Bill Text: TX SB711 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the continuation and functions of the Texas Commission on Law Enforcement.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2021-03-18 - Referred to Jurisprudence [SB711 Detail]
Download: Texas-2021-SB711-Introduced.html
87R6291 JCG-D | ||
By: Paxton, et al. | S.B. No. 711 |
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relating to the continuation and functions of the Texas Commission | ||
on Law Enforcement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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, 2023 [ |
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SECTION 2. 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 [ |
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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) [ |
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(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) [ |
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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 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[ |
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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 4. Subchapter D, Chapter 1701, Occupations Code, is | ||
amended by adding Sections 1701.165, 1701.166, and 1701.167 to read | ||
as follows: | ||
Sec. 1701.165. ADVISORY COMMITTEES. (a) The commission | ||
may appoint advisory committees to perform advisory functions as | ||
determined by the commission. | ||
(b) A member of an advisory committee who is not a member of | ||
the commission may not receive compensation for service on the | ||
committee. The member may receive reimbursement for actual and | ||
necessary expenses incurred in performing committee functions as | ||
provided by Section 2110.004, Government Code. | ||
(c) A member of an advisory committee serves at the will of | ||
the commission. | ||
Sec. 1701.166. SUBPOENA. (a) The commission may request | ||
and, if necessary, compel by subpoena the production for inspection | ||
or copying of records, documents, and other evidence relevant to | ||
the investigation of an alleged violation of this chapter or a | ||
commission rule, other than a document described by Section | ||
1701.457. | ||
(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. EXAMINATION OF LICENSE HOLDER. (a) The | ||
commission shall adopt rules specifying the circumstances under | ||
which the commission may request that a license holder submit to an | ||
examination described by Section 1701.306 by a psychologist, | ||
psychiatrist, or physician selected by the commission to determine | ||
whether the license holder continues to meet the standards required | ||
by that section. | ||
(b) If the license holder refuses to submit to the | ||
examination, the commission shall issue an order requiring the | ||
person to show cause for the person's refusal at a hearing on the | ||
order scheduled for not later than the 30th day after the date | ||
notice is served on the person. The commission shall provide notice | ||
under this section by personal service or by registered mail, | ||
return receipt requested. | ||
(c) At the hearing, the person may appear in person and by | ||
counsel and present evidence to justify the person's refusal to | ||
submit to examination. After the hearing, the commission shall | ||
issue an order requiring the person to submit to an examination | ||
under this section or withdrawing the request for the examination. | ||
(d) Unless the request is withdrawn, the commission may | ||
suspend the license of a person who refuses to submit to the | ||
examination. | ||
(e) An appeal from the commission's order under this section | ||
is governed by Chapter 2001, Government Code. | ||
(f) If the results of an examination under this section show | ||
that the person does not meet the standards of Section 1701.306(a), | ||
the commission shall suspend the person's license. | ||
(g) 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 Section 1701.306(a), are confidential and not subject | ||
to disclosure under Chapter 552, Government Code. | ||
SECTION 5. 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 [ |
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license holder is entitled to [ |
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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 6. Sections 1701.203(a) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(a) The commission shall maintain a system to promptly and | ||
efficiently act on [ |
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commission. The commission shall maintain information about | ||
parties to the complaint, the subject matter of the complaint, a | ||
summary of the results of the review or investigation of the | ||
complaint, and its disposition. | ||
(c) The commission shall periodically notify the complaint | ||
parties [ |
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final disposition unless the notice would jeopardize an | ||
investigation. | ||
SECTION 7. Sections 1701.303(b) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(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 officer or county jailer, in a form | ||
readily accessible to the commission, [ |
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[ |
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[ |
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health and lack of drug dependency or illegal drug use[ |
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[ |
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(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. | ||
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SECTION 8. Subchapter G, Chapter 1701, Occupations Code, is | ||
amended by adding Section 1701.3065 to read as follows: | ||
Sec. 1701.3065. CRIMINAL HISTORY RECORD INFORMATION FOR | ||
LICENSE ISSUANCE. (a) The commission shall require that an | ||
applicant for a license submit a complete and legible set of | ||
fingerprints, on a form prescribed by the commission, to the | ||
commission or to the Department of Public Safety for the purpose of | ||
obtaining criminal history record information from the Department | ||
of Public Safety and the Federal Bureau of Investigation. | ||
(b) The commission may not issue a license to a person who | ||
does not comply with the requirement of Subsection (a). | ||
(c) The commission shall conduct a criminal history record | ||
information check of each applicant for a license using | ||
information: | ||
(1) provided by the individual under this section; and | ||
(2) made available by the Department of Public Safety, | ||
the Federal Bureau of Investigation, and any other criminal justice | ||
agency under Chapter 411, Government Code. | ||
(d) The commission may: | ||
(1) enter into an agreement with the Department of | ||
Public Safety to administer a criminal history record information | ||
check required under this section; and | ||
(2) authorize the Department of Public Safety to | ||
collect from each applicant the costs incurred by the Department of | ||
Public Safety in conducting the criminal history record information | ||
check. | ||
SECTION 9. 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 [ |
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disabilities; and | ||
(B) knowledge of mental health crisis | ||
intervention strategies for people with mental impairments. | ||
SECTION 10. The heading to Subchapter K, Chapter 1701, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER K. DISCIPLINARY GROUNDS AND PROCEDURES | ||
SECTION 11. 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 set the time and place for a | ||
hearing to be conducted not later than the 10th day after the date | ||
the order was issued. 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 12. Chapter 1701, Occupations Code, is amended by | ||
adding Subchapter P to read as follows: | ||
SUBCHAPTER P. PANEL TO REVIEW LAW ENFORCEMENT REGULATION | ||
Sec. 1701.721. DEFINITION. In this subchapter, "panel" | ||
means the panel established under Section 1701.722. | ||
Sec. 1701.722. PANEL ESTABLISHED; COMPOSITION. (a) A | ||
panel to study the regulation of persons licensed under this | ||
chapter and the entities authorized by law to employ those persons | ||
is established. The panel consists of the following 17 members: | ||
(1) nine members who are knowledgeable on criminal | ||
justice matters, including law enforcement personnel, | ||
representatives of victims' rights groups, educators, judges, and | ||
local elected officials, appointed as follows: | ||
(A) three members appointed by the governor; | ||
(B) three members appointed by the lieutenant | ||
governor; and | ||
(C) three members appointed by the speaker of the | ||
house of representatives; | ||
(2) three members who represent the public, one | ||
appointed by the governor, one appointed by the lieutenant | ||
governor, and one appointed by the speaker of the house of | ||
representatives; | ||
(3) the chair of the Senate Committee on Criminal | ||
Justice; | ||
(4) the chair of the House Committee on Homeland | ||
Security and Public Safety; | ||
(5) the chair of the board of the Texas District and | ||
County Attorneys Association or the chair's designee; and | ||
(6) as nonvoting members: | ||
(A) the executive director of the commission; and | ||
(B) the attorney general or the attorney | ||
general's designee. | ||
(b) In appointing members of the panel under Subsection | ||
(a)(1), the governor, lieutenant governor, and speaker of the house | ||
of representatives shall each appoint: | ||
(1) one representative of a rural county or a small | ||
municipality; and | ||
(2) one representative of a law enforcement agency. | ||
(c) The governor shall designate a chair and vice chair of | ||
the panel. The panel shall meet at the call of the chair. | ||
Sec. 1701.723. ADVISORY COMMITTEES. The panel may | ||
establish one or more advisory committees to assist the panel in its | ||
duties under this subchapter. Advisory committee members may | ||
include any person with knowledge or experience relevant to the | ||
study conducted under Section 1701.729. | ||
Sec. 1701.724. OPEN MEETINGS; PUBLIC HEARINGS. (a) The | ||
panel, and any advisory committee established by the panel, is | ||
subject to Chapter 551, Government Code. | ||
(b) Notwithstanding Chapter 551, Government Code, or any | ||
other law, the panel and any advisory committee may meet by | ||
telephone conference call, videoconference, or other similar | ||
telecommunication method. A meeting held under this subsection by | ||
telephone conference call, videoconference, or other similar | ||
telecommunication method is subject to the requirements of Sections | ||
551.125(c)-(f), Government Code. | ||
(c) The panel shall hold a public hearing at least once | ||
every month to solicit testimony and provide information to the | ||
public regarding the work of the panel. | ||
Sec. 1701.725. CONFIDENTIALITY OF CERTAIN DOCUMENTS. | ||
Preliminary drafts of the final report and legislative | ||
recommendations, memoranda of panel members expressing opinions, | ||
formulations, or recommendations, and panel members' notes and | ||
correspondence with individuals who are not panel members are | ||
confidential and not subject to disclosure under Chapter 552, | ||
Government Code. | ||
Sec. 1701.726. SUBPOENA. (a) The panel may issue a | ||
subpoena as provided by this section. | ||
(b) The panel may request and, if necessary, compel by | ||
subpoena: | ||
(1) the production for inspection and copying of | ||
documents and other records relevant to the panel's duties under | ||
this subchapter; and | ||
(2) the attendance of a witness for examination under | ||
oath. | ||
(c) A subpoena under this section may be issued throughout | ||
this state and may be served by any person designated by the panel. | ||
(d) The panel, acting through the attorney general, may | ||
bring an action to enforce a subpoena issued under this section | ||
against a person who fails to comply with the subpoena. | ||
(e) Venue for an action brought under this section is in a | ||
district court in: | ||
(1) Travis County; or | ||
(2) any county in which the commission may conduct a | ||
hearing. | ||
(f) The court shall order compliance with the subpoena if | ||
the court finds that good cause exists to issue the subpoena. | ||
Sec. 1701.727. REIMBURSEMENT. A member of the panel or an | ||
advisory committee of the panel is not entitled to compensation for | ||
service on the panel or on an advisory committee of the panel but | ||
may be reimbursed for travel and other reasonable and necessary | ||
expenses incurred in connection with the member's service on the | ||
panel or advisory committee as provided by the General | ||
Appropriations Act. | ||
Sec. 1701.728. ASSISTANCE BY COMMISSION. The commission | ||
shall provide facilities and administrative support as reasonably | ||
necessary for the panel to carry out its duties. | ||
Sec. 1701.729. STUDY. The panel shall study and make | ||
recommendations regarding the regulation of persons licensed under | ||
this chapter and entities authorized by law to employ those | ||
persons. In conducting the study, the panel shall consider the | ||
following: | ||
(1) the standards of conduct applicable to persons | ||
licensed under this chapter, including whether statewide standards | ||
should be developed and who should develop, review, and update | ||
those standards; | ||
(2) the education and training requirements for | ||
persons licensed under this chapter, including: | ||
(A) the requirements for the issuance of each | ||
type of license and the frequency with which those requirements are | ||
reviewed and updated; and | ||
(B) the continuing education requirements for | ||
each type of license and the frequency with which those | ||
requirements are reviewed and updated; | ||
(3) the commission's regulation of training programs | ||
and schools; and | ||
(4) the accountability to the public of persons | ||
licensed under this chapter and of entities authorized by law to | ||
employ persons licensed under this chapter, including: | ||
(A) the need for statewide standards applicable | ||
to the entities and who should develop, review, and update those | ||
standards; | ||
(B) changes to the commission's authority to | ||
discipline a license holder for violations of law or other | ||
misconduct; | ||
(C) appropriate procedures to protect a license | ||
holder's rights during a disciplinary proceeding; and | ||
(D) the reporting of terminations under | ||
Subchapter J. | ||
Sec. 1701.730. REPORT; CERTAIN VOTES REQUIRED. (a) Not | ||
later than June 1, 2022, the panel shall deliver a report to the | ||
governor, the lieutenant governor, the speaker of the house of | ||
representatives, each member of the legislature, and the Sunset | ||
Advisory Commission on the areas of study described by Section | ||
1701.729, including any legislative recommendations adopted by the | ||
panel. | ||
(b) A legislative recommendation may be adopted by a | ||
majority vote of a quorum of the panel. | ||
(c) The report under this section may be issued only if the | ||
report is adopted by a two-thirds vote of the total membership of | ||
the panel. | ||
Sec. 1701.731. EXPIRATION. The panel is abolished and this | ||
subchapter expires December 31, 2022. | ||
SECTION 13. (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, 2021, until | ||
the member completes the additional training. | ||
SECTION 14. (a) Notwithstanding Section 1701.317, | ||
Occupations Code, not later than September 1, 2024, the Texas | ||
Commission on Law Enforcement shall conduct a criminal history | ||
record information check in the manner provided by Section | ||
1701.3065, Occupations Code, as added by this Act, on each person | ||
who on September 1, 2021, holds a license issued under Chapter 1701, | ||
Occupations Code. | ||
(b) The Texas Commission on Law Enforcement may suspend the | ||
license of a person who holds a license under Chapter 1701, | ||
Occupations Code, who does not comply with a request by the | ||
commission to provide information or fingerprints, in a form and | ||
manner prescribed by the commission, that would enable the | ||
commission to conduct the criminal history record information check | ||
as required by this section. | ||
(c) The Texas Commission on Law Enforcement may adopt rules | ||
to implement this section, including rules to stagger the | ||
implementation of this section. | ||
SECTION 15. Not later than September 1, 2021, the governor, | ||
lieutenant governor, and speaker of the house of representatives | ||
shall appoint members to the panel in accordance with Section | ||
1701.722, Occupations Code, as added by this Act. | ||
SECTION 16. (a) For purposes of Section 1701.002, | ||
Occupations Code, as amended by this Act, the Sunset Advisory | ||
Commission shall conduct a limited-scope review of the Texas | ||
Commission on Law Enforcement for the 88th Legislature. The review | ||
must provide: | ||
(1) an update on the progress of the Texas Commission | ||
on Law Enforcement in implementing the recommendations made by the | ||
Sunset Advisory Commission to the 87th Legislature; and | ||
(2) an evaluation of any legislative recommendations | ||
related to the Texas Commission on Law Enforcement made by the panel | ||
established under Subchapter P, Chapter 1701, Occupations Code, as | ||
added by this Act. | ||
(b) The Sunset Advisory Commission's recommendations to the | ||
88th Legislature may include any recommendation the commission | ||
considers appropriate based on the limited-scope review conducted | ||
under this section. | ||
SECTION 17. This Act takes effect September 1, 2021. |