Bill Text: TX HB1951 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the licensing and regulation of telecommunicators; providing a criminal penalty.

Status: (Passed) 2013-06-14 - See remarks for effective date [HB1951 Detail]

Download: Texas-2013-HB1951-Introduced.html
  83R7929 NC-F
 
  By: Thompson of Harris H.B. No. 1951
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the licensing and regulation of telecommunicators;
  providing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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, mental, and moral standards, for licensing as an officer,
  county jailer, [or] public security officer, or [employment as a]
  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 2.  Sections 1701.251(a) and (c), Occupations Code,
  are amended to read as follows:
         (a)  The commission shall establish and maintain training
  programs for officers, [and] county jailers, and
  telecommunicators. The training shall be conducted by the
  commission staff or by other agencies and institutions the
  commission considers appropriate.
         (c)  The commission may:
               (1)  issue or revoke the license of a school operated by
  or for this state or a political subdivision of this state
  specifically for training officers, county jailers, [or] recruits,
  or telecommunicators;
               (2)  operate schools and conduct preparatory,
  in-service, basic, and advanced courses in the schools, as the
  commission determines appropriate, for officers, county jailers,
  [and] recruits, and telecommunicators;
               (3)  issue a license to a person to act as a qualified
  instructor under conditions that the commission prescribes; and
               (4)  consult and cooperate with a municipality, county,
  special district, state agency or other governmental agency, or a
  university, college, junior college, or other institution,
  concerning the development of schools and training programs for
  officers, [and] county jailers, and telecommunicators.
         SECTION 3.  Section 1701.301, Occupations Code, is amended
  to read as follows:
         Sec. 1701.301.  LICENSE REQUIRED. Except as provided by
  Sections 1701.310, [and] 1701.311, and 1701.405, a person may not
  appoint or employ a person to serve as an officer, county jailer,
  [or] public security officer, or telecommunicator unless the person
  [appointed] holds an appropriate license issued by the commission.
         SECTION 4.  Section 1701.303(b), Occupations Code, is
  amended to read as follows:
         (b)  A person who appoints an officer or county jailer, 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 an officer, [or] county jailer,
  or telecommunicator and the appointment or employment occurs after
  the 180th day after the last date of service as an officer, [or]
  county jailer, or telecommunicator, the person must have on file
  [for the 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)  two completed fingerprint cards.
         SECTION 5.  Section 1701.307, Occupations Code, is amended
  by amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  The commission shall issue an appropriate license to a
  person who, as required by this chapter:
               (1)  submits an application;
               (2)  completes the required training;
               (3)  passes the required examination;
               (4)  is declared to be in satisfactory psychological
  and emotional health and free from drug dependency or illegal drug
  use; and
               (5)  if the person is an applicant for an officer or
  county jailer license, demonstrates weapons proficiency.
         (d)  The commission may issue a temporary or permanent
  license to a person to act as a telecommunicator.
         SECTION 6.  Section 1701.352, Occupations Code, is amended
  by adding Subsection (i) to read as follows:
         (i)  A state agency, county, special district, or
  municipality that appoints or employs a telecommunicator shall
  provide training to the telecommunicator of not less than 40 hours
  during each 24-month period of employment. The training must be
  approved by the commission and consist of topics selected by the
  commission and the employing entity.
         SECTION 7.  Section 1701.401(c), Occupations Code, is
  amended to read as follows:
         (c)  The commission shall adopt rules for issuing
  achievement awards to peace officers, reserve peace officers,
  jailers, [or] custodial officers, or telecommunicators who are
  licensed by the commission. The commission's rules shall require
  recommendations from an elected official of this state or a
  political subdivision, an administrator of a law enforcement
  agency, or a person holding a license issued by the commission.
         SECTION 8.  Section 1701.405, Occupations Code, is amended
  by amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  This state or a political subdivision of this state may
  not employ a person to act as a telecommunicator unless the person:
               (1)  has had at least 40 hours of telecommunicator
  training as determined by the commission;
               (2)  is at least 18 years of age; [and]
               (3)  holds a high school diploma or high school
  equivalency certificate; and
               (4)  holds a license to act as a telecommunicator or
  agrees to obtain the license not later than the first anniversary of
  the date of employment.
         (b-1)  A person employed to act as a telecommunicator who has
  not obtained a license to act as a telecommunicator under this
  chapter may not continue to act as a telecommunicator after the
  first anniversary of the date of employment unless the person
  obtains the license.
         SECTION 9.  Section 1701.551(a), Occupations Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person appoints or
  retains another person as an officer, [or] county jailer, or
  telecommunicator in violation of Section 1701.301, 1701.303, [or]
  1701.306, or 1701.405.
         SECTION 10.  (a) Not later than December 31, 2013, the
  Commission on Law Enforcement Officer Standards and Education shall
  adopt rules, standards, and procedures necessary to implement
  Chapter 1701, Occupations Code, as amended by this Act.
         (b)  Notwithstanding Chapter 1701, Occupations Code, as
  amended by this Act, a person employed as a telecommunicator on or
  before January 1, 2014, is not required to  hold a license under
  that chapter to act as a telecommunicator before January 1, 2015.
         SECTION 11.  This Act takes effect September 1, 2013.
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