88R8134 JCG-D
	By: Goodwin	H.B. No. 1840

	A BILL TO BE ENTITLED
	AN ACT
	relating to establishing a panel to study the regulation of law
	enforcement officers and law enforcement agencies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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;
	(D)  the reporting of terminations under
	Subchapter J; and
	(E)  the circumstances under which the commission
	may require a license holder to submit to an examination described
	by Section 1701.306.
	Sec. 1701.730.  REPORT; CERTAIN VOTES REQUIRED. (a) Not
	later than June 1, 2024, 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, 2024.
	SECTION 2.  Not later than September 1, 2023, 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 3.  This Act takes effect September 1, 2023.