Bill Text: TX HB1855 | 2015-2016 | 84th Legislature | Enrolled

Texas House Bill 1855 (Prior Session Legislation)

Bill Title: Relating to training, continuing education, and weapons proficiency standards for correctional officers employed by the Texas Department of Criminal Justice.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Vetoed) 2015-06-20 - Vetoed by the Governor [HB1855 Detail]

Download: Texas-2015-HB1855-Enrolled.html



	H.B. No. 1855




	AN ACT
	relating to training, continuing education, and weapons
	proficiency standards for correctional officers employed by the
	Texas Department of Criminal Justice.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 493, Government Code, is amended by
	adding Sections 493.032, 493.033, and 493.034 to read as follows:
	Sec. 493.032. REQUIRED TRAINING FOR CORRECTIONAL OFFICERS.
	(a) The department shall require each correctional officer
	employed by the department to complete, during the correctional
	officer's first 24 months of service, not less than 280 hours of
	training, including:
	(1) 140 hours of on-the-job training; and
	(2) mental health crisis intervention training.
	(b) The department, in consultation with the Texas
	Commission on Law Enforcement, shall develop mental health crisis
	intervention training to be part of the training required by
	Subsection (a)(2).
	(c) The department by rule shall provide temporary
	exceptions to the requirements of this section for a correctional
	officer who cannot complete the training required by Subsection (a)
	due to:
	(1) a medical emergency involving the officer or a
	member of the officer's family;
	(2) the officer's active military service; or
	(3) the officer's unit or facility being unable to
	provide training in a timely manner due to severe weather or a
	catastrophic event.
	(d) An exception created by the department under Subsection
	(c) must ensure compliance with the training requirements of this
	section as soon as practicable after the period required by this
	section.
	(e) The department shall indicate in the correctional
	officer's personnel file that the officer has completed the
	training required by this section.
	(f) A correctional officer is not required to complete
	training under this section if the officer's personnel file
	indicates that the officer has completed the training required by
	this section during a previous period of employment as a
	correctional officer during the preceding 36 months.
	(g) The department may suspend or otherwise discipline a
	correctional officer who fails to comply with the requirements of
	this section.
	Sec. 493.033. CONTINUING EDUCATION REQUIRED FOR
	CORRECTIONAL OFFICERS. (a) The department shall require each
	correctional officer employed by the department to complete at
	least 80 hours of continuing education programs once every 24
	months. The department may suspend or otherwise discipline a
	correctional officer who fails to comply with this requirement.
	(b) As part of the continuing education requirement under
	Subsection (a), a correctional officer must complete a training and
	education program that covers the core requirements designated by
	the department.
	(c) The department shall develop specialized training for
	correctional officers that may be credited toward continuing
	education requirements.
	(d) The department by rule shall provide temporary
	exceptions to the continuing education requirements of this section
	for a correctional officer who cannot meet the continuing education
	requirements of this section due to:
	(1) a medical emergency involving the officer or a
	member of the officer's family;
	(2) the officer's active military service; or
	(3) the officer's unit or facility being unable to
	provide training in a timely manner due to severe weather or a
	catastrophic event.
	(e) An exception created by the department under Subsection
	(d) must ensure compliance with the continuing education
	requirements of this section as soon as practicable after the
	period required by this section.
	Sec. 493.034. CONTINUING DEMONSTRATION OF WEAPONS
	PROFICIENCY. (a) The department shall designate one or more
	firearms proficiency officers and require each correctional
	officer employed by the department to demonstrate weapons
	proficiency to a firearms proficiency officer at least annually.
	The department shall maintain records of the weapons proficiency of
	correctional officers.
	(b) The department by rule shall define weapons proficiency
	for purposes of this section.
	SECTION 2. Not later than January 1, 2016, the Texas
	Department of Criminal Justice shall adopt rules as required by
	Sections 493.032, 493.033, and 493.034, Government Code, as added
	by this Act.
	SECTION 3. (a) Section 493.032, Government Code, as added
	by this Act, applies only to a correctional officer hired by the
	Texas Department of Criminal Justice on or after the effective date
	of this Act. A correctional officer hired before the effective date
	of this Act is governed by the law in effect immediately before the
	effective date of this Act, and that law is continued in effect for
	that purpose.
	(b) Sections 493.033 and 493.034, Government Code, as added
	by this Act, apply to a correctional officer employed by the Texas
	Department of Criminal Justice on or after the effective date of
	this Act, regardless of whether the officer is hired before, on, or
	after that date.
	SECTION 4. This Act takes effect September 1, 2015.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 1855 was passed by the House on May 6,
	2015, by the following vote: Yeas 125, Nays 17, 2 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 1855 was passed by the Senate on May
	26, 2015, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor