Bill Text: TX SB1445 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the continuation and functions of the Texas Commission on Law Enforcement; authorizing a fee.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB1445 Detail]

Download: Texas-2023-SB1445-Comm_Sub.html

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88R29254 SCP-D
By: Paxton, et al. S.B. No. 1445
(Goldman)
Substitute the following for S.B. No. 1445: No.

A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Commission
on Law Enforcement; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.001, Occupations Code, is amended
by adding Subdivision (2-a) to read as follows:
(2-a) "Misconduct" means:
(A) a violation of law; or
(B) any of the following that have been sustained
by a law enforcement agency employing a license holder:
(i) a violation of a law enforcement agency
policy for which the agency may suspend, demote, or terminate a
license holder's employment; or
(ii) an allegation of untruthfulness
against a license holder.
SECTION 2. Section 1701.002, Occupations Code, is amended
to read as follows:
Sec. 1701.002. APPLICATION OF SUNSET ACT. The Texas
Commission on Law Enforcement is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the commission is abolished and this chapter
expires September 1, 2031 [2023].
SECTION 3. Section 1701.059, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing [legislation that created the]
commission operations;
(2) the programs, functions, rules, and budget of the
commission;
(3) the scope of and limitations on the rulemaking
authority of the commission;
(4) the results of the most recent formal audit of the
commission;
(5) [(4)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of a state
policy-making body in performing their duties; and
(6) [(5)] any applicable ethics policies adopted by
the commission or the Texas Ethics Commission.
(d) The executive director of the commission shall create a
training manual that includes the information required by
Subsection (b). The executive director shall distribute a copy of
the training manual annually to each member of the commission. Each
commission member shall sign and submit to the executive director a
statement acknowledging that the member received and has reviewed
the training manual.
SECTION 4. 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[, and moral] standards, for licensing as an
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,
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 5. Section 1701.163, Occupations Code, is amended
to read as follows:
Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT
AGENCIES [INFORMATION PROVIDED BY COMMISSIONING ENTITIES]. [(a)
This section applies only to an entity authorized by statute or by
the constitution to create a law enforcement agency or police
department and commission, appoint, or employ officers that first
creates a law enforcement agency or police department and first
begins to commission, appoint, or employ officers on or after
September 1, 2009.
[(b)] The [entity shall submit to the] commission, with
input from an advisory committee, shall by rule establish minimum
standards with respect to the creation or continued operation of a
law enforcement agency based on the function, size, and
jurisdiction of the agency, including [on creation of the law
enforcement agency or police department information regarding]:
(1) a determination regarding the public benefit of
creating the [need for the law enforcement] agency [or police
department] in the community;
(2) the sustainable funding sources for the [law
enforcement] agency [or police department];
(3) the physical resources available to officers,
including:
(A) all standard duty firearms;
(B) less lethal force weapons, including a
requirement of at least one per officer on duty;
(C) effective communications equipment;
(D) protective equipment, including a
requirement of at least one bullet-resistant vest per officer on
duty;
(E) officer uniforms; and
(F) patrol vehicles and associated equipment;
(4) the physical facilities of [that] the [law
enforcement] agency [or police department will operate], including
any [descriptions of the] evidence room, dispatch area, or [and]
public area;
(5) the [law enforcement] policies of the [law
enforcement] agency [or police department], including policies on:
(A) use of force;
(B) vehicle pursuit;
(C) professional conduct of officers;
(D) domestic abuse protocols;
(E) response to missing persons;
(F) supervision of part-time officers; [and]
(G) impartial policing;
(H) active shooters; and
(I) barricaded subjects;
(6) the administrative structure of the [law
enforcement] agency [or police department];
(7) liability insurance; and
(8) any other standard [information] the commission
considers necessary [requires by rule].
SECTION 6. Subchapter D, Chapter 1701, Occupations Code, is
amended by adding Sections 1701.165, 1701.166, 1701.167, 1701.168,
1701.169, 1701.170, and 1701.171 to read as follows:
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
commission.
(b) In establishing an advisory committee under this
section, the commission shall adopt rules, including rules
regarding:
(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;
(5) terms of service for members;
(6) training requirements for members;
(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
any provision of Chapter 551, Government Code, applicable to the
commission or the committee.
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.
(c) Venue for an action brought under Subsection (b) is in a
district court in:
(1) Travis County; or
(2) any county in which the commission may conduct a
hearing.
(d) The court shall order compliance with the subpoena if
the court finds that good cause exists to issue the subpoena.
Sec. 1701.167. POLICY REGARDING EXAMINATION OF LICENSE
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.
(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.