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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of peace officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 1701, Occupations Code, is |
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amended by adding Sections 1701.165 and 1701.166 to read as |
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follows: |
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Sec. 1701.165. STANDARDS OF CONDUCT. (a) The commission by |
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rule shall prescribe standards of conduct for officers. |
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(b) The standards of conduct must establish minimum |
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standards with respect to the following: |
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(1) pursuit of a suspect; |
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(2) arrest and control tactics; |
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(3) executing high-risk warrants; and |
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(4) conducting traffic stops, including a uniform |
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standard for conducting a traffic stop for an offense punishable by |
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fine only. |
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(c) The commission shall biennially review and update the |
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standards of conduct as necessary. |
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Sec. 1701.166. SUBMISSION OF REVOKED LICENSE TO NATIONAL |
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DATABASE. (a) In this section, "national misconduct database" |
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means the National Decertification Index maintained by the |
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International Association of Directors of Law Enforcement |
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Standards and Training, or a similar database selected by the |
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commission that serves as a registry for the revocation of officer |
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licenses in several jurisdictions based on misconduct committed by |
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the officer. |
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(b) The commission shall submit to the national misconduct |
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database information necessary to create a record in the database |
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for each officer license the commission revokes under Section |
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1701.501(a-1) or 1701.4521. |
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SECTION 2. Subchapter G, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.3135 to read as follows: |
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Sec. 1701.3135. DISQUALIFICATION: REVOCATION OR SUSPENSION |
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IN ANOTHER STATE. A person is disqualified to be an officer, and |
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the commission may not issue an officer license to the person, if |
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the person has been issued a license or other authorization to act |
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as an officer in another state and the license or authorization was |
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revoked or suspended. |
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SECTION 3. Section 1701.501, Occupations Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) Except as provided by Subsection (d), the commission |
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may revoke or suspend a license, place on probation a person whose |
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license has been suspended, or reprimand a license holder for |
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violating a standard of conduct prescribed under Section 1701.165. |
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SECTION 4. Not later than January 1, 2024, the Texas |
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Commission on Law Enforcement shall: |
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(1) prescribe the standards of conduct required by |
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Section 1701.165, Occupations Code, as added by this Act; and |
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(2) adopt the rules necessary to implement Chapter |
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1701, Occupations Code, as amended by this Act. |
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SECTION 5. Section 1701.3135, Occupations Code, as added by |
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this Act, applies only to an application for an officer license |
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submitted under Chapter 1701, Occupations Code, on or after the |
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effective date of this Act. An application submitted before the |
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effective date of this Act is governed by the law in effect on the |
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date the application was submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 6. The standards of conduct required by Section |
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1701.165, Occupations Code, as added by this Act, apply only to |
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conduct that occurs on or after January 1, 2024. Conduct that |
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occurs before January 1, 2024, is governed by the law in effect on |
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the date the conduct occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2023. |