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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 state correctional |
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officers and the employment of those officers; requiring an |
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occupational license. |
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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 (6-a) to read as follows: |
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(6-a) "State correctional officer" means a person |
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employed by the Texas Department of Criminal Justice and whose |
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primary responsibility is to supervise inmates within a |
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correctional facility. |
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SECTION 2. Section 1701.003(c), Occupations Code, is |
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amended to read as follows: |
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(c) This chapter does not prevent an employing agency from |
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establishing qualifications and standards for hiring or training |
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officers, state correctional officers, county jailers, or |
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telecommunicators that exceed the commission's minimum standards. |
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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 standards, for licensing as an officer, state |
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correctional 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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state correctional officers, telecommunicators, or county jailers |
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to submit reports and 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 1701.153(a), Occupations Code, is |
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amended to read as follows: |
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(a) The commission shall establish reporting standards and |
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procedures for: |
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(1) the appointment or employment and the termination |
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of officers, state correctional officers, county jailers, and |
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telecommunicators by law enforcement agencies; |
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(2) the activities of licensed training schools; and |
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(3) other matters the commission considers necessary |
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for the administration of this chapter. |
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SECTION 5. Section 1701.162, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) The commission is entitled to access records maintained |
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under Sections 1701.303, 1701.306, and 1701.310 by an agency hiring |
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a person to be an officer, state correctional officer, or county |
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jailer, including records that relate to age, education, physical |
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standards, citizenship, experience, and other matters relating to |
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competence and reliability, as evidence of qualification for |
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licensing of an officer, state correctional officer, or county |
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jailer. |
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(d) For purposes of this section, the Texas Department of |
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Criminal Justice is considered a law enforcement agency. |
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SECTION 6. Sections 1701.251(a) and (c), Occupations Code, |
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are amended to read as follows: |
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(a) The commission shall establish and maintain training |
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programs for officers, state correctional officers, county |
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jailers, and telecommunicators. The training shall be conducted by |
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the commission staff or by other agencies and institutions the |
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commission considers appropriate. |
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(c) The commission may: |
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(1) issue or revoke the license of a school operated by |
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or for this state or a political subdivision of this state |
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specifically for training officers, state correctional officers, |
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county jailers, recruits, or telecommunicators; |
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(2) operate schools and conduct preparatory, |
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in-service, basic, and advanced courses in the schools, as the |
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commission determines appropriate, for officers, state |
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correctional officers, county jailers, recruits, and |
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telecommunicators; |
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(3) issue a license to a person to act as a qualified |
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instructor under conditions that the commission prescribes; and |
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(4) consult and cooperate with a municipality, county, |
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special district, state agency or other governmental agency, or a |
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university, college, junior college, or other institution, |
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concerning the development of schools and training programs for |
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officers, state correctional officers, county jailers, and |
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telecommunicators. |
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SECTION 7. Sections 1701.254(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) The commission may visit and inspect a school conducting |
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a training course for officers, state correctional officers, county |
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jailers, telecommunicators, or recruits and make necessary |
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evaluations to determine if the school complies with this chapter |
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and commission rules. |
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(b) The commission shall develop a risk assessment method to |
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determine the relative performance of schools conducting training |
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courses for officers, state correctional officers, county jailers, |
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telecommunicators, or recruits. The commission shall base its |
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schedule for inspection of schools on the results of the risk |
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assessment. |
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SECTION 8. Section 1701.301, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.301. LICENSE REQUIRED. Except as provided by |
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Sections 1701.310, 1701.311, and 1701.405, a person may not appoint |
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or employ a person to serve as an officer, state correctional |
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officer, county jailer, school marshal, public security officer, or |
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telecommunicator unless the person holds an appropriate license |
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issued by the commission. |
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SECTION 9. Subchapter G, Chapter 1701, Occupations Code, is |
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amended by adding Sections 1701.3072 and 1701.3096 to read as |
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follows: |
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Sec. 1701.3072. ISSUANCE OF STATE CORRECTIONAL OFFICER |
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LICENSE. The commission shall issue a state correctional officer |
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license to a person who: |
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(1) submits an application; |
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(2) completes the training required under Section |
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1701.3096; |
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(3) passes the required examination; and |
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(4) meets any other requirement of this chapter and |
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the rules prescribed by the commission to qualify as a state |
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correctional officer. |
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Sec. 1701.3096. MINIMUM ELIGIBILITY FOR STATE CORRECTIONAL |
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OFFICER LICENSE. (a) To be eligible for a state correctional |
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officer license, a person must: |
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(1) have completed not less than 240 hours of training |
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as determined by the commission; |
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(2) be at least 18 years old; and |
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(3) hold a high school diploma or high school |
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equivalency certificate. |
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(b) A state correctional officer who holds a permanent |
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appointment on September 1, 2027, is not required to meet the |
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requirements of Section 1701.3072 or Subsection (a) as a condition |
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of continued employment in that position. |
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(c) The commission shall issue a state correctional officer |
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license to a person who holds a permanent appointment with the Texas |
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Department of Criminal Justice as a state correctional officer if |
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the person: |
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(1) submits an application for a license to the |
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commission under this section before September 1, 2027; and |
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(2) holds that position on the date the person submits |
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the application. |
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(d) The commission and the Texas Department of Criminal |
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Justice may enter into a memorandum of understanding to implement |
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Subsection (c). Subsection (c) and this subsection expire |
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September 1, 2028. |
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SECTION 10. Section 1701.401(c), Occupations Code, is |
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amended to read as follows: |
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(c) The commission shall adopt rules for issuing |
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achievement awards to peace officers, reserve peace officers, state |
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correctional officers, county jailers, custodial officers, or |
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telecommunicators who are licensed by the commission. The |
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commission's rules shall require recommendations from an elected |
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official of this state or a political subdivision, an administrator |
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of a law enforcement agency, or a person holding a license issued by |
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the commission. |
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SECTION 11. Sections 1701.404(b) and (c), Occupations Code, |
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are amended to read as follows: |
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(b) The commission may certify a sheriff, sheriff's deputy, |
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constable, other peace officer, state correctional officer, county |
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jailer, or justice of the peace as a special officer for offenders |
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with mental impairments if the person: |
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(1) completes a training course in emergency first aid |
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and lifesaving techniques approved by the commission; |
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(2) completes a training course administered by the |
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commission on mental health issues and offenders with mental |
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impairments; and |
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(3) passes an examination administered by the |
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commission that is designed to test the person's: |
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(A) knowledge and recognition of the |
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characteristics and symptoms of mental illness, intellectual |
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disabilities, and developmental disabilities; and |
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(B) knowledge of mental health crisis |
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intervention strategies for people with mental impairments. |
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(c) The commission may issue a professional achievement or |
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proficiency certificate to an officer, state correctional officer, |
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county jailer, or justice of the peace who meets the requirements of |
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Subsection (b). |
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SECTION 12. Section 1701.451, Occupations Code, is amended |
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by adding Subsection (g) to read as follows: |
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(g) For purposes of this section, the Texas Department of |
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Criminal Justice is considered a law enforcement agency. |
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SECTION 13. Section 1701.4522, Occupations Code, is amended |
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by adding Subsection (f) to read as follows: |
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(f) For purposes of this section, the Texas Department of |
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Criminal Justice is considered a law enforcement agency. |
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SECTION 14. Section 1701.551(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person appoints or |
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retains another person as an officer, state correctional officer, |
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county jailer, or telecommunicator in violation of Section |
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1701.301, 1701.303, 1701.306, or 1701.405. |
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SECTION 15. Not later than March 1, 2027, the Texas |
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Commission on Law Enforcement shall adopt rules, standards, and |
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procedures necessary to implement Chapter 1701, Occupations Code, |
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as amended by this Act. |
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SECTION 16. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2026. |
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(b) Sections 1701.301 and 1701.551(a), Occupations Code, as |
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amended by this Act, take effect September 1, 2027. |