88R25604 JCG-D
 
  By: Holland H.B. No. 4873
 
  Substitute the following for H.B. No. 4873:
 
  By:  Guillen C.S.H.B. No. 4873
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the licensing and regulation of peace officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 1701, Occupations Code, is
  amended by adding Sections 1701.165 and 1701.166 to read as
  follows:
         Sec. 1701.165.  STANDARDS OF CONDUCT.  (a)  The commission by
  rule shall prescribe standards of conduct for officers.
         (b)  The standards of conduct must establish minimum
  standards with respect to the following:
               (1)  pursuit of a suspect; 
               (2)  arrest and control tactics;
               (3)  executing high-risk warrants; and
               (4)  conducting traffic stops, including a uniform
  standard for conducting a traffic stop for an offense punishable by
  fine only.
         (c)  The commission shall biennially review and update the
  standards of conduct as necessary.
         Sec. 1701.166.  SUBMISSION OF REVOKED LICENSE TO NATIONAL
  DATABASE. (a)  In this section, "national misconduct database"
  means the National Decertification Index maintained by the
  International Association of Directors of Law Enforcement
  Standards and Training, or a similar database selected by the
  commission that serves as a registry for the revocation of officer
  licenses in several jurisdictions based on misconduct committed by
  the officer. 
         (b)  The commission shall submit to the national misconduct
  database information necessary to create a record in the database
  for each officer license the commission revokes under Section
  1701.501(a-1) or 1701.4521. 
         SECTION 2.  Subchapter E, Chapter 1701, Occupations Code, is
  amended by adding Sections 1701.2025 and 1701.2026 to read as
  follows:
         Sec. 1701.2025.  PANEL TO INVESTIGATE VIOLATIONS OF
  STANDARDS OF CONDUCT. (a) The governor shall appoint a panel to
  investigate alleged violations of the standards of conduct adopted
  under Section 1701.165. 
         (b)  The panel consists of nine members appointed by the
  governor as follows: 
               (1)  one member of the commission, who serves as
  presiding officer of the panel; 
               (2)  one member of the Texas Indigent Defense
  Commission; 
               (3)  one peace officer licensed under this chapter
  selected from a list of six names provided to the governor by the
  president, or the president's designee, of the Combined Law
  Enforcement Associations of Texas, or its successor organization;
               (4)  one peace officer licensed under this chapter
  selected from a list of six names provided to the governor by the
  president, or the president's designee, of the Texas Municipal
  Police Association, or its successor organization;
               (5)  one peace officer licensed under this chapter from
  a list of three names provided by the president, or the president's
  designee, of the Sheriffs' Association of Texas, or its successor
  organization;
               (6)  one peace officer licensed under this chapter from
  a list of three names provided by the president, or the president's
  designee, of the Texas Police Chiefs Association, or its successor
  organization; and
               (7)  three persons, each of whom:
                     (A)  has been a resident of this state for at least
  one year before the date of appointment; 
                     (B)  meets the minimum age for obtaining a license
  as an officer as provided by Section 1701.309; and
                     (C)  is not disqualified under this chapter from
  obtaining a license as an officer. 
         (c)  Members of the panel serve two-year terms.
         (d)  The panel shall meet at the call of the presiding
  officer. 
         (e)  A member of the panel is not entitled to compensation
  for service on the panel but is entitled to reimbursement for
  expenses incurred in performing official duties as a member of the
  panel, as provided by the General Appropriations Act.
         Sec. 1701.2026.  ADMINISTRATIVE SUBPOENA. (a) In the
  investigation of an alleged violation of a standard of conduct
  adopted under Section 1701.165, the commission or the panel
  established under Section 1701.2025 may request and, if necessary,
  compel by subpoena:
               (1)  the attendance of a witness for examination under
  oath;  and
               (2)  the production for inspection and copying of
  records, documents, and other evidence relevant to the
  investigation, including the personnel files and other employee
  records regarding the person who is the subject of the
  investigation.
         (b)  The commission or panel, as applicable, acting through
  the attorney general, may bring an action to enforce a subpoena
  issued under Subsection (a) against a person who fails to comply
  with the subpoena.
         (c)  Venue for an action brought under Subsection (b) is in a
  district court in:
               (1)  Travis County;  or
               (2)  any county of proper venue as provided by Chapter
  15, Civil Practices and Remedies Code.
         (d)  The court shall order compliance with the subpoena if
  the court finds that good cause exists to issue the subpoena.
         (e)  The commission shall adopt rules for the attendance of a
  witness by videoconference in response to a subpoena issued under
  this section. 
         SECTION 3.  Subchapter G, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.3135 to read as follows:
         Sec. 1701.3135.  DISQUALIFICATION: REVOCATION OR SUSPENSION
  IN ANOTHER STATE.  A person is disqualified to be an officer, and
  the commission may not issue an officer license to the person, if
  the person has been issued a license or other authorization to act
  as an officer in another state and the license or authorization was
  revoked or suspended.
         SECTION 4.  Section 1701.501, Occupations Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1)  Except as provided by Subsection (d) and Section
  1701.5015, the commission may revoke or suspend a license, place on
  probation a person whose license has been suspended, or reprimand a
  license holder for violating a standard of conduct adopted under
  Section 1701.165.
         SECTION 5.  Subchapter K, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.5015 to read as follows:
         Sec. 1701.5015.  PANEL APPROVAL REQUIRED FOR CERTAIN
  DISCIPLINARY ACTIONS. The commission may not take disciplinary
  action against an officer for an alleged violation of a standard of
  conduct adopted under Section 1701.165 unless the panel established
  under Section 1701.2025, by a two-thirds vote, determines the
  violation occurred and recommends the disciplinary action. 
         SECTION 6.  Not later than January 1, 2024, the Texas
  Commission on Law Enforcement shall:
               (1)  prescribe the standards of conduct required by
  Section 1701.165, Occupations Code, as added by this Act; and
               (2)  adopt the rules necessary to implement Chapter
  1701, Occupations Code, as amended by this Act.
         SECTION 7.  Not later than January 1, 2024, the governor
  shall appoint members to the panel established under Section
  1701.2025, Occupations Code, as added by this Act.
         SECTION 8.  Section 1701.3135, Occupations Code, as added by
  this Act, applies only to an application for an officer license
  submitted under Chapter 1701, Occupations Code, on or after the
  effective date of this Act.  An application submitted before the
  effective date of this Act is governed by the law in effect on the
  date the application was submitted, and the former law is continued
  in effect for that purpose.
         SECTION 9.  The standards of conduct required by Section
  1701.165, Occupations Code, as added by this Act, apply only to
  conduct that occurs on or after January 1, 2024.  Conduct that
  occurs before January 1, 2024, is governed by the law in effect on
  the date the conduct occurred, and the former law is continued in
  effect for that purpose.
         SECTION 10.  This Act takes effect September 1, 2023.