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A BILL TO BE ENTITLED
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AN ACT
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relating to psychological and physical examinations required to |
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obtain a license issued by the Texas Commission 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 1701.306, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.306. PSYCHOLOGICAL AND PHYSICAL EXAMINATION. (a) |
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In this section: |
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(1) "Mental health professional" means a: |
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(A) psychologist licensed under Chapter 501; |
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(B) psychiatrist licensed under Subtitle B, |
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Title 3; or |
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(C) person licensed under Subtitle I, Title 3, |
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other than a person described by Paragraph (A), who holds a doctoral |
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degree from an accredited institution of higher education in the |
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field in which the person is licensed. |
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(2) "Physician" means a person licensed under Subtitle |
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B, Title 3. |
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(a-1) The commission may not issue a license to a person |
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unless the person is examined by: |
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(1) a mental health professional [licensed |
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psychologist or by a psychiatrist] who declares in writing that the |
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person is in satisfactory psychological and emotional health to |
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serve as the type of officer for which a license is sought; and |
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(2) a [licensed] physician who declares in writing |
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that the person does not show any trace of drug dependency or |
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illegal drug use after a blood test or other medical test. |
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(b) An agency hiring a person for whom a license is sought |
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shall select the examining physician and the examining mental |
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health professional [psychologist or psychiatrist]. The agency |
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shall prepare a report of each declaration required by Subsection |
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(a-1) [(a)] and shall maintain a copy of the report on file in a |
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format readily accessible to the commission. A declaration is not |
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public information. |
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(c) The commission shall adopt rules that: |
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(1) relate to appropriate standards and measures to be |
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used by a law enforcement agency in reporting the declarations made |
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under Subsection (a-1) [(a)]; and |
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(2) provide for exceptional circumstances in the |
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administration of the examination of the applicant's psychological |
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and emotional health, including permitting the examination to be |
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made by a qualified [licensed] physician instead of a mental health |
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professional [psychologist or psychiatrist]. |
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(d) The commission may order an applicant to submit to an |
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examination described by Subsection (a-1) [(a)] by a mental health |
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professional [psychologist, psychiatrist,] or physician appointed |
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by the commission if the commission: |
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(1) has cause to believe that a law enforcement agency |
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failed to follow commission rules relating to an examination; or |
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(2) discovers that the applicant has submitted a false |
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declaration. |
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SECTION 2. The changes in law made by this Act to Section |
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1701.306, Occupations Code, apply to a license for which an |
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application is filed under Chapter 1701, Occupations Code, on or |
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after the effective date of this Act. An application for a license |
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filed under Chapter 1701, Occupations Code, before the effective |
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date of this Act is governed by the law in effect on the date the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |