Bill Text: TX HB1811 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to hearings conducted by the Texas Commission on Law Enforcement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-21 - Left pending in committee [HB1811 Detail]
Download: Texas-2017-HB1811-Introduced.html
85R7026 MAW-D | ||
By: Turner | H.B. No. 1811 |
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relating to hearings conducted by the Texas Commission on Law | ||
Enforcement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 1701, Occupations Code, is | ||
amended by adding Section 1701.1025 to read as follows: | ||
Sec. 1701.1025. HEARINGS OFFICERS. The commission shall | ||
employ one or more hearings officers to conduct hearings required | ||
by this chapter. | ||
SECTION 2. Sections 1701.4525(a), (e), and (g), 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 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. [ |
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(e) In a proceeding to contest information in an employment | ||
termination report for a report based on alleged misconduct, the | ||
commission [ |
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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 commission [ |
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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. | ||
(g) The commission is not considered a party in a proceeding | ||
conducted [ |
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this section. | ||
SECTION 3. Section 1701.504, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1701.504. HEARING. (a) Except as provided by Sections | ||
1701.502 and 1701.503, if the commission proposes to suspend or | ||
revoke a person's license, the person is entitled to a hearing | ||
conducted by the commission [ |
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(b) If the commission proposes to refuse to renew a person's | ||
license, the person is entitled to a hearing conducted by the | ||
commission [ |
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SECTION 4. Section 1701.505(b), Occupations Code, is | ||
repealed. | ||
SECTION 5. The change in law made by this Act applies only | ||
to a proceeding under Chapter 1701, Occupations Code, that | ||
commences on or after the effective date of this Act. A proceeding | ||
that commences before the effective date of this Act is governed by | ||
the law in effect on the date the proceeding commenced, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2017. |