Bill Text: TX HB1951 | 2013-2014 | 83rd Legislature | Comm Sub
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Bill Title: Relating to the licensing and regulation of telecommunicators; providing a criminal penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - See remarks for effective date [HB1951 Detail]
Download: Texas-2013-HB1951-Comm_Sub.html
Bill Title: Relating to the licensing and regulation of telecommunicators; providing a criminal penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - See remarks for effective date [HB1951 Detail]
Download: Texas-2013-HB1951-Comm_Sub.html
By: Thompson of Harris (Senate Sponsor - Carona) | H.B. No. 1951 | |
(In the Senate - Received from the House May 9, 2013; | ||
May 13, 2013, read first time and referred to Committee on | ||
Agriculture, Rural Affairs, and Homeland Security; May 20, 2013, | ||
rereferred to Committee on Business and Commerce; May 21, 2013, | ||
reported favorably by the following vote: Yeas 6, Nays 0; | ||
May 21, 2013, sent to printer.) |
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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, [ |
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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, [ |
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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 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, | ||
[ |
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(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, [ |
||
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, [ |
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appoint or employ a person to serve as an officer, county jailer, | ||
[ |
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[ |
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SECTION 4. Section 1701.303, Occupations Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(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) two completed fingerprint cards. | ||
SECTION 5. The heading to Section 1701.307, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 1701.307. ISSUANCE OF OFFICER OR COUNTY JAILER | ||
LICENSE. | ||
SECTION 6. Section 1701.307(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The commission shall issue an appropriate officer or | ||
county jailer 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) demonstrates weapons proficiency. | ||
SECTION 7. Subchapter G, Chapter 1701, Occupations Code, is | ||
amended by adding Section 1701.3071 to read as follows: | ||
Sec. 1701.3071. ISSUANCE OF TELECOMMUNICATOR LICENSE. (a) | ||
The commission shall issue a telecommunicator license to a person | ||
who: | ||
(1) submits an application; | ||
(2) completes the required training; | ||
(3) passes the required examination; and | ||
(4) meets any other requirement of this chapter and | ||
the rules prescribed by the commission to qualify as a | ||
telecommunicator. | ||
(b) The commission may issue a temporary or permanent | ||
license to a person to act as a telecommunicator. | ||
SECTION 8. 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 20 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 9. 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, [ |
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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 10. Section 1701.405, Occupations Code, is amended | ||
by amending Subsection (b) and adding Subsections (b-1) and (b-2) | ||
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; [ |
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(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. | ||
(b-2) Notwithstanding this section, an officer is not | ||
required to obtain a telecommunicator license to act as a | ||
telecommunicator. | ||
SECTION 11. 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, [ |
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telecommunicator in violation of Section 1701.301, 1701.303, [ |
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1701.306, or 1701.405. | ||
SECTION 12. (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, and | ||
Subsection (b) of this section. | ||
(b) Notwithstanding Chapter 1701, Occupations Code, as | ||
amended by this Act, a person employed as a certified | ||
telecommunicator on January 1, 2014, is exempt from the | ||
requirements for an initial telecommunicator license under that | ||
chapter, and the Commission on Law Enforcement Officer Standards | ||
and Education shall issue a telecommunicator license to the person | ||
on receipt of an application showing that the person was employed as | ||
a certified telecommunicator on that date. | ||
SECTION 13. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect January 1, 2014. | ||
(b) Section 12 of this Act takes effect September 1, 2013. | ||
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