to [may] obtain information regarding a |
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complaint made against the license holder under this chapter, |
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including a complete copy of the complaint file. On receipt of a |
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request under this subsection, the commission shall provide the |
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requested information in a timely manner to allow the license |
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holder time to respond to the complaint. |
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(d) The commission is not required to provide the identity |
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of any nontestifying complainant in response to a request under |
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Subsection (b). |
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SECTION 7. Section 1701.203(c), Occupations Code, is |
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amended to read as follows: |
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(c) The commission shall periodically notify the complaint |
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parties [to the complaint] of the status of the complaint until |
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final disposition unless the notice would jeopardize an |
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investigation. |
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SECTION 8. Subchapter E, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.205 to read as follows: |
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Sec. 1701.205. OFFICER PROFILES. (a) The commission shall |
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create a public database containing profiles of each officer |
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licensed under this chapter. A profile must: |
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(1) include the information required by Subsection |
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(b); and |
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(2) be compiled in a format that makes the information |
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contained in the profile readily available to the public. |
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(b) Except as otherwise provided by this section, a profile |
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must contain the following information with respect to each |
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officer: |
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(1) the date the officer completed the basic training |
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course; |
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(2) whether the officer is in compliance with |
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continuing education requirements and the continuing education |
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courses completed; |
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(3) the total hours of training the officer has |
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completed; and |
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(4) the date the officer's license was issued. |
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(c) The commission shall adopt rules to exclude from the |
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database profiles for certain officers if including the profile |
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would create a safety risk for the officer based on the officer's |
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position or duties, including the profiles of undercover officers |
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and officers involved in active narcotics operations. |
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SECTION 9. Section 1701.253, Occupations Code, is amended |
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by adding Subsection (a-1) and amending Subsections (g), (h), (i), |
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(j), (l), (m), (o), and (p) to read as follows: |
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(a-1) The commission by rule shall establish deadlines for |
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an officer to complete any minimum curriculum requirements that are |
|
not completed as part of the officer's basic training course. |
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(g) As part of the minimum curriculum requirements, the |
|
commission shall establish a statewide comprehensive education and |
|
training program on asset forfeiture under Chapter 59, Code of |
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Criminal Procedure, for officers licensed under this chapter. [An |
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officer shall complete a program established under this subsection |
|
not later than the second anniversary of the date the officer is |
|
licensed under this chapter or the date the officer applies for an |
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intermediate proficiency certificate, whichever date is earlier.] |
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(h) As part of the minimum curriculum requirements, the |
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commission shall establish a statewide comprehensive education and |
|
training program on racial profiling for officers licensed under |
|
this chapter. [An officer shall complete a program established |
|
under this subsection not later than the second anniversary of the |
|
date the officer is licensed under this chapter or the date the |
|
officer applies for an intermediate proficiency certificate, |
|
whichever date is earlier.] |
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(i) As part of the minimum curriculum requirements, the |
|
commission shall establish a statewide comprehensive education and |
|
training program on identity theft under Section 32.51, Penal Code, |
|
for officers licensed under this chapter. [An officer shall |
|
complete a program established under this subsection not later than |
|
the second anniversary of the date the officer is licensed under |
|
this chapter or the date the officer applies for an intermediate |
|
proficiency certificate, whichever date is earlier.] |
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(j) As part of the minimum curriculum requirements, the |
|
commission shall require an officer to complete a 40-hour statewide |
|
education and training program on de-escalation and crisis |
|
intervention techniques to facilitate interaction with persons |
|
with mental impairments. [An officer shall complete the program |
|
not later than the second anniversary of the date the officer is |
|
licensed under this chapter or the date the officer applies for an |
|
intermediate proficiency certificate, whichever date is earlier.] |
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An officer may not satisfy the requirements of this subsection or |
|
Section 1701.402(g) by taking an online course on de-escalation and |
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crisis intervention techniques to facilitate interaction with |
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persons with mental impairments. |
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(l) As part of the minimum curriculum requirements, the |
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commission shall require an officer licensed by the commission on |
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or after January 1, 2016, to complete a canine encounter training |
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program established by the commission under Section 1701.261. [An |
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officer shall complete the program not later than the second |
|
anniversary of the date the officer is licensed under this chapter |
|
unless the officer completes the program as part of the officer's |
|
basic training course.] |
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(m) As part of the minimum curriculum requirements, the |
|
commission shall establish a statewide comprehensive education and |
|
training program on procedures for interacting with drivers who are |
|
deaf or hard of hearing, as defined by Section 81.001, Human |
|
Resources Code, including identifying specialty license plates |
|
issued to individuals who are deaf or hard of hearing under Section |
|
504.204, Transportation Code. [An officer shall complete a program |
|
established under this subsection not later than the second |
|
anniversary of the date the officer is licensed under this chapter |
|
or the date the officer applies for an intermediate proficiency |
|
certificate, whichever date is earlier.] |
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(o) As part of the minimum curriculum requirements, the |
|
commission shall require an officer to complete the civilian |
|
interaction training program developed under Section 1701.268. [An |
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officer shall complete the program not later than the second |
|
anniversary of the date the officer is licensed under this chapter |
|
unless the officer completes the program as part of the officer's |
|
basic training course.] |
|
(p) As part of the minimum curriculum requirements, the |
|
commission shall require an officer to complete the basic education |
|
and training program on the trafficking of persons developed under |
|
Section 1701.258(a). [An officer shall complete the program not |
|
later than the second anniversary of the date the officer is |
|
licensed under this chapter unless the officer completes the |
|
program as part of the officer's basic training course.] |
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SECTION 10. Section 1701.303(a), Occupations Code, is |
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amended to read as follows: |
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(a) Before a [A] law enforcement agency or governmental |
|
entity [that] hires a person for whom a license is sought, the law |
|
enforcement agency must: |
|
(1) review any information relating to the person |
|
available in a database designated by the commission under Section |
|
1701.169; and |
|
(2) file an application with the commission as |
|
provided by commission rule. |
|
SECTION 11. Section 1701.404(b), Occupations Code, is |
|
amended to read as follows: |
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(b) The commission may certify a sheriff, sheriff's deputy, |
|
constable, other peace officer, county jailer, or justice of the |
|
peace as a special officer for offenders with mental impairments if |
|
the person: |
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(1) completes a training course in emergency first aid |
|
and lifesaving techniques approved by the commission; |
|
(2) completes a training course administered by the |
|
commission on mental health issues and offenders with mental |
|
impairments; and |
|
(3) passes an examination administered by the |
|
commission that is designed to test the person's: |
|
(A) knowledge and recognition of the |
|
characteristics and symptoms of mental illness, intellectual |
|
disabilities [mental retardation], and developmental [mental] |
|
disabilities; and |
|
(B) knowledge of mental health crisis |
|
intervention strategies for people with mental impairments. |
|
SECTION 12. Section 1701.451(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Before a law enforcement agency may hire a person |
|
licensed under this chapter, the agency must, on a form and in the |
|
manner prescribed by the commission: |
|
(1) obtain the person's written consent for the agency |
|
to review the information required to be reviewed under this |
|
section; |
|
(2) request from the commission and any other |
|
applicable person information required to be reviewed under this |
|
section; and |
|
(3) submit to the commission confirmation that the |
|
agency, to the best of the agency's ability before hiring the |
|
person: |
|
(A) contacted each entity or individual |
|
necessary to obtain the information required to be reviewed under |
|
this section; and |
|
(B) except as provided by Subsection (b), |
|
obtained and reviewed as related to the person, as applicable: |
|
(i) personnel files and other employee |
|
records from each previous law enforcement agency employer, |
|
including the employment application submitted to the previous |
|
employer; |
|
(ii) employment termination reports |
|
maintained by the commission under this subchapter; |
|
(iii) service records maintained by the |
|
commission; |
|
(iv) proof that the person meets the |
|
minimum qualifications for enrollment in a training program under |
|
Section 1701.251(a); |
|
(v) a military veteran's United States |
|
Department of Defense Form DD-214 or other military discharge |
|
record; |
|
(vi) criminal history record information; |
|
(vii) information on pending warrants as |
|
available through the Texas Crime Information Center and National |
|
Crime Information Center; |
|
(viii) evidence of financial |
|
responsibility as required by Section 601.051, Transportation |
|
Code; |
|
(ix) a driving record from the Department |
|
of Public Safety; |
|
(x) proof of United States citizenship; |
|
[and] |
|
(xi) information on the person's background |
|
from at least three personal references and at least two |
|
professional references; and |
|
(xii) information on the person's law |
|
enforcement background as available through a database designated |
|
by the commission under Section 1701.169. |
|
SECTION 13. Section 1701.453, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1701.453. MAINTENANCE OF REPORTS [AND STATEMENTS]. |
|
The commission shall maintain a copy of each report [and statement] |
|
submitted to the commission under this subchapter until at least |
|
the 10th anniversary of the date on which the report [or statement] |
|
is submitted. |
|
SECTION 14. Section 1701.456(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The commission is not liable for civil damages for |
|
providing information contained in a report [or statement] |
|
maintained by the commission under this subchapter if the |
|
commission released the information as provided by this subchapter. |
|
SECTION 15. The heading to Subchapter K, Chapter 1701, |
|
Occupations Code, is amended to read as follows: |
|
SUBCHAPTER K. DISCIPLINARY GROUNDS AND PROCEDURES |
|
SECTION 16. Subchapter K, Chapter 1701, Occupations Code, |
|
is amended by adding Section 1701.5011 to read as follows: |
|
Sec. 1701.5011. EMERGENCY SUSPENSION. (a) The commission |
|
shall adopt rules specifying the circumstances under which the |
|
commission may issue an emergency order, without a hearing, |
|
suspending a person's license for a period not to exceed 90 days |
|
after determining that the person constitutes an imminent threat to |
|
the public health, safety, or welfare. |
|
(b) An order suspending a license under this section must |
|
state the length of the suspension in the order. |
|
(c) If an emergency order is issued without a hearing under |
|
this section, the commission shall, not later than the 10th day |
|
after the date the order was issued, set the time and place for a |
|
hearing on the order. The hearing must be conducted as soon as |
|
practicable. A hearing under this section to affirm, modify, or set |
|
aside the emergency order shall be conducted by the State Office of |
|
Administrative Hearings. The order shall be affirmed to the extent |
|
that good cause existed to issue the order. |
|
(d) The commission by rule may prescribe procedures for the |
|
determination and appeal of an emergency order issued under this |
|
section, including a rule allowing the commission to affirm, |
|
modify, or set aside a decision made by the State Office of |
|
Administrative Hearings under Subsection (c). |
|
(e) A proceeding under this section is a contested case |
|
under Chapter 2001, Government Code. |
|
SECTION 17. The following provisions of the Occupations |
|
Code are repealed: |
|
(1) Sections 1701.452(b) and (c); |
|
(2) Section 1701.4521; and |
|
(3) Section 1701.4525. |
|
SECTION 18. (a) Except as provided by Subsection (b) of |
|
this section, Section 1701.059, Occupations Code, as amended by |
|
this Act, applies to a member of the Texas Commission on Law |
|
Enforcement appointed before, on, or after the effective date of |
|
this Act. |
|
(b) A member of the Texas Commission on Law Enforcement who, |
|
before the effective date of this Act, completed the training |
|
program required by Section 1701.059, Occupations Code, as that law |
|
existed before the effective date of this Act, is only required to |
|
complete additional training on the subjects added by this Act to |
|
the training program required by Section 1701.059, Occupations |
|
Code. A commission member described by this subsection may not |
|
vote, deliberate, or be counted as a member in attendance at a |
|
meeting of the commission held on or after December 1, 2023, until |
|
the member completes the additional training. |
|
SECTION 19. (a) Not later than March 1, 2024, the Texas |
|
Commission on Law Enforcement shall: |
|
(1) adopt rules and update forms as necessary to |
|
implement the changes in law made by this Act to Chapter 1701, |
|
Occupations Code; and |
|
(2) designate the database as required by Section |
|
1701.169, Occupations Code, as added by this Act. |
|
(b) Not later than September 1, 2024, the Texas Commission |
|
on Law Enforcement shall establish the database containing officer |
|
profiles as required by Section 1701.205, Occupations Code, as |
|
added by this Act. |
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SECTION 20. Sections 1701.303(a) and 1701.451(a), |
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Occupations Code, as amended by this Act, apply only with respect to |
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a person hired on or after March 1, 2024. A person hired before |
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March 1, 2024, is governed by the law in effect immediately before |
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the effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 21. The changes in law made by this Act to |
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Subchapter J, Chapter 1701, Occupations Code, apply only to a |
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report required to be submitted under Section 1701.452, Occupations |
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Code, as amended by this Act, regarding a separation of a license |
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holder that occurs on or after March 1, 2024. A separation that |
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occurs before March 1, 2024, is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 22. This Act takes effect September 1, 2023. |