Bill Text: TX HB1725 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the procedures to modify employment termination reports for law enforcement officers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-03 - Left pending in committee [HB1725 Detail]
Download: Texas-2013-HB1725-Introduced.html
83R6779 EES-F | ||
By: Bohac | H.B. No. 1725 |
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relating to the procedures to modify employment termination reports | ||
for law enforcement officers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 1701.4525, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 1701.4525. PETITION FOR MODIFICATION [ |
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REPORT; HEARING[ |
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SECTION 2. 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 the category of discharge stated [ |
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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 modification [ |
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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 the category of discharge stated | ||
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case under Chapter 2001, Government Code. | ||
(e) In a proceeding to contest the category of discharge | ||
stated [ |
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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 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 issue a final order directing the | ||
commission, through the executive director, to prepare and sign a | ||
modified report in accordance with the final order. The commission | ||
shall replace the contested report with the modified report in the | ||
records maintained by the commission under this subchapter [ |
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SECTION 3. Section 1701.4525(e-1), Occupations Code, is | ||
repealed. | ||
SECTION 4. The changes in law made by this Act to Section | ||
1701.4525, Occupations Code, apply only to a petition for the | ||
modification of an employment termination report submitted on or | ||
after the effective date of this Act. A petition submitted before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the petition was submitted, and the former law is continued | ||
in effect for that purpose. | ||
SECTION 5. The repeal by this Act of Section | ||
1701.4525(e-1), Occupations Code, does not affect the validity of a | ||
proceeding initiated or an administrative penalty imposed under | ||
that section before the effective date of this Act. A proceeding | ||
initiated or an administrative penalty imposed under that section | ||
before the effective date of this Act 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 6. This Act takes effect September 1, 2013. |