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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; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.001, Occupations Code, is amended |
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by adding Subdivision (2-a) to read as follows: |
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(2-a) "Misconduct" means: |
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(A) a violation of law; or |
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(B) any of the following that have been sustained |
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by a law enforcement agency employing a license holder: |
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(i) a violation of a law enforcement agency |
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policy for which the agency may suspend, demote, or terminate a |
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license holder's employment; or |
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(ii) an allegation of untruthfulness |
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against a license holder. |
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SECTION 2. 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 |
|
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, 2031 [2023]. |
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SECTION 3. 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 |
|
commission; |
|
(3) the scope of and limitations on the rulemaking |
|
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 4. 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 |
|
commission considers desirable; |
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(4) require a state agency or a county, special |
|
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 5. 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 |
|
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 continued operation of a |
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law enforcement agency based on the function, size, and |
|
jurisdiction of the agency, including [on creation of the law |
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enforcement agency or police department information regarding]: |
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(1) a determination regarding the public benefit of |
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creating the [need for the law enforcement] agency [or police |
|
department] in the community; |
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(2) the sustainable funding sources for the [law |
|
enforcement] agency [or police department]; |
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(3) the physical resources available to officers, |
|
including: |
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(A) all standard duty firearms; |
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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 |
|
requirement of at least one bullet-resistant vest per officer on |
|
duty; |
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(E) officer uniforms; and |
|
(F) patrol vehicles and associated equipment; |
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(4) the physical facilities of [that] the [law |
|
enforcement] agency [or police department will operate], including |
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any [descriptions of the] evidence room, dispatch area, or [and] |
|
public area; |
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(5) the [law enforcement] policies of the [law |
|
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 6. 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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1701.169, 1701.170, and 1701.171 to read as follows: |
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Sec. 1701.165. ADVISORY COMMITTEES. (a) The commission by |
|
rule may establish advisory committees to make recommendations to |
|
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 |
|
section, the commission shall adopt rules, including rules |
|
regarding: |
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(1) the purpose, role, responsibility, goals, and |
|
duration of the committee; |
|
(2) the size of and quorum requirement for the |
|
committee; |
|
(3) qualifications for committee membership; |
|
(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 |
|
members; |
|
(8) a periodic review process to evaluate the |
|
continuing need for the committee; and |
|
(9) policies to ensure the committee does not violate |
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any provision of Chapter 551, Government Code, applicable to the |
|
commission or the committee. |
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Sec. 1701.166. SUBPOENA. (a) The commission may compel by |
|
subpoena the production for inspection or copying of a record |
|
described by Section 1701.162(a) that is relevant to the |
|
investigation of an alleged violation of this chapter or a |
|
commission rule. |
|
(b) The commission, acting through the attorney general, |
|
may bring an action to enforce a subpoena issued under Subsection |
|
(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 |
|
district court in: |
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(1) Travis County; or |
|
(2) any county in which the commission may conduct a |
|
hearing. |
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(d) The court shall order compliance with the subpoena if |
|
the court finds that good cause exists to issue the subpoena. |
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Sec. 1701.167. POLICY REGARDING EXAMINATION OF LICENSE |
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HOLDER OR APPLICANT. (a) The commission, with input from an |
|
advisory committee, shall adopt a model policy prescribing |
|
standards and procedures for the medical and psychological |
|
examination of a license holder or person for whom a license is |
|
sought by a law enforcement agency to ensure the license holder or |
|
person is able to perform the duties for which the license is |
|
required. The model policy must: |
|
(1) apply to examinations of: |
|
(A) a person to whom Section 1701.306 applies; |
|
(B) a person licensed as an officer or county |
|
jailer who is appointed as an officer or county jailer after the |
|
180th day after the person's last date of service as an officer or |
|
county jailer; |
|
(C) school marshals, as described by Section |
|
1701.260; and |
|
(D) a license holder, if ordered by the law |
|
enforcement agency employing the license holder for just cause; |
|
(2) require, for an examination described by |
|
Subdivision (1)(D), that the employing agency: |
|
(A) provide to the license holder written notice |
|
of the examination that includes the reasons for the examination |
|
not later than the 10th business day before the deadline to submit |
|
to the examination; and |
|
(B) report to the commission, in the manner |
|
prescribed by the commission, the refusal of the license holder to |
|
submit to the examination within the period provided by Paragraph |
|
(A); and |
|
(3) require the reporting to the commission, in the |
|
manner prescribed by the commission, of a license holder's failed |
|
examination, unless the license holder submits to and successfully |
|
completes an applicable treatment program within a reasonable time, |
|
as prescribed by the commission. |
|
(b) Each law enforcement agency in this state shall adopt |
|
the model policy described by Subsection (a) or a substantively |
|
similar policy. A policy adopted by a law enforcement agency under |
|
this section must be submitted to the commission, and the |
|
commission shall maintain a copy of the policy. |
|
(c) The providing of notice by a law enforcement agency to |
|
the commission of a license holder's refusal to submit to an |
|
examination does not preclude the agency employing the license |
|
holder from taking disciplinary action against the license holder, |
|
including termination of the license holder's employment with the |
|
agency. |
|
(d) The commission shall issue an order requiring a license |
|
holder who refuses to submit to an examination required by a policy |
|
adopted under Subsection (b) to show cause for the license holder's |
|
refusal at a hearing on the order scheduled for not later than the |
|
30th day after the date notice is served on the license holder. The |
|
commission shall provide notice under this section by personal |
|
service or by registered mail, return receipt requested. |
|
(e) At the hearing, the license holder may appear in person |
|
and by counsel and present evidence to justify the license holder's |
|
refusal to submit to examination. After the hearing, the |
|
commission shall issue an order requiring the license holder to |
|
submit to an examination under this section or withdrawing the |
|
request for the examination. |
|
(f) Unless the request is withdrawn, the commission may |
|
suspend or otherwise restrict the license of a license holder who |
|
refuses to submit to the examination. |
|
(g) An appeal from the commission's order under this section |
|
is governed by Chapter 2001, Government Code. |
|
(h) If the results of an examination under this section show |
|
that the license holder does not meet the standards of the policy |
|
adopted under Subsection (b), the commission shall suspend the |
|
license holder's license. |
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(i) Records relating to a request or order of the commission |
|
or a hearing or examination conducted under this section, |
|
including, if applicable, the identity of the person notifying the |
|
commission that a license holder may not meet the standards |
|
required by the policy adopted under Subsection (b), are |
|
confidential and not subject to disclosure under Chapter 552, |
|
Government Code. |
|
(j) An order issued by the commission regarding a license |
|
holder that is based on information obtained during an examination |
|
under this section may only reference the statutory basis for the |
|
order and may not disclose the reason for the examination. |
|
Sec. 1701.168. LICENSING STATUS DATABASE. (a) The |
|
commission shall establish a database containing, for each officer |
|
licensed under this chapter: |
|
(1) the officer's license status, including a record |
|
of any action taken against the officer by the commission; and |
|
(2) personnel files, as described by Section |
|
1701.4535, provided by each law enforcement agency that employs the |
|
officer. |
|
(b) The commission shall make available to a law enforcement |
|
agency on request any relevant information maintained in the |
|
database for purposes of Sections 1701.303 and 1701.451(a). |
|
(c) On request of an officer, the commission shall provide |
|
to the officer free of charge any information maintained in the |
|
database regarding the officer, including any information relating |
|
to an investigation of misconduct by a law enforcement agency under |
|
the policy described by Section 1701.4522. |
|
(d) Except as provided by Subsections (b) and (c), |
|
information maintained in the database established under this |
|
section is confidential and not subject to disclosure under Chapter |
|
552, Government Code. |
|
Sec. 1701.169. LAW ENFORCEMENT DATABASE. The commission |
|
shall designate one or more national law enforcement databases that |
|
a law enforcement agency must access to complete the preemployment |
|
background check required under Sections 1701.303(a), 1701.3035, |
|
and 1701.451(a). A database designated under this section must be |
|
as comprehensive as possible. |
|
Sec. 1701.170. SUBMISSION OF REVOKED LICENSE TO NATIONAL |
|
DATABASE. (a) The commission shall designate for purposes of this |
|
section a national database that serves as a registry for the |
|
revocation of officer licenses in several jurisdictions based on |
|
misconduct committed by the officer. |
|
(b) The commission shall submit to the designated database |
|
information necessary to create a record in the database for each |
|
officer license the commission revokes under Section 1701.501, |
|
1701.502, or 1701.503. |
|
Sec. 1701.171. STANDARDS OF CONDUCT. (a) The commission |
|
shall adopt a model policy prescribing minimum standards of conduct |
|
for officers. The policy must: |
|
(1) prescribe minimum standards of conduct with |
|
respect to: |
|
(A) pursuit of a suspect; |
|
(B) arrest and control tactics; |
|
(C) executing high-risk warrants; and |
|
(D) conducting traffic stops, including a |
|
uniform standard for conducting a traffic stop for an offense |
|
punishable by fine only; |
|
(2) establish a process by which a law enforcement |
|
agency must investigate alleged misconduct of an officer employed |
|
by the agency that is consistent with the model policy adopted under |
|
Section 1701.4522; and |
|
(3) require a law enforcement agency to report to the |
|
commission an officer employed by the agency found to have engaged |
|
in egregious misconduct as determined by the commission. |
|
(b) Each law enforcement agency in this state shall adopt |
|
the model policy described by Subsection (a) or a substantively |
|
similar policy. A policy adopted by a law enforcement agency under |
|
this section must be submitted to the commission, and the |
|
commission shall maintain a copy of the policy. |
|
(c) The reporting by a law enforcement agency to the |
|
commission of an officer's misconduct under this section does not |
|
preclude the agency employing the officer from taking disciplinary |
|
action against the officer. |
|
(d) The commission may take disciplinary action in |
|
accordance with Subchapter K against an officer for whom a report of |
|
misconduct is submitted to the commission. |
|
(e) The commission shall maintain a record of each report |
|
submitted to the commission and any actions taken by the commission |
|
as a result of the report as part of the personnel files maintained |
|
in the licensing database established under Section 1701.168. |
|
SECTION 7. Section 1701.202, Occupations Code, is amended |
|
by amending Subsection (b) and adding Subsection (d) to read as |
|
follows: |
|
(b) Except as provided by Subsection (d), on [On] request, a |
|
license holder is entitled to [may] obtain information regarding a |
|
complaint made against the license holder under this chapter, |
|
including a complete copy of the complaint file. On receipt of a |
|
request under this subsection, the commission shall provide the |
|
requested information in a timely manner to allow the license |
|
holder time to respond to the complaint. |
|
(d) The commission is not required to provide the identity |
|
of any nontestifying complainant in response to a request under |
|
Subsection (b). |
|
SECTION 8. Section 1701.203(c), Occupations Code, is |
|
amended to read as follows: |
|
(c) The commission shall periodically notify the complaint |
|
parties [to the complaint] of the status of the complaint until |
|
final disposition unless the notice would jeopardize an |
|
investigation. |
|
SECTION 9. Subchapter E, Chapter 1701, Occupations Code, is |
|
amended by adding Section 1701.205 to read as follows: |
|
Sec. 1701.205. OFFICER PERSONAL SERVICE REPORTS. (a) The |
|
commission shall establish a public database containing personal |
|
service reports of each officer licensed under this chapter. A |
|
service report must: |
|
(1) include the information required by Subsection |
|
(b); and |
|
(2) be compiled in a format that makes the information |
|
readily available to the public. |
|
(b) Except as otherwise provided by this section, a service |
|
report must contain the following information with respect to each |
|
officer: |
|
(1) the date the officer completed the basic training |
|
course; |
|
(2) whether the officer is in compliance with |
|
continuing education requirements and the continuing education |
|
courses completed; |
|
(3) the total hours of training the officer has |
|
completed; and |
|
(4) the date the officer's license was issued. |
|
(c) The commission shall adopt rules to exclude from the |
|
database personal service reports for certain officers if including |
|
the service report would create a safety risk for an undercover |
|
officer or an officer involved in an active sensitive operation. |
|
Rules adopted under this section must allow an officer described by |
|
this subsection or the law enforcement agency employing the officer |
|
to request, in a manner prescribed by the commission, the service |
|
report of the officer to be excluded from the database. A request |
|
to exclude an officer's personal service report under this section |
|
is confidential and not subject to disclosure under Chapter 552, |
|
Government Code. |
|
(d) The commission shall: |
|
(1) require a person accessing information in the |
|
database to register as a user before accessing the database; and |
|
(2) track each user's activity on the database, |
|
including the personal service reports the user accesses. |
|
(e) The user information collected and maintained by the |
|
commission under Subsection (d) is confidential and not subject to |
|
disclosure under Chapter 552, Government Code, except as required |
|
to comply with a court order. |
|
SECTION 10. Section 1701.253, Occupations Code, is amended |
|
by adding Subsection (a-1) and amending Subsections (g), (h), (i), |
|
(j), (l), (m), (o), and (p) to read as follows: |
|
(a-1) The commission by rule shall establish deadlines for |
|
an officer to complete any minimum curriculum requirements that are |
|
not completed as part of the officer's basic training course. |
|
(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 |
|
Criminal Procedure, 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.] |
|
(h) As part of the minimum curriculum requirements, the |
|
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.] |
|
(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.] |
|
(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.] |
|
An officer may not satisfy the requirements of this subsection or |
|
Section 1701.402(g) by taking an online course on de-escalation and |
|
crisis intervention techniques to facilitate interaction with |
|
persons with mental impairments. |
|
(l) As part of the minimum curriculum requirements, the |
|
commission shall require an officer licensed by the commission on |
|
or after January 1, 2016, to complete a canine encounter training |
|
program established by the commission under Section 1701.261. [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.] |
|
(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.] |
|
(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 |
|
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.] |
|
SECTION 11. Section 1701.303, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1701.303. LICENSE APPLICATION; DUTIES OF APPOINTING |
|
ENTITY. (a) Before a [A] law enforcement agency or governmental |
|
entity [that] hires a person for whom a license is sought, the |
|
agency or entity must: |
|
(1) review any information relating to the person |
|
available: |
|
(A) in a database established under Section |
|
1701.168; |
|
(B) in a database designated under Section |
|
1701.169; and |
|
(C) if applicable, in a file provided to the |
|
commission under Section 1701.3035; and |
|
(2) file an application with the commission as |
|
provided by commission rule. |
|
(b) A person who appoints an officer or county jailer |
|
licensed by the commission shall notify the commission not later |
|
than the 30th day after the date of the appointment. If the person |
|
appoints an individual who previously served as an officer or |
|
county jailer and the appointment occurs after the 180th day after |
|
the last date of service as an officer or county jailer, the person |
|
must have on file for the license holder [officer or county jailer] |
|
in a form readily accessible to the commission: |
|
(1) new criminal history record information; |
|
(2) a new declaration of psychological and emotional |
|
health and lack of drug dependency or illegal drug use; and |
|
(3) new documentation that the license holder has been |
|
fingerprinted and subjected to a search of local, state, and |
|
national records and fingerprint files to disclose any criminal |
|
record of the license holder [two completed fingerprint cards]. |
|
(c) A person who appoints or employs a telecommunicator |
|
licensed by the commission shall notify the commission not later |
|
than the 30th day after the date of the appointment or employment. |
|
If the person appoints or employs an individual who previously |
|
served as a telecommunicator and the appointment or employment |
|
occurs after the 180th day after the last date of service as a |
|
telecommunicator, the person must have on file in a form readily |
|
accessible to the commission: |
|
(1) new criminal history record information; and |
|
(2) new documentation that the license holder has been |
|
fingerprinted and subjected to a search of local, state, and |
|
national records and fingerprint files to disclose any criminal |
|
record of the license holder [two completed fingerprint cards]. |
|
SECTION 12. Subchapter G, Chapter 1701, Occupations Code, |
|
is amended by adding Sections 1701.3035 and 1701.3135 to read as |
|
follows: |
|
Sec. 1701.3035. OUT-OF-STATE LICENSE HOLDERS. (a) Before |
|
issuing an officer license under this chapter to an applicant who |
|
holds or previously held an equivalent license in another state, |
|
the commission must request from the licensing authority of the |
|
other state the personnel file and any other relevant record |
|
regarding the applicant. |
|
(b) An applicant for an officer license may not be denied a |
|
license for the sole reason that the licensing authority of another |
|
state did not provide a record requested by the commission under |
|
this section. |
|
Sec. 1701.3135. DISQUALIFICATION: REVOCATION OR SUSPENSION |
|
IN ANOTHER STATE. A person is disqualified to be an officer, and |
|
the commission may not issue an officer license to the person, if |
|
the person has been issued a license or other authorization to act |
|
as an officer in another state and, at the time the person applies |
|
for a license in this state, that license or authorization is |
|
revoked or suspended for a reason that would be grounds for the |
|
commission to revoke or suspend a license in this state. |
|
SECTION 13. Section 1701.404(b), Occupations Code, is |
|
amended to read as follows: |
|
(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: |
|
(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 14. 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, as described by |
|
Section 1701.4535, and other employee records from each previous |
|
law enforcement agency employer, including the employment |
|
application submitted to the previous employer; |
|
(ii) employment termination reports and |
|
misconduct investigation 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 and, if applicable, a file |
|
or record obtained by the commission under Section 1701.3035. |
|
SECTION 15. Subchapter J, Chapter 1701, Occupations Code, |
|
is amended by adding Section 1701.4522 to read as follows: |
|
Sec. 1701.4522. MISCONDUCT INVESTIGATION AND HIRING |
|
PROCEDURES. (a) The commission shall adopt a model policy |
|
establishing procedures applicable to a law enforcement agency: |
|
(1) investigating alleged misconduct by a license |
|
holder employed by the agency; and |
|
(2) hiring a license holder. |
|
(b) The policy adopted under this section must: |
|
(1) require a law enforcement agency to: |
|
(A) initiate an appropriate administrative or |
|
criminal investigation into alleged misconduct of a license holder |
|
employed by the law enforcement agency at the time the agency |
|
becomes aware of the alleged misconduct; |
|
(B) complete the investigation described by |
|
Paragraph (A) in a timely manner, as prescribed by the commission; |
|
(C) report an investigation into alleged |
|
criminal misconduct for which criminal charges are filed against |
|
the license holder to the commission in a timely manner after the |
|
investigation is completed; |
|
(D) complete an administrative investigation of |
|
alleged misconduct and prepare and submit to the commission a |
|
summary report on the investigation, including the disposition of |
|
the investigation and any informational findings, in a format |
|
prescribed by the commission, in a timely manner but not later than |
|
the 30th day after the date of the license holder's separation from |
|
the agency, if applicable; |
|
(E) include documentation of the completed |
|
investigation in the personnel file, as described by Section |
|
1701.4535, of the license holder maintained by the agency; and |
|
(F) submit to the commission each report of a |
|
completed investigation; |
|
(2) provide that an investigation into the alleged |
|
misconduct of a license holder may not be terminated by the |
|
resignation, retirement, termination, death, or separation from |
|
employment of the license holder; |
|
(3) specify that a license holder under investigation |
|
for misconduct is entitled to any internal due process procedures |
|
provided by the investigating agency to contest the investigation |
|
or completed report; |
|
(4) require a law enforcement agency to request and |
|
review any information regarding an applicant for employment |
|
maintained by the commission in the licensing status database |
|
established under Section 1701.168 as part of the preemployment |
|
procedures required under Section 1701.451(a); |
|
(5) establish a provisional hiring period of at least |
|
45 days for any license holder employed by a law enforcement agency |
|
and allow a law enforcement agency to terminate the employment of |
|
the license holder if information relating to an investigation of |
|
alleged misconduct by the license holder is made available to the |
|
agency by the commission as part of the preemployment procedures |
|
required under Section 1701.451(a) within the provisional period; |
|
and |
|
(6) take into account the variation in size, function, |
|
and jurisdiction of law enforcement agencies in this state. |
|
(c) A law enforcement agency shall adopt the model policy |
|
described by Subsection (a) or a substantively similar policy. A |
|
policy adopted by a law enforcement agency under this section must |
|
be submitted to the commission and the commission shall maintain a |
|
copy of the policy. |
|
(d) The commission shall maintain each report received |
|
under a policy adopted under this section as part of the license |
|
holder's record in the licensing status database established under |
|
Section 1701.168. |
|
(e) The commission shall notify a law enforcement agency |
|
seeking to appoint a license holder of a completed investigation |
|
report submitted to the commission with respect to the license |
|
holder not later than the fifth business day after the date the |
|
commission receives the report. |
|
SECTION 16. 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 17. Subchapter J, Chapter 1701, Occupations Code, |
|
is amended by adding Section 1701.4535 to read as follows: |
|
Sec. 1701.4535. PERSONNEL FILE. (a) The commission shall |
|
adopt a model policy regarding personnel files maintained with |
|
respect to a license holder. The policy must: |
|
(1) require the head of a law enforcement agency or the |
|
head's designee to maintain a personnel file on each license holder |
|
employed by the agency that contains any letter, memorandum, or |
|
document relating to: |
|
(A) a commendation, congratulation, or honor |
|
bestowed on the license holder by a member of the public or by the |
|
employing agency for an action, duty, or activity that relates to |
|
the license holder's official duties; |
|
(B) any misconduct by the license holder if the |
|
letter, memorandum, or document is from the employing agency and |
|
the misconduct resulted in disciplinary action by the employing |
|
agency; and |
|
(C) the periodic evaluation of the license holder |
|
by a supervisor; and |
|
(2) provide that: |
|
(A) a letter, memorandum, or document relating to |
|
alleged misconduct by the license holder may not be placed in the |
|
license holder's personnel file if the employing agency determines |
|
that there is insufficient evidence to sustain the charge of |
|
misconduct; |
|
(B) if a negative letter, memorandum, document, |
|
or other notation of negative impact is included in a license |
|
holder's personnel file: |
|
(i) the agency head or the head's designee |
|
shall, not later than the 30th day after the date of the inclusion, |
|
notify the affected license holder by certified mail; and |
|
(ii) the license holder may, on or before |
|
the 30th day after the date of receipt of the notification, file a |
|
written response to the negative letter, memorandum, document, or |
|
other notation; |
|
(C) information contained in a license holder's |
|
personnel file may not be released without the license holder's |
|
written permission, unless the release is required by law; |
|
(D) a license holder is entitled, on request, to |
|
a copy of any letter, memorandum, or document placed in the license |
|
holder's personnel file; and |
|
(E) an employing agency may charge the license |
|
holder a reasonable fee not to exceed the actual cost of any copies |
|
described by Paragraph (D). |
|
(b) A law enforcement agency shall adopt the model policy |
|
described by Subsection (a) or a substantively similar policy. A |
|
policy adopted by a law enforcement agency under this section must |
|
be submitted to the commission, and the commission shall maintain a |
|
copy of the policy. |
|
(c) Except as provided by Subsections (d) and (e), a law |
|
enforcement agency may not release any information contained in a |
|
license holder's personnel file to any other agency or person |
|
requesting information relating to the license holder unless |
|
required by law. The agency shall refer the person or agency |
|
requesting the information to the agency head or the head's |
|
designee. |
|
(d) A law enforcement agency shall provide a license |
|
holder's personnel file to the commission: |
|
(1) not later than the 30th day after the date the |
|
license holder separates from the agency; or |
|
(2) on request by the commission as part of an ongoing |
|
investigation relating to the license holder. |
|
(e) As provided by Section 1701.451, a law enforcement |
|
agency hiring a license holder is entitled to view the contents of |
|
the license holder's personnel file. |
|
SECTION 18. 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 19. The heading to Subchapter K, Chapter 1701, |
|
Occupations Code, is amended to read as follows: |
|
SUBCHAPTER K. DISCIPLINARY GROUNDS AND PROCEDURES |
|
SECTION 20. Section 1701.501, Occupations Code, is amended |
|
by adding Subsection (a-1) to read as follows: |
|
(a-1) Except with respect to an officer elected under the |
|
Texas Constitution, the commission shall revoke or suspend a law |
|
enforcement agency's authority to employ a license holder, place on |
|
probation an agency whose authority to employ a license holder has |
|
been suspended, or reprimand a law enforcement agency for a |
|
violation described by Subsection (a). |
|
SECTION 21. 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 22. 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 23. (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 24. (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; |
|
(2) adopt the model policies required by Sections |
|
1701.167, 1701.171, 1701.4522, and 1701.4535, Occupations Code, as |
|
added by this Act; |
|
(3) establish the licensing status database as |
|
required by Section 1701.168, Occupations Code, as added by this |
|
Act; |
|
(4) designate the databases required by Sections |
|
1701.169 and 1701.170, Occupations Code, as added by this Act; and |
|
(5) establish a date by which each law enforcement |
|
agency in this state shall adopt the policies required by Sections |
|
1701.167, 1701.171, 1701.4522, and 1701.4535, 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 |
|
personal service reports as required by Section 1701.205, |
|
Occupations Code, as added by this Act. |
|
SECTION 25. Sections 1701.303 and 1701.451(a), Occupations |
|
Code, as amended by this Act, and Section 1701.3035, Occupations |
|
Code, as added by this Act, apply only with respect to a person |
|
hired on or after March 1, 2024. A person hired before March 1, |
|
2024, 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 26. The changes in law made by this Act to |
|
Subchapter J, Chapter 1701, Occupations Code, apply only to a |
|
report required to be submitted under Section 1701.452, Occupations |
|
Code, as amended by this Act, regarding a separation of a license |
|
holder that occurs on or after March 1, 2024. A separation that |
|
occurs before March 1, 2024, 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 27. Section 1701.3135, Occupations Code, as added |
|
by this Act, applies only to an application for an officer license |
|
submitted under Chapter 1701, Occupations Code, on or after the |
|
effective date of this Act. An application submitted before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the application was submitted, and the former law is continued |
|
in effect for that purpose. |
|
SECTION 28. Section 1701.501(a-1), Occupations Code, as |
|
added by this Act, applies only to conduct that occurs on or after |
|
the effective date of this Act. Conduct that occurs before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the conduct occurred, and the former law is continued in effect |
|
for that purpose. |
|
SECTION 29. This Act takes effect September 1, 2023. |