Bill Text: TX SB485 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the powers and duties of the Texas Commission on Law Enforcement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-09 - Referred to Criminal Justice [SB485 Detail]
Download: Texas-2021-SB485-Introduced.html
87R4683 MAW-D | ||
By: Hinojosa | S.B. No. 485 |
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relating to the powers and duties of the Texas Commission on Law | ||
Enforcement. | ||
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, and mental [ |
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officer, county jailer, public security officer, or | ||
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. Section 1701.160, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1701.160. AUTHORITY TO COMMISSION INVESTIGATORS AS | ||
PEACE OFFICERS; POLICY REGARDING INVESTIGATIONS. (a) The | ||
commission may commission certified peace officers as | ||
investigators employed by the commission for the limited purpose of | ||
assisting the commission in administering this chapter. | ||
(b) The commission shall develop and implement policies | ||
specifying the circumstances in which conduct by a license holder | ||
is to be investigated by the staff of the commission for | ||
disciplinary action under Subchapter K or investigated by peace | ||
officers commissioned under this section. | ||
SECTION 3. Subchapter D, Chapter 1701, Occupations Code, is | ||
amended by adding Section 1701.165 to read as follows: | ||
Sec. 1701.165. AUTHORITY TO ISSUE SUBPOENA. (a) The | ||
commission may issue a subpoena as provided by this section. | ||
(b) The commission may request and, if necessary, compel by | ||
subpoena: | ||
(1) the production for inspection and copying of | ||
records, documents, and other evidence relevant to the | ||
investigation of an alleged violation of this chapter or a | ||
commission rule, including any document prepared or maintained by a | ||
law enforcement agency in connection with disciplinary action taken | ||
by the agency against a license holder; 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 | ||
commission. | ||
(d) The commission, 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 hold a | ||
hearing. | ||
(f) The court shall order compliance with the subpoena if | ||
the court finds that good cause exists to issue the subpoena. | ||
SECTION 4. Section 1701.4521(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The commission shall suspend the license of an officer | ||
licensed under this chapter on notification that the officer has | ||
been dishonorably discharged if: | ||
(1) the discharge was in relation to allegations of | ||
criminal misconduct by the officer; or | ||
(2) the officer has previously been dishonorably | ||
discharged from another law enforcement agency. | ||
SECTION 5. Section 1701.501(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (d), the commission | ||
shall revoke or suspend a license, place on probation a person whose | ||
license has been suspended, or reprimand a license holder if the | ||
license holder has: | ||
(1) engaged in any improper or unlawful acts in | ||
connection with employment as an officer that could result in a | ||
miscarriage of justice or discrimination, including: | ||
(A) being convicted of, placed on deferred | ||
adjudication for, or entering a plea of guilty or nolo contendere to | ||
a felony or a misdemeanor involving moral turpitude; | ||
(B) falsifying a police report or evidence in a | ||
criminal investigation; | ||
(C) destroying evidence in a criminal | ||
investigation; | ||
(D) using excessive force on multiple occasions; | ||
(E) accepting a bribe; | ||
(F) engaging in fraud; | ||
(G) unlawfully using a controlled substance; | ||
(H) engaging in an act for which the officer is | ||
liable under 42 U.S.C. Section 1983; | ||
(I) committing perjury; or | ||
(J) making a misrepresentation for the purpose of | ||
obtaining or renewing a license, including falsifying any | ||
educational requirements under this chapter; or | ||
(2) violated [ |
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(A) [ |
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(B) [ |
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Articles 2.132 and 2.134, Code of Criminal Procedure; or | ||
(C) [ |
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SECTION 6. Subchapter K, Chapter 1701, Occupations Code, is | ||
amended by adding Sections 1701.5011 and 1701.508 to read as | ||
follows: | ||
Sec. 1701.5011. EMERGENCY SUSPENSION. (a) The commission | ||
shall temporarily suspend the license of a person if the commission | ||
determines from the evidence or information presented to it that | ||
continued practice by the person would constitute a continuing and | ||
imminent threat to the public welfare. | ||
(b) A license may be suspended under this section without | ||
notice or hearing on the complaint if: | ||
(1) action is taken to initiate proceedings for a | ||
hearing before the State Office of Administrative Hearings | ||
simultaneously with the temporary suspension; and | ||
(2) a hearing is held as soon as practicable under this | ||
chapter and Chapter 2001, Government Code. | ||
(c) The State Office of Administrative Hearings shall hold a | ||
preliminary hearing not later than the 10th day after the date of | ||
the temporary suspension to determine if there is probable cause to | ||
believe that a continuing and imminent threat to the public welfare | ||
still exists. A final hearing on the matter shall be held not later | ||
than the 61st day after the date of the temporary suspension. | ||
Sec. 1701.508. SANCTIONS SCHEDULE. The commission by rule | ||
shall adopt a sanctions schedule that lists: | ||
(1) the most common violations that occur under this | ||
chapter; | ||
(2) the types of sanctions, including administrative | ||
penalties, that may be imposed for those violations; and | ||
(3) the factors used to determine the sanction that | ||
may be imposed for each violation, including: | ||
(A) the seriousness of the violation; | ||
(B) any previous violation by the license holder; | ||
and | ||
(C) any other factor the commission considers | ||
appropriate. | ||
SECTION 7. Section 1701.457, Occupations Code, is repealed. | ||
SECTION 8. Section 1701.501(a), Occupations Code, as | ||
amended by this Act, applies only to conduct that occurs on or after | ||
the effective date of this Act. Conduct that occurs before the | ||
effective date of this Act 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 9. Not later than December 1, 2021, the Texas | ||
Commission on Law Enforcement shall adopt rules necessary to | ||
implement the changes in law made by this Act. | ||
SECTION 10. This Act takes effect September 1, 2021. |