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


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-Enrolled.html
 
 
  H.B. No. 1951
 
 
 
 
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, 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, [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 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; [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.
         (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, [or] county jailer, or
  telecommunicator in violation of Section 1701.301, 1701.303, [or]
  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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1951 was passed by the House on May 8,
  2013, by the following vote:  Yeas 140, Nays 7, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 1951 on May 23, 2013, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 1951 on May 26, 2013, by the following vote:  Yeas 109,
  Nays 34, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1951 was passed by the Senate, with
  amendments, on May 22, 2013, by the following vote:  Yeas 21, Nays
  10; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  1951 on May 26, 2013, by the following vote:  Yeas 20, Nays 11.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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