By: Harless H.B. No. 4614

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of state correctional officers; requiring an occupational license.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1701.001, Occupations Code, is amended by adding Subdivision (6-a) to read as follows:

(6-a) "State correctional officer" means a person employed by the Texas Department of Criminal Justice and whose primary responsibility is to supervise inmates within a correctional facility.

SECTION 2. Section 1701.003(c), Occupations Code, is amended to read as follows:

(c) This chapter does not prevent an employing agency from establishing qualifications and standards for hiring or training officers, state correctional officers, county jailers, or telecommunicators that exceed the commission's minimum standards.

SECTION 3. Section 1701.151, Occupations Code, is amended to read as follows:

Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING AUTHORITY. The commission may:

(1) adopt rules for the administration of this chapter and for the commission's internal management and control;

(2) establish minimum standards relating to competence and reliability, including education, training, physical, and mental standards, for licensing as an officer, state correctional officer, county jailer, public security officer, or telecommunicator;

(3) report to the governor and legislature on the commission's activities, with recommendations on matters under the commission's jurisdiction, and make other reports that the commission considers desirable;

(4) require a state agency or a county, special district, or municipality in this state that employs officers, state correctional officers, telecommunicators, or county jailers to submit reports and information;

(5) contract as the commission considers necessary for services, facilities, studies, and reports required for:

(A) cooperation with municipal, county, special district, state, and federal law enforcement agencies in training programs; and

(B) performance of the commission's other functions; and

(6) conduct research and stimulate research by public and private agencies to improve law enforcement and police administration.

SECTION 4. Section 1701.153(a), Occupations Code, is amended to read as follows:

(a) The commission shall establish reporting standards and procedures for:

(1) the appointment or employment and the termination of officers, state correctional officers, county jailers, and telecommunicators by law enforcement agencies;

(2) the activities of licensed training schools; and

(3) other matters the commission considers necessary for the administration of this chapter.

SECTION 5. Section 1701.251, Occupations Code, is amended by amending Subsections (a) and (c) and adding Subsection (d) to read as follows:

(a) The commission shall establish and maintain training programs for officers, state correctional officers, county jailers, and telecommunicators. The training shall be conducted by the commission staff or by other agencies and institutions the commission considers appropriate.

(c) The commission may:

(1) issue or revoke the license of a school operated by or for this state or a political subdivision of this state specifically for training officers, state correctional officers, county jailers, recruits, or telecommunicators;

(2) operate schools and conduct preparatory, in-service, basic, and advanced courses in the schools, as the commission determines appropriate, for officers, state correctional officers, county jailers, recruits, and telecommunicators;

(3) issue a license to a person to act as a qualified instructor under conditions that the commission prescribes; and

(4) consult and cooperate with a municipality, county, special district, state agency or other governmental agency, or a university, college, junior college, or other institution, concerning the development of schools and training programs for officers, state correctional officers, county jailers, and telecommunicators.

SECTION 6. Sections 1701.254(a) and (b), Occupations Code, are amended to read as follows:

(a) The commission may visit and inspect a school conducting a training course for officers, state correctional officers, county jailers, telecommunicators, or recruits and make necessary evaluations to determine if the school complies with this chapter and commission rules.

(b) The commission shall develop a risk assessment method to determine the relative performance of schools conducting training courses for officers, state correctional officers, county jailers, telecommunicators, or recruits. The commission shall base its schedule for inspection of schools on the results of the risk assessment.

SECTION 7. Section 1701.301, Occupations Code, is amended to read as follows:

Sec. 1701.301. LICENSE REQUIRED. Except as provided by Sections 1701.310, 1701.311, and 1701.405, a person may not appoint or employ a person to serve as an officer, state correctional officer, county jailer, school marshal, public security officer, or telecommunicator unless the person holds an appropriate license issued by the commission.

SECTION 8. Subchapter G, Chapter 1701, Occupations Code, is amended by adding Sections 1701.3072 and 1701.3096 to read as follows:

Sec. 1701.3072. ISSUANCE OF STATE CORRECTIONAL OFFICER LICENSE. The commission shall issue a state correctional officer license to a person who:

(1) submits an application;

(2) completes the training required under Section 1701.3096;

(3) passes the required examination; and

(4) meets any other requirement of this chapter and the rules prescribed by the commission to qualify as a state correctional officer.

Sec. 1701.3096. MINIMUM ELIGIBILITY FOR STATE CORRECTIONAL OFFICER LICENSE. (a) To be eligible for a state correctional officer license, a person must:

(1) have completed not less than 240 hours of training as determined by the commission;

(2) be at least 18 years old; and

(3) hold a high school diploma or high school equivalency certificate.

(b) A state correctional officer who holds a permanent appointment on September 1, 2026, is not required to meet the requirements of Subsection (a) as a condition of continued employment in that position.

(c) The commission shall issue a state correctional officer license to a person who holds a permanent appointment with the Texas Department of Criminal Justice as a state correctional officer if the person:

(1) submits an application for a license to the commission under this section before September 1, 2026; and

(2) holds that position on the date the person submits the application.

(d) The commission and the Texas Department of Criminal Justice may enter into a memorandum of understanding to implement Subsection (c). Subsection (c) and this subsection expire September 1, 2027.

SECTION 9. Section 1701.401(c), Occupations Code, is amended to read as follows:

(c) The commission shall adopt rules for issuing achievement awards to peace officers, reserve peace officers, state correctional officers, county jailers, [custodial officers,] or telecommunicators who are licensed by the commission. The commission's rules shall require recommendations from an elected official of this state or a political subdivision, an administrator of a state agency or law enforcement agency, or a person holding a license issued by the commission.

SECTION 10. Section 1701.551(a), Occupations Code, is amended to read as follows:

(a) A person commits an offense if the person appoints or retains another person as an officer, state correctional officer, county jailer, or telecommunicator in violation of Section 1701.301, 1701.303, 1701.306, or 1701.405.

SECTION 11. Not later than March 1, 2026, the Texas Commission on Law Enforcement shall adopt rules, standards, and procedures necessary to implement Chapter 1701, Occupations Code, as amended by this Act.

SECTION 12. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2025.

(b) Sections 1701.301 and 1701.551(a), Occupations Code, as amended by this Act, take effect September 1, 2026.