Bill Text: TX SB1268 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to an employment termination report and other records submitted to the Texas Commission on Law Enforcement by a law enforcement agency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-18 - Referred to Jurisprudence [SB1268 Detail]

Download: Texas-2021-SB1268-Introduced.html

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87R2949 MAW-F
By: West S.B. No. 1268

A BILL TO BE ENTITLED
AN ACT
relating to an employment termination report and other records
submitted to the Texas Commission on Law Enforcement by a law
enforcement agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.451(c), Occupations Code, is
amended to read as follows:
(c) If the commission receives from a law enforcement agency
a request that complies with Subsections (a)(1) and (b), the
commission [employee having the responsibility to maintain any
employment termination report regarding the person who is the
subject of the request] shall release the report to the agency.
SECTION 2. Sections 1701.452(a), (b), (d), and (g),
Occupations Code, are amended to read as follows:
(a) The head of a law enforcement agency or the head's
designee shall submit a report to the commission on a form
prescribed by the commission regarding a person licensed under this
chapter [who resigns or retires from employment with the law
enforcement agency, whose appointment with the law enforcement
agency is terminated, or] who separates from the law enforcement
agency for any [other] reason. The report must be submitted by the
head or the designee not later than the seventh business day after
the date the license holder:
(1) [resigns, retires, is terminated, or] separates
from the agency; and
(2) exhausts all administrative appeals available to
the license holder, if applicable.
(b) The head of a law enforcement agency or the head's
designee shall indicate [include] in the report required under
Subsection (a) [a statement on] whether the license holder was
suspected of misconduct, regardless of whether the license holder
was terminated for misconduct [honorably discharged, generally
discharged, or dishonorably discharged and, as required by the
commission, an explanation of the circumstances under which the
person resigned, retired, or was terminated]. For purposes of this
subsection, "misconduct" includes a license holder engaging in
criminal conduct, regardless of whether the license holder was
arrested for, charged with, or convicted of an offense [:
[(1) "Honorably discharged" means a license holder
who, while in good standing and not because of pending or final
disciplinary actions or a documented performance problem, retired,
resigned, or separated from employment with or died while employed
by a law enforcement agency.
[(2) "Generally discharged" means a license holder
who:
[(A) was terminated by, retired or resigned from,
or died while in the employ of a law enforcement agency and the
separation was related to a disciplinary investigation of conduct
that is not included in the definition of dishonorably discharged;
or
[(B) was terminated by or retired or resigned
from a law enforcement agency and the separation was for a
documented performance problem and was not because of a reduction
in workforce or an at-will employment decision.
[(3) "Dishonorably discharged" means a license holder
who:
[(A) was terminated by a law enforcement agency
or retired or resigned in lieu of termination by the agency in
relation to allegations of criminal misconduct; or
[(B) was terminated by a law enforcement agency
or retired or resigned in lieu of termination by the agency for
insubordination or untruthfulness].
(d) The head of the law enforcement agency from which a
license holder [resigns, retires, is terminated, or] separates for
reasons other than death, or the head's designee, shall provide to
the license holder a copy of the report. The report must be provided
to the license holder not later than the seventh business day after
the date the license holder:
(1) [resigns, retires, is terminated, or] separates
from the agency; and
(2) exhausts all administrative appeals available to
the license holder, if applicable.
(g) The head of a law enforcement agency or the head's
designee must submit a report under this section each time a person
licensed under this chapter [resigns, retires, is terminated, or]
separates for any [other] reason from the agency. The report is an
official government document.
SECTION 3. Sections 1701.4525(a), (d), and (e), Occupations
Code, are amended to read as follows:
(a) A person who is the subject of an employment termination
report maintained by the commission under this subchapter may
contest an indication under Section 1701.452(b) that the person was
suspected of misconduct [information] contained in the report by
submitting to the law enforcement agency and to the commission a
written petition on a form prescribed by the commission for a
correction of the report not later than the 30th day after the date
the person receives a copy of the report. On receipt of the
petition, the commission shall refer the petition to the State
Office of Administrative Hearings.
(d) A proceeding to contest an indication of misconduct
[information] in an employment termination report is a contested
case under Chapter 2001, Government Code.
(e) In a proceeding to contest an indication of misconduct
[information] in an employment termination report [for a report
based on alleged misconduct], an administrative law judge shall
determine if the alleged misconduct occurred by a preponderance of
the evidence regardless of whether the person who is the subject of
the report was terminated for the misconduct [or the person
resigned, retired, or separated in lieu of termination]. If the
alleged misconduct is not supported by a preponderance of the
evidence, the administrative law judge shall order the commission
to change the report. The commission shall send the changed report
to the law enforcement agency that prepared the original employment
termination report. The law enforcement agency shall replace the
original employment termination report with the changed report.
SECTION 4. The following provisions of the Occupations Code
are repealed:
(1) Section 1701.452(c);
(2) Section 1701.4521; and
(3) Section 1701.454.
SECTION 5. Not later than December 1, 2021, the Texas
Commission on Law Enforcement shall update the form for an
employment termination report as necessary to comply with Section
1701.452, Occupations Code, as amended by this Act.
SECTION 6. The changes in law made by this Act 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 December 1, 2021. A
separation that occurs before December 1, 2021, 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 7. This Act takes effect September 1, 2021.