Bill Text: TX SB686 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the change of the name of the Commission on Law Enforcement Officer Standards and Education to the Texas Commission on Law Enforcement.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2013-05-18 - Effective immediately [SB686 Detail]
Download: Texas-2013-SB686-Enrolled.html
S.B. No. 686 |
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relating to the change of the name of the Commission on Law | ||
Enforcement Officer Standards and Education to the Texas Commission | ||
on Law Enforcement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. CHANGING THE NAME OF THE COMMISSION ON LAW ENFORCEMENT | ||
OFFICER STANDARDS AND EDUCATION TO THE TEXAS COMMISSION ON LAW | ||
ENFORCEMENT | ||
SECTION 1.01. Subdivision (1), Section 1701.001, | ||
Occupations Code, is amended to read as follows: | ||
(1) "Commission" means the Texas Commission on Law | ||
Enforcement [ |
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SECTION 1.02. Section 1701.002, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 1701.002. APPLICATION OF SUNSET ACT. The Texas | ||
Commission on Law Enforcement [ |
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subject to Chapter 325, Government Code (Texas Sunset Act). Unless | ||
continued in existence as provided by that chapter, the commission | ||
is abolished and this chapter expires September 1, 2021. | ||
SECTION 1.03. Subchapter A, Chapter 1701, Occupations Code, | ||
is amended by adding Section 1701.004 to read as follows: | ||
Sec. 1701.004. REFERENCE TO COMMISSION ON LAW ENFORCEMENT | ||
OFFICER STANDARDS AND EDUCATION. A reference in law to the | ||
Commission on Law Enforcement Officer Standards and Education or | ||
the Texas Commission on Law Enforcement Officer Standards and | ||
Education means the Texas Commission on Law Enforcement. | ||
SECTION 1.04. The heading to Subchapter B, Chapter 1701, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER B. TEXAS COMMISSION ON LAW ENFORCEMENT [ |
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SECTION 1.05. Subsection (a), Section 1701.051, | ||
Occupations Code, is amended to read as follows: | ||
(a) The Texas Commission on Law Enforcement [ |
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nine members appointed by the governor with the advice and consent | ||
of the senate as follows: | ||
(1) three members who are sheriffs, constables, or | ||
chiefs of police; | ||
(2) three members who: | ||
(A) are licensed under this chapter, two of whom | ||
are peace officers who, at the time of appointment, hold | ||
nonsupervisory positions with a law enforcement agency; and | ||
(B) have been licensed under this chapter for the | ||
five years preceding the date of appointment; and | ||
(3) three members who represent the public. | ||
ARTICLE 2. CONFORMING AMENDMENTS | ||
SECTION 2.01. Article 2.12, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace | ||
officers: | ||
(1) sheriffs, their deputies, and those reserve | ||
deputies who hold a permanent peace officer license issued under | ||
Chapter 1701, Occupations Code; | ||
(2) constables, deputy constables, and those reserve | ||
deputy constables who hold a permanent peace officer license issued | ||
under Chapter 1701, Occupations Code; | ||
(3) marshals or police officers of an incorporated | ||
city, town, or village, and those reserve municipal police officers | ||
who hold a permanent peace officer license issued under Chapter | ||
1701, Occupations Code; | ||
(4) rangers and officers commissioned by the Public | ||
Safety Commission and the Director of the Department of Public | ||
Safety; | ||
(5) investigators of the district attorneys', criminal | ||
district attorneys', and county attorneys' offices; | ||
(6) law enforcement agents of the Texas Alcoholic | ||
Beverage Commission; | ||
(7) each member of an arson investigating unit | ||
commissioned by a city, a county, or the state; | ||
(8) officers commissioned under Section 37.081, | ||
Education Code, or Subchapter E, Chapter 51, Education Code; | ||
(9) officers commissioned by the General Services | ||
Commission; | ||
(10) law enforcement officers commissioned by the | ||
Parks and Wildlife Commission; | ||
(11) airport police officers commissioned by a city | ||
with a population of more than 1.18 million located primarily in a | ||
county with a population of 2 million or more that operates an | ||
airport that serves commercial air carriers; | ||
(12) airport security personnel commissioned as peace | ||
officers by the governing body of any political subdivision of this | ||
state, other than a city described by Subdivision (11), that | ||
operates an airport that serves commercial air carriers; | ||
(13) municipal park and recreational patrolmen and | ||
security officers; | ||
(14) security officers and investigators commissioned | ||
as peace officers by the comptroller; | ||
(15) officers commissioned by a water control and | ||
improvement district under Section 49.216, Water Code; | ||
(16) officers commissioned by a board of trustees | ||
under Chapter 54, Transportation Code; | ||
(17) investigators commissioned by the Texas Medical | ||
Board; | ||
(18) officers commissioned by: | ||
(A) the board of managers of the Dallas County | ||
Hospital District, the Tarrant County Hospital District, the Bexar | ||
County Hospital District, or the El Paso County Hospital District | ||
under Section 281.057, Health and Safety Code; and | ||
(B) the board of directors of the Ector County | ||
Hospital District under Section 1024.117, Special District Local | ||
Laws Code; | ||
(19) county park rangers commissioned under | ||
Subchapter E, Chapter 351, Local Government Code; | ||
(20) investigators employed by the Texas Racing | ||
Commission; | ||
(21) officers commissioned under Chapter 554, | ||
Occupations Code; | ||
(22) officers commissioned by the governing body of a | ||
metropolitan rapid transit authority under Section 451.108, | ||
Transportation Code, or by a regional transportation authority | ||
under Section 452.110, Transportation Code; | ||
(23) investigators commissioned by the attorney | ||
general under Section 402.009, Government Code; | ||
(24) security officers and investigators commissioned | ||
as peace officers under Chapter 466, Government Code; | ||
(25) an officer employed by the Department of State | ||
Health Services under Section 431.2471, Health and Safety Code; | ||
(26) officers appointed by an appellate court under | ||
Subchapter F, Chapter 53, Government Code; | ||
(27) officers commissioned by the state fire marshal | ||
under Chapter 417, Government Code; | ||
(28) an investigator commissioned by the commissioner | ||
of insurance under Section 701.104, Insurance Code; | ||
(29) apprehension specialists and inspectors general | ||
commissioned by the Texas Juvenile Justice Department as officers | ||
under Sections 242.102 and 243.052, Human Resources Code; | ||
(30) officers appointed by the inspector general of | ||
the Texas Department of Criminal Justice under Section 493.019, | ||
Government Code; | ||
(31) investigators commissioned by the Texas | ||
Commission on Law Enforcement [ |
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under Section 1701.160, Occupations Code; | ||
(32) commission investigators commissioned by the | ||
Texas Private Security Board under Section 1702.061(f), | ||
Occupations Code; | ||
(33) the fire marshal and any officers, inspectors, or | ||
investigators commissioned by an emergency services district under | ||
Chapter 775, Health and Safety Code; | ||
(34) officers commissioned by the State Board of | ||
Dental Examiners under Section 254.013, Occupations Code, subject | ||
to the limitations imposed by that section; | ||
(35) investigators commissioned by the Texas Juvenile | ||
Justice Department as officers under Section 221.011, Human | ||
Resources Code; and | ||
(36) the fire marshal and any related officers, | ||
inspectors, or investigators commissioned by a county under | ||
Subchapter B, Chapter 352, Local Government Code. | ||
SECTION 2.02. Subsection (e), Article 2.121, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
(e) A person may not serve as a railroad peace officer for a | ||
railroad company unless: | ||
(1) the Texas Railroad Association submits the | ||
person's application for appointment and certification as a | ||
railroad peace officer to the director of the Department of Public | ||
Safety and to the executive director of the Texas Commission on Law | ||
Enforcement [ |
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(2) the director of the department issues the person a | ||
certificate of authority to act as a railroad peace officer; and | ||
(3) the executive director of the commission | ||
determines that the person meets minimum standards required of | ||
peace officers by the commission relating to competence, | ||
reliability, education, training, morality, and physical and | ||
mental health and issues the person a license as a railroad peace | ||
officer; and | ||
(4) the person has met all standards for certification | ||
as a peace officer by the Texas Commission on Law Enforcement | ||
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SECTION 2.03. Subsection (e), Article 2.125, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
(e) A person may not serve as a special ranger unless: | ||
(1) the Texas and Southwestern Cattle Raisers | ||
Association submits the person's application for appointment and | ||
certification as a special ranger to the director of the Department | ||
of Public Safety and to the executive director of the Texas | ||
Commission on Law Enforcement [ |
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(2) the director of the department issues the person a | ||
certificate of authority to act as a special ranger; | ||
(3) the executive director of the commission | ||
determines that the person meets minimum standards required of | ||
peace officers by the commission relating to competence, | ||
reliability, education, training, morality, and physical and | ||
mental health and issues the person a license as a special ranger; | ||
and | ||
(4) the person has met all standards for certification | ||
as a peace officer by the Texas Commission on Law Enforcement | ||
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SECTION 2.04. Subsection (e), Article 2.126, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
(e) Any person commissioned under this article must: | ||
(1) meet the minimum standards required of peace | ||
officers by the commission relating to competence, reliability, | ||
education, training, morality, and physical and mental health; and | ||
(2) meet all standards for certification as a peace | ||
officer by the Texas Commission on Law Enforcement [ |
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SECTION 2.05. Subsections (b) and (g), Article 2.132, Code | ||
of Criminal Procedure, are amended to read as follows: | ||
(b) Each law enforcement agency in this state shall adopt a | ||
detailed written policy on racial profiling. The policy must: | ||
(1) clearly define acts constituting racial | ||
profiling; | ||
(2) strictly prohibit peace officers employed by the | ||
agency from engaging in racial profiling; | ||
(3) implement a process by which an individual may | ||
file a complaint with the agency if the individual believes that a | ||
peace officer employed by the agency has engaged in racial | ||
profiling with respect to the individual; | ||
(4) provide public education relating to the agency's | ||
complaint process; | ||
(5) require appropriate corrective action to be taken | ||
against a peace officer employed by the agency who, after an | ||
investigation, is shown to have engaged in racial profiling in | ||
violation of the agency's policy adopted under this article; | ||
(6) require collection of information relating to | ||
motor vehicle stops in which a citation is issued and to arrests | ||
made as a result of those stops, including information relating to: | ||
(A) the race or ethnicity of the individual | ||
detained; | ||
(B) whether a search was conducted and, if so, | ||
whether the individual detained consented to the search; and | ||
(C) whether the peace officer knew the race or | ||
ethnicity of the individual detained before detaining that | ||
individual; and | ||
(7) require the chief administrator of the agency, | ||
regardless of whether the administrator is elected, employed, or | ||
appointed, to submit an annual report of the information collected | ||
under Subdivision (6) to: | ||
(A) the Texas Commission on Law Enforcement | ||
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(B) the governing body of each county or | ||
municipality served by the agency, if the agency is an agency of a | ||
county, municipality, or other political subdivision of the state. | ||
(g) On a finding by the Texas Commission on Law Enforcement | ||
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law enforcement agency intentionally failed to submit a report | ||
required under Subsection (b)(7), the commission shall begin | ||
disciplinary procedures against the chief administrator. | ||
SECTION 2.06. Subsections (b), (e), and (g), Article 2.134, | ||
Code of Criminal Procedure, are amended to read as follows: | ||
(b) A law enforcement agency shall compile and analyze the | ||
information contained in each report received by the agency under | ||
Article 2.133. Not later than March 1 of each year, each law | ||
enforcement agency shall submit a report containing the | ||
incident-based data compiled during the previous calendar year to | ||
the Texas Commission on Law Enforcement [ |
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enforcement agency, to the governing body of each county or | ||
municipality served by the agency. | ||
(e) The Texas Commission on Law Enforcement [ |
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Occupations Code, shall develop guidelines for compiling and | ||
reporting information as required by this article. | ||
(g) On a finding by the Texas Commission on Law Enforcement | ||
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law enforcement agency intentionally failed to submit a report | ||
required under Subsection (b), the commission shall begin | ||
disciplinary procedures against the chief administrator. | ||
SECTION 2.07. Subsection (m), Article 15.27, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
(m) If the superintendent of a school district in which the | ||
student is enrolled learns of a failure of the head of a law | ||
enforcement agency or a person designated by the head of the agency | ||
to provide a notification under Subsection (a), the superintendent | ||
or principal shall report the failure to notify to the Texas | ||
Commission on Law Enforcement [ |
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SECTION 2.08. Subdivision (23), Section 1, Article 18.20, | ||
Code of Criminal Procedure, is amended to read as follows: | ||
(23) "Member of a law enforcement unit specially | ||
trained to respond to and deal with life-threatening situations" | ||
means a peace officer who, as evidenced by the submission of | ||
appropriate documentation to the Texas Commission on Law | ||
Enforcement [ |
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(A) receives a minimum of 40 hours a year of | ||
training in hostage and barricade suspect situations; or | ||
(B) has received a minimum of 24 hours of | ||
training on kidnapping investigations and is: | ||
(i) the sheriff of a county with a | ||
population of 3.3 million or more or the sheriff's designee; or | ||
(ii) the police chief of a police | ||
department in a municipality with a population of 500,000 or more or | ||
the police chief's designee. | ||
SECTION 2.09. Article 42.011, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 42.011. JUDGMENT AFFECTING AN OFFICER OR JAILER. If a | ||
person licensed under Chapter 1701, Occupations [ |
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Code, is charged with the commission of a felony and a court that | ||
knows the person is licensed under that chapter convicts the person | ||
or places the person on community supervision, the clerk of the | ||
court shall send the Texas Commission on Law Enforcement [ |
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number of the person and a certified copy of the court's judgment | ||
reflecting that the person has been convicted or placed on | ||
community supervision. | ||
SECTION 2.10. Subsection (h), Article 102.022, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
(h) The comptroller shall deposit the funds received under | ||
this article to the credit of the Civil Justice Data Repository fund | ||
in the general revenue fund, to be used only by the Texas Commission | ||
on Law Enforcement [ |
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duties under Section 1701.162, Occupations Code. | ||
SECTION 2.11. Subsections (f) and (h), Section 37.081, | ||
Education Code, are amended to read as follows: | ||
(f) The chief of police of the school district police | ||
department shall be accountable to the superintendent and shall | ||
report to the superintendent or the superintendent's designee. | ||
School district police officers shall be supervised by the chief of | ||
police of the school district or the chief of police's designee and | ||
shall be licensed by the Texas Commission on Law Enforcement | ||
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(h) A peace officer assigned to duty and commissioned under | ||
this section shall take and file the oath required of peace officers | ||
and shall execute and file a bond in the sum of $1,000, payable to | ||
the board of trustees, with two or more sureties, conditioned that | ||
the peace officer will fairly, impartially, and faithfully perform | ||
all the duties that may be required of the peace officer by law. The | ||
bond may be sued on in the name of any person injured until the whole | ||
amount of the bond is recovered. Any peace officer commissioned | ||
under this section must meet all minimum standards for peace | ||
officers established by the Texas Commission on Law Enforcement | ||
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SECTION 2.12. Subsection (e), Section 51.203, Education | ||
Code, is amended to read as follows: | ||
(e) Any person commissioned under this Act must be a | ||
certified police officer under the requirements of the Texas | ||
Commission on Law Enforcement [ |
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SECTION 2.13. Subsection (f), Section 51.214, Education | ||
Code, is amended to read as follows: | ||
(f) A person may not be commissioned under this section | ||
unless the person obtains a peace officer license issued by the | ||
Texas Commission on Law Enforcement [ |
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corporation shall pay to the Texas Commission on Law Enforcement | ||
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that are necessary to obtain a required license. | ||
SECTION 2.14. Subsection (g), Section 54.352, Education | ||
Code, is amended to read as follows: | ||
(g) In this section, "injury suffered during the | ||
performance of a duty as a peace officer" means an injury occurring | ||
as a result of the peace officer's performance of any of the | ||
following law enforcement duties: | ||
(1) traffic enforcement or traffic control duties, | ||
including enforcement of traffic laws, investigation of vehicle | ||
accidents, or directing traffic; | ||
(2) pursuit, arrest, or search of a person reasonably | ||
believed to have violated a law; | ||
(3) investigation, including undercover | ||
investigation, of a criminal act; | ||
(4) patrol duties, including automobile, bicycle, | ||
foot, air, or horse patrol; | ||
(5) duties related to the transfer of prisoners; or | ||
(6) training duties, including participation in any | ||
training required by the officer's employer or supervisor or by the | ||
Texas Commission on Law Enforcement [ |
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SECTION 2.15. Section 88.103, Education Code, is amended to | ||
read as follows: | ||
Sec. 88.103. ENFORCEMENT; APPOINTMENT OF PEACE OFFICERS. | ||
The director may appoint not to exceed 25 employees of the Texas | ||
Forest Service who are certified by the Texas Commission on Law | ||
Enforcement [ |
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peace officers to serve as peace officers under the direction of the | ||
director in executing the enforcement duties of that agency. The | ||
appointments must be approved by the board which shall commission | ||
the appointees as peace officers. Any officer commissioned under | ||
this section is vested with all the powers, privileges, and | ||
immunities of peace officers in the performance of the officer's | ||
duties. The officer shall take the oath required of peace officers. | ||
SECTION 2.16. Subsections (a), (b), and (d), Section | ||
96.641, Education Code, are amended to read as follows: | ||
(a) The Bill Blackwood Law Enforcement Management Institute | ||
of Texas shall establish and offer a program of initial training and | ||
a program of continuing education for police chiefs. The | ||
curriculum for each program must relate to law enforcement | ||
management issues. The institute shall develop the curriculum for | ||
the programs. The curriculum must be approved by the Texas | ||
Commission on Law Enforcement [ |
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(b) Each police chief must receive at least 40 hours of | ||
continuing education provided by the institute under this section | ||
each 24-month period. The Texas Commission on Law Enforcement | ||
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24-month continuing education training period. | ||
(d) A newly appointed or elected police chief shall complete | ||
the initial training program for new chiefs not later than the | ||
second anniversary of that individual's appointment or election as | ||
chief. The initial training program for new chiefs is in addition | ||
to the initial training and continuing education required by | ||
Chapter 1701, Occupations Code. The Texas Commission on Law | ||
Enforcement [ |
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establish that the first continuing education training period for | ||
an individual under Subsection (b) begins on the first day of the | ||
first uniform continuing education training period that follows the | ||
date the individual completed the initial training program. | ||
SECTION 2.17. Subsection (f), Section 32.075, Election | ||
Code, is amended to read as follows: | ||
(f) A person is eligible for appointment as a special peace | ||
officer under Subsection (b) only if the person is licensed as a | ||
peace officer by the Texas Commission on Law Enforcement [ |
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SECTION 2.18. Subsection (j), Section 25.1312, Government | ||
Code, is amended to read as follows: | ||
(j) Not later than one year after the date of appointment, | ||
the bailiff of a statutory county court must have received a peace | ||
officer license under Chapter 1701, Occupations Code, [ |
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the Texas Commission on Law Enforcement [ |
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bailiff of a statutory county court. The bailiff of a statutory | ||
county court is subject to the training and continuing education | ||
requirements of a sheriff's deputy of the county. The sheriff shall | ||
remove from office a bailiff who does not receive a peace officer | ||
license within one year of appointment as required by this | ||
subsection. | ||
SECTION 2.19. Subsection (j), Section 25.2012, Government | ||
Code, is amended to read as follows: | ||
(j) Not later than one year after the date of appointment, | ||
the bailiff of a county court at law must obtain a peace officer | ||
license under Chapter 1701, Occupations Code, from the Texas | ||
Commission on Law Enforcement [ |
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The sheriff of Rockwall County shall deputize the bailiff of a | ||
county court at law. The bailiff of a county court at law is subject | ||
to the training and continuing education requirements of a | ||
sheriff's deputy of the county. The sheriff shall remove from | ||
office a bailiff who does not receive a peace officer license within | ||
one year of appointment as required by this subsection. | ||
SECTION 2.20. Subsection (e), Section 53.004, Government | ||
Code, as amended by Chapters 385 (H.B. 1252) and 430 (H.B. 1108), | ||
Acts of the 73rd Legislature, Regular Session, 1993, is reenacted | ||
and amended to read as follows: | ||
(e) To be eligible to be appointed bailiff in a district | ||
court in Midland County, for the 355th District Court, or under | ||
Section 53.001(g), a person must be at least 21 years old and hold a | ||
peace officer license under Chapter 1701, Occupations Code, [ |
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from the Texas Commission on Law Enforcement [ |
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bailiff of a court described by Section 53.001(g) on September 1, | ||
1991. | ||
SECTION 2.21. Subsection (c), Section 53.091, Government | ||
Code, is amended to read as follows: | ||
(c) A person may not be commissioned as a peace officer | ||
under this section unless the person meets all standards for | ||
licensing as a peace officer by the Texas Commission on Law | ||
Enforcement [ |
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SECTION 2.22. Section 76.0051, Government Code, is amended | ||
to read as follows: | ||
Sec. 76.0051. AUTHORIZATION TO CARRY WEAPON. An officer is | ||
authorized to carry a weapon while engaged in the actual discharge | ||
of the officer's duties only if: | ||
(1) the officer possesses a certificate of firearms | ||
proficiency issued by the Texas Commission on Law Enforcement | ||
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Occupations Code; and | ||
(2) the director of the department agrees to the | ||
authorization. | ||
SECTION 2.23. Section 411.112, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.112. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS COMMISSION ON LAW ENFORCEMENT [ |
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department criminal history record information maintained by the | ||
department that relates to a person who is: | ||
(1) an applicant for a license under Chapter 1701, | ||
Occupations Code; or | ||
(2) the holder of a license under that chapter. | ||
SECTION 2.24. Subsection (a), Section 411.1882, Government | ||
Code, is amended to read as follows: | ||
(a) A person who is serving in this state as a judge or | ||
justice of a federal court, as an active judicial officer, as | ||
defined by Section 411.201, or as a district attorney, assistant | ||
district attorney, criminal district attorney, assistant criminal | ||
district attorney, county attorney, or assistant county attorney | ||
may establish handgun proficiency for the purposes of this | ||
subchapter by obtaining from a handgun proficiency instructor | ||
approved by the Texas Commission on Law Enforcement [ |
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Occupations Code, a sworn statement that: | ||
(1) indicates that the person, during the 12-month | ||
period preceding the date of the person's application to the | ||
department, demonstrated to the instructor proficiency in the use | ||
of handguns; and | ||
(2) designates the categories of handguns with respect | ||
to which the person demonstrated proficiency. | ||
SECTION 2.25. Subsection (a), Section 411.190, Government | ||
Code, is amended to read as follows: | ||
(a) The director may certify as a qualified handgun | ||
instructor a person who: | ||
(1) is certified by the Texas Commission on Law | ||
Enforcement [ |
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1702, Occupations Code, to instruct others in the use of handguns; | ||
(2) regularly instructs others in the use of handguns | ||
and has graduated from a handgun instructor school that uses a | ||
nationally accepted course designed to train persons as handgun | ||
instructors; or | ||
(3) is certified by the National Rifle Association of | ||
America as a handgun instructor. | ||
SECTION 2.26. Subsection (a), Section 421.021, Government | ||
Code, is amended to read as follows: | ||
(a) The Homeland Security Council is composed of the | ||
governor or the governor's designee, the speaker of the house of | ||
representatives or the speaker's designee, the lieutenant governor | ||
or the lieutenant governor's designee, and one representative of | ||
each of the following entities, appointed by the single statewide | ||
elected or appointed governing officer, administrative head, or | ||
chair, as appropriate, of the entity: | ||
(1) Department of Agriculture; | ||
(2) office of the attorney general; | ||
(3) General Land Office; | ||
(4) Public Utility Commission of Texas; | ||
(5) Department of State Health Services; | ||
(6) Department of Information Resources; | ||
(7) Department of Public Safety of the State of Texas; | ||
(8) Texas Division of Emergency Management; | ||
(9) adjutant general's department; | ||
(10) Texas Commission on Environmental Quality; | ||
(11) Railroad Commission of Texas; | ||
(12) Texas Strategic Military Planning Commission; | ||
(13) Texas Department of Transportation; | ||
(14) Commission on State Emergency Communications; | ||
(15) Office of State-Federal Relations; | ||
(16) secretary of state; | ||
(17) Senate Committee on Agriculture, Rural Affairs | ||
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(18) House Committee on Defense and Veterans' Affairs; | ||
(19) Texas Animal Health Commission; | ||
(20) Texas Association of Regional Councils; | ||
(21) Texas Commission on Law Enforcement [ |
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(22) state fire marshal's office; | ||
(23) Texas Education Agency; | ||
(24) Texas Commission on Fire Protection; | ||
(25) Parks and Wildlife Department; | ||
(26) Texas Forest Service; and | ||
(27) Texas Water Development Board. | ||
SECTION 2.27. Section 493.019, Government Code, is amended | ||
to read as follows: | ||
Sec. 493.019. ENFORCEMENT OFFICERS. The inspector general | ||
may appoint employees who are certified by the Texas Commission on | ||
Law Enforcement [ |
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be peace officers to serve under the direction of the inspector | ||
general and assist the inspector general in performing the | ||
enforcement duties of the department. | ||
SECTION 2.28. Subsection (d), Section 494.008, Government | ||
Code, is amended to read as follows: | ||
(d) An employee described by Subsection (a) may not be | ||
considered a peace officer for any purposes other than those | ||
specified under this section and is not required to be certified by | ||
the Texas Commission on Law Enforcement [ |
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SECTION 2.29. Section 497.031, Government Code, is amended | ||
to read as follows: | ||
Sec. 497.031. SALE OF STATE FLAGS TO STATE AGENCY. The | ||
department shall sell state flags to the Texas Commission on Law | ||
Enforcement [ |
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not exceed the department's cost in producing or obtaining the | ||
state flags. | ||
SECTION 2.30. Subsections (f) and (i), Section 511.0092, | ||
Government Code, are amended to read as follows: | ||
(f) A county, municipality, or private vendor operating | ||
under a contract described by Subsection (b) shall: | ||
(1) send a copy of the contract to the commission; | ||
(2) require all employees at the facility to maintain | ||
certification as required by the Texas Commission on Law | ||
Enforcement [ |
||
(3) submit to inspections by the commission; and | ||
(4) immediately notify the commission of any riot, | ||
rebellion, escape, or other emergency situation occurring at the | ||
facility. | ||
(i) Chapter 1702, Occupations Code, does not apply to an | ||
employee of a facility in the actual discharge of duties as an | ||
employee of the facility if the employee is required by Subsection | ||
(f)(2) [ |
||
certification from the Texas Commission on Law Enforcement [ |
||
|
||
SECTION 2.31. Section 615.003, Government Code, is amended | ||
to read as follows: | ||
Sec. 615.003. APPLICABILITY. This chapter applies only to | ||
eligible survivors of the following individuals: | ||
(1) an individual elected, appointed, or employed as a | ||
peace officer by the state or a political subdivision of the state | ||
under Article 2.12, Code of Criminal Procedure, or other law; | ||
(2) a paid probation officer appointed by the director | ||
of a community supervision and corrections department who has the | ||
duties set out in Section 76.002 and the qualifications set out in | ||
Section 76.005, or who was appointed in accordance with prior law; | ||
(3) a parole officer employed by the Texas Department | ||
of Criminal Justice who has the duties set out in Section 508.001 | ||
and the qualifications set out in Section 508.113 or in prior law; | ||
(4) a paid jailer; | ||
(5) a member of an organized police reserve or | ||
auxiliary unit who regularly assists peace officers in enforcing | ||
criminal laws; | ||
(6) a member of the class of employees of the | ||
correctional institutions division formally designated as | ||
custodial personnel under Section 615.006 by the Texas Board of | ||
Criminal Justice or its predecessor in function; | ||
(7) a jailer or guard of a county jail who is appointed | ||
by the sheriff and who: | ||
(A) performs a security, custodial, or | ||
supervisory function over the admittance, confinement, or | ||
discharge of prisoners; and | ||
(B) is certified by the Texas Commission on Law | ||
Enforcement [ |
||
(8) a juvenile correctional employee of the Texas | ||
Juvenile Justice Department [ |
||
(9) an employee of the Department of Aging and | ||
Disability Services or Department of State Health Services who: | ||
(A) works at the department's maximum security | ||
unit; or | ||
(B) performs on-site services for the Texas | ||
Department of Criminal Justice; | ||
(10) an individual who is employed by the state or a | ||
political or legal subdivision and is subject to certification by | ||
the Texas Commission on Fire Protection; | ||
(11) an individual employed by the state or a | ||
political or legal subdivision whose principal duties are aircraft | ||
crash and rescue fire fighting; | ||
(12) a member of an organized volunteer fire-fighting | ||
unit that: | ||
(A) renders fire-fighting services without | ||
remuneration; and | ||
(B) conducts a minimum of two drills each month, | ||
each two hours long; | ||
(13) an individual who: | ||
(A) performs emergency medical services or | ||
operates an ambulance; | ||
(B) is employed by a political subdivision of the | ||
state or is an emergency medical services volunteer as defined by | ||
Section 773.003, Health and Safety Code; and | ||
(C) is qualified as an emergency care attendant | ||
or at a higher level of training under Section 773.046, 773.047, | ||
773.048, 773.049, or 773.0495, Health and Safety Code; | ||
(14) an individual who is employed or formally | ||
designated as a chaplain for: | ||
(A) an organized volunteer fire-fighting unit or | ||
other fire department of this state or of a political subdivision of | ||
this state; | ||
(B) a law enforcement agency of this state or of a | ||
political subdivision of this state; or | ||
(C) the Texas Department of Criminal Justice; or | ||
(15) an individual who is employed by the state or a | ||
political subdivision of the state and who is considered by the | ||
governmental employer to be a trainee for a position otherwise | ||
described by this section. | ||
SECTION 2.32. Subsections (b) and (c), Section 615.105, | ||
Government Code, are amended to read as follows: | ||
(b) On the death of an individual listed in Subsection (a), | ||
regardless of whether the individual died as a result of a personal | ||
injury sustained in the line of duty as a peace officer, the | ||
individual's next of kin may receive on request a state flag from | ||
the Texas Commission on Law Enforcement [ |
||
|
||
(c) If the office of the governor is notified of the death of | ||
an individual listed in Subsection (a) by the Texas Commission on | ||
Law Enforcement [ |
||
1701.161, Occupations Code, the office of the governor shall send | ||
to the individual's next of kin a certificate that expresses | ||
condolences and gratitude on behalf of the governor and the people | ||
of Texas for the individual's service as a Texas peace officer. | ||
SECTION 2.33. Subsection (b), Section 659.1031, Government | ||
Code, is amended to read as follows: | ||
(b) In this section, "eligible state employee organization" | ||
means a state employee organization with a membership of at least | ||
2,000 active or retired state employees who hold or who have held | ||
certification from the Texas Commission on Law Enforcement [ |
||
|
||
SECTION 2.34. Subdivision (9), Section 811.001, Government | ||
Code, is amended to read as follows: | ||
(9) "Law enforcement officer" means a member of the | ||
retirement system who: | ||
(A) has been commissioned as a law enforcement | ||
officer by the Department of Public Safety, the Texas Alcoholic | ||
Beverage Commission, the Parks and Wildlife Department, or the | ||
office of inspector general at the Texas Juvenile Justice | ||
Department [ |
||
(B) is recognized as a commissioned law | ||
enforcement officer by the Texas Commission on Law Enforcement | ||
[ |
||
SECTION 2.35. Section 2001.028, Government Code, is amended | ||
to read as follows: | ||
Sec. 2001.028. NOTICE OF PROPOSED LAW ENFORCEMENT RULES. | ||
Notice of the adoption of a proposed rule by the Commission on Jail | ||
Standards or the Texas Commission on Law Enforcement [ |
||
|
||
the state or of a political subdivision of the state is not | ||
effective until the notice is: | ||
(1) published as required by Section 2001.023; and | ||
(2) mailed to each law enforcement agency that may be | ||
affected by the proposed rule. | ||
SECTION 2.36. Subsection (a), Section 2054.352, Government | ||
Code, is amended to read as follows: | ||
(a) The following licensing entities shall participate in | ||
the system established under Section 2054.353: | ||
(1) Texas Board of Chiropractic Examiners; | ||
(2) Court Reporters Certification Board; | ||
(3) State Board of Dental Examiners; | ||
(4) Texas Funeral Service Commission; | ||
(5) Texas Board of Professional Land Surveying; | ||
(6) Texas Medical Board; | ||
(7) Texas Board of Nursing; | ||
(8) Texas Optometry Board; | ||
(9) Department of Agriculture, for licenses issued | ||
under Chapter 1951, Occupations Code; | ||
(10) Texas State Board of Pharmacy; | ||
(11) Executive Council of Physical Therapy and | ||
Occupational Therapy Examiners; | ||
(12) Texas State Board of Plumbing Examiners; | ||
(13) Texas State Board of Podiatric Medical Examiners; | ||
(14) Texas State Board of Examiners of Psychologists; | ||
(15) State Board of Veterinary Medical Examiners; | ||
(16) Texas Real Estate Commission; | ||
(17) Texas Appraiser Licensing and Certification | ||
Board; | ||
(18) Texas Department of Licensing and Regulation; | ||
(19) Texas State Board of Public Accountancy; | ||
(20) State Board for Educator Certification; | ||
(21) Texas Board of Professional Engineers; | ||
(22) Department of State Health Services; | ||
(23) Texas Board of Architectural Examiners; | ||
(24) Texas Racing Commission; | ||
(25) Texas Commission on Law Enforcement [ |
||
|
||
(26) Texas Private Security Board. | ||
SECTION 2.37. Subdivision (2), Section 3105.002, | ||
Government Code, is amended to read as follows: | ||
(2) "Commission" means the Texas Commission on Law | ||
Enforcement [ |
||
SECTION 2.38. Subsection (b), Section 431.2471, Health and | ||
Safety Code, is amended to read as follows: | ||
(b) The department may not employ a peace officer under this | ||
section unless: | ||
(1) the employee will enforce the food and drug | ||
portions of this chapter; | ||
(2) the Texas Commission on Law Enforcement [ |
||
|
||
a peace officer; | ||
(3) the commissioner recommends the employee to the | ||
department as being qualified to enforce the food and drug laws | ||
within the jurisdiction of the department; and | ||
(4) the employee also serves simultaneously as the | ||
director of the food and drugs division of the department. | ||
SECTION 2.39. Subsection (e), Section 614.002, Health and | ||
Safety Code, is amended to read as follows: | ||
(e) The executive head of each of the following agencies, | ||
divisions of agencies, or associations, or that person's designated | ||
representative, shall serve as a member of the committee: | ||
(1) the correctional institutions division of the | ||
Texas Department of Criminal Justice; | ||
(2) the Department of State Health Services; | ||
(3) the parole division of the Texas Department of | ||
Criminal Justice; | ||
(4) the community justice assistance division of the | ||
Texas Department of Criminal Justice; | ||
(5) [ |
||
[ |
||
|
||
(6) [ |
||
Rehabilitative Services; | ||
(7) [ |
||
Committee; | ||
(8) [ |
||
(9) [ |
||
(10) [ |
||
[ |
||
(11) [ |
||
Health and Mental Retardation Centers; | ||
(12) [ |
||
(13) [ |
||
Disabilities; | ||
(14) [ |
||
Citizens; | ||
(15) [ |
||
of Texas; | ||
(16) [ |
||
Texas, Inc.; | ||
(17) [ |
||
and | ||
(18) [ |
||
Services. | ||
SECTION 2.40. Section 614.016, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 614.016. CONTINUITY OF CARE FOR CERTAIN OFFENDERS BY | ||
LAW ENFORCEMENT AND JAILS. (a) The office, the Texas Commission | ||
on Law Enforcement [ |
||
identification and records of the Department of Public Safety, and | ||
the Commission on Jail Standards by rule shall adopt a memorandum of | ||
understanding that establishes their respective responsibilities | ||
to institute a continuity of care and service program for offenders | ||
in the criminal justice system who are mentally impaired, elderly, | ||
physically disabled, terminally ill, or significantly ill. | ||
(b) The memorandum of understanding must establish methods | ||
for: | ||
(1) identifying offenders in the criminal justice | ||
system who are mentally impaired, elderly, physically disabled, | ||
terminally ill, or significantly ill; | ||
(2) developing procedures for the exchange of | ||
information relating to offenders who are mentally impaired, | ||
elderly, physically disabled, terminally ill, or significantly ill | ||
by the office, the Texas Commission on Law Enforcement [ |
||
|
||
use in the continuity of care and services program; and | ||
(3) adopting rules and standards that assist in the | ||
development of a continuity of care and services program for | ||
offenders who are mentally impaired, elderly, physically disabled, | ||
terminally ill, or significantly ill. | ||
SECTION 2.41. Subsection (a), Section 142.006, Human | ||
Resources Code, is amended to read as follows: | ||
(a) A juvenile probation officer may carry a firearm in the | ||
course of the officer's official duties if: | ||
(1) the juvenile probation officer possesses a | ||
certificate of firearms proficiency issued by the Texas Commission | ||
on Law Enforcement [ |
||
1701.259, Occupations Code; | ||
(2) the chief juvenile probation officer of the | ||
juvenile probation department that employs the juvenile probation | ||
officer authorizes the juvenile probation officer to carry a | ||
firearm in the course of the officer's official duties; and | ||
(3) the juvenile probation officer has been employed | ||
for at least one year by the juvenile probation department | ||
described by Subdivision (2). | ||
SECTION 2.42. Subsection (b), Section 221.011, Human | ||
Resources Code, is amended to read as follows: | ||
(b) Peace officers employed and commissioned under | ||
Subsection (a) must be certified by the Texas Commission on Law | ||
Enforcement [ |
||
Occupations Code. | ||
SECTION 2.43. Subsection (e), Section 242.102, Human | ||
Resources Code, is amended to read as follows: | ||
(e) Peace officers employed and commissioned under | ||
Subsection (d) must: | ||
(1) be certified by the Texas Commission on Law | ||
Enforcement [ |
||
Occupations Code; and | ||
(2) complete advanced courses relating to the duties | ||
of peace officers employed and commissioned under Subsection (d) as | ||
part of any continuing education requirements for the peace | ||
officers. | ||
SECTION 2.44. Subsection (b), Section 243.052, Human | ||
Resources Code, is amended to read as follows: | ||
(b) Peace officers employed and commissioned under | ||
Subsection (a) must be certified by the Texas Commission on Law | ||
Enforcement [ |
||
Occupations Code. | ||
SECTION 2.45. Subsections (d), (e), and (f), Section | ||
302.017, Labor Code, are amended to read as follows: | ||
(d) The commission shall contract with the Texas Commission | ||
on Law Enforcement [ |
||
license verification interface to verify whether an applicant for | ||
employment as a peace officer: | ||
(1) holds a current license issued by the Texas | ||
Commission on Law Enforcement [ |
||
under Chapter 1701, Occupations Code, and, if so, the level of that | ||
license; and | ||
(2) has had the applicant's license revoked or | ||
suspended by the Texas Commission on Law Enforcement [ |
||
|
||
(e) The Texas Commission on Law Enforcement [ |
||
|
||
technical assistance in the development and testing of the license | ||
verification interface under Subsection (d). | ||
(f) If the development and operation of the Internet website | ||
and the associated license verification interface is not possible | ||
due to a lack of available funding, the commission shall: | ||
(1) enter into a memorandum of understanding with the | ||
Texas Commission on Law Enforcement [ |
||
|
||
individuals seeking employment as peace officers in this state and | ||
state and local law enforcement agencies seeking applicants for | ||
employment as peace officers into the commission's existing Labor | ||
Exchange System; and | ||
(2) ensure that: | ||
(A) the commission registers an Internet domain | ||
name that is unique and that identifies on its face the purpose of | ||
the peace officer job matching database; and | ||
(B) the registered domain name and associated | ||
link directs users of the Internet to a web page that instructs | ||
users on how to use the Labor Exchange System and includes a link to | ||
enter that system. | ||
SECTION 2.46. Subsection (a), Section 85.0025, Local | ||
Government Code, is amended to read as follows: | ||
(a) The Texas Commission on Law Enforcement [ |
||
|
||
not a commissioned peace officer[ |
||
of instruction in law enforcement. The commission shall allow a | ||
sheriff at least two but not more than four years after the date on | ||
which the sheriff assumes office to complete the hours of | ||
instruction. | ||
SECTION 2.47. Subsection (b), Section 141.009, Local | ||
Government Code, is amended to read as follows: | ||
(b) In this chapter, "member of the police department" means | ||
an employee of the police department who has been licensed as a | ||
peace officer by the Texas Commission on Law Enforcement [ |
||
|
||
SECTION 2.48. Subsection (b), Section 143.013, Local | ||
Government Code, is amended to read as follows: | ||
(b) A person appointed as head of a fire department must be | ||
eligible for certification by the Texas Commission on Fire | ||
Protection [ |
||
level or its equivalent as determined by that commission and must | ||
have served as a fully paid fire fighter for at least five years. A | ||
person appointed as head of a police department must be eligible for | ||
certification by the Texas Commission on Law Enforcement [ |
||
|
||
equivalent as determined by that commission and must have served as | ||
a bona fide law enforcement officer for at least five years. | ||
SECTION 2.49. Subsection (e), Section 143.023, Local | ||
Government Code, is amended to read as follows: | ||
(e) An applicant may not be certified as eligible for a | ||
beginning position with a police department unless the applicant | ||
meets all legal requirements necessary to become eligible for | ||
future licensing by the Texas Commission on Law Enforcement | ||
[ |
||
SECTION 2.50. Subsection (a), Section 143.027, Local | ||
Government Code, is amended to read as follows: | ||
(a) A person appointed to a beginning position in the fire | ||
or police department must serve a probationary period of one year | ||
beginning on that person's date of employment as a fire fighter, | ||
police officer, or academy trainee. In a municipality with a | ||
population of less than 1.9 million, the commission by rule may | ||
extend the probationary period by not more than six months for a | ||
person who: | ||
(1) is not employed by a department in which a | ||
collective bargaining agreement or a meet-and-confer agreement | ||
currently exists or previously existed; and | ||
(2) is required to attend a basic training academy for | ||
initial certification by the Texas Commission on Fire Protection or | ||
the Texas Commission on Law Enforcement [ |
||
|
||
SECTION 2.51. Subsection (b), Section 143.044, Local | ||
Government Code, is amended to read as follows: | ||
(b) If each fire fighter or police officer in a municipality | ||
is afforded an opportunity to qualify for certification, the | ||
municipality's governing body may authorize certification pay to | ||
those fire fighters who meet the requirements for certification set | ||
by the Texas Commission on Fire Protection [ |
||
|
||
for certification set by the Texas Commission on Law Enforcement | ||
[ |
||
SECTION 2.52. Section 143.105, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 143.105. ELIGIBILITY FOR BEGINNING POSITION IN POLICE | ||
DEPARTMENT. In addition to meeting the eligibility requirements | ||
prescribed by Section 143.023, to be certified as eligible for a | ||
beginning position with a police department, a person must be at | ||
least 21 years of age at the end of the probationary period and | ||
have: | ||
(1) served in the United States armed forces and | ||
received an honorable discharge; | ||
(2) earned at least 60 hours' credit in any area of | ||
study at an accredited college or university, of which not more than | ||
12 hours' credit may be earned for training at the police officer | ||
training academy operated or sponsored by the municipality; or | ||
(3) been employed full-time for at least five years as | ||
a peace officer licensed by: | ||
(A) the Texas Commission on Law Enforcement | ||
[ |
||
(B) an acceptable licensing entity in another | ||
state that has law enforcement officer licensing requirements | ||
substantially equivalent to those of Chapter 1701, Occupations | ||
Code. | ||
SECTION 2.53. Subsection (a), Section 143.112, Local | ||
Government Code, is amended to read as follows: | ||
(a) In this section: | ||
(1) "Accredited college or university" means a college | ||
or university that is: | ||
(A) accredited by a nationally recognized | ||
accrediting agency and by the state board of education in the state | ||
in which the college or university is located; and | ||
(B) approved or certified by: | ||
(i) the Texas Commission on Law Enforcement | ||
[ |
||
or its equivalent in law enforcement; or | ||
(ii) the Texas Commission on Fire | ||
Protection [ |
||
(2) "Core curriculum in law enforcement" means those | ||
courses in law enforcement education approved by the Coordinating | ||
Board, Texas College and University System, and the Texas | ||
Commission on Law Enforcement [ |
||
SECTION 2.54. Subsection (b), Section 254.023, Local | ||
Government Code, is amended to read as follows: | ||
(b) The board may: | ||
(1) manage, control, maintain, and operate the island | ||
property; | ||
(2) employ a general manager and any other officer, | ||
employee, or representative the board considers appropriate; | ||
(3) prepare and adopt a budget, set charges for a | ||
service or facility, authorize an expenditure, and manage and | ||
control the income and revenue of the island property; | ||
(4) determine policies and adopt rules and procedures | ||
for the operation of the island property; | ||
(5) acquire property or an interest in property to | ||
accomplish the purposes of this chapter and construct an | ||
improvement or facility on the property; | ||
(6) contract in its own name, but not in the name of | ||
the municipality; | ||
(7) sue and be sued in its own name; | ||
(8) adopt, use, and alter a corporate seal; and | ||
(9) establish a security force and commission as a | ||
peace officer an employee of the force who is licensed by the Texas | ||
Commission on Law Enforcement [ |
||
SECTION 2.55. Subsection (a), Section 306.040, Local | ||
Government Code, is amended to read as follows: | ||
(a) The board may employ permanent or temporary personnel as | ||
it may require, including: | ||
(1) secretaries, stenographers, bookkeepers, | ||
accountants, and technical experts; | ||
(2) municipal park and recreational patrol officers | ||
[ |
||
officers, who must be licensed as peace officers by the Texas | ||
Commission on Law Enforcement [ |
||
(3) unarmed security guards; and | ||
(4) parking attendants. | ||
SECTION 2.56. Subsection (a), Section 254.013, Occupations | ||
Code, is amended to read as follows: | ||
(a) The board may commission as a peace officer to enforce | ||
this subtitle an employee who has been certified as qualified to be | ||
a peace officer by the Texas Commission on Law Enforcement [ |
||
|
||
SECTION 2.57. Subsection (a), Section 554.010, Occupations | ||
Code, is amended to read as follows: | ||
(a) The board may commission as a peace officer to enforce | ||
this subtitle an employee who has been certified as qualified to be | ||
a peace officer by the Texas Commission on Law Enforcement [ |
||
|
||
SECTION 2.58. Section 651.409, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 651.409. NOTICE TO NEXT OF KIN OF DECEASED PEACE | ||
OFFICER. A funeral director who prepares a deceased peace officer | ||
for burial or other disposition shall make every effort to advise | ||
the next of kin of the officer that the next of kin of a person who | ||
at the time of death was a peace officer or an honorably retired | ||
peace officer who voluntarily terminated employment with a law | ||
enforcement agency of this state or a political subdivision of this | ||
state is eligible on request to receive a state flag from the Texas | ||
Commission on Law Enforcement [ |
||
no cost to the next of kin. | ||
SECTION 2.59. Subsection (b), Section 11.0201, Parks and | ||
Wildlife Code, is amended to read as follows: | ||
(b) An applicant for a special game warden commission must | ||
meet the minimum standards for licensing of a peace officer under | ||
the rules adopted by the Texas Commission on Law Enforcement | ||
[ |
||
SECTION 2.60. Subsection (f), Section 46.05, Penal Code, is | ||
amended to read as follows: | ||
(f) It is a defense to prosecution under this section for | ||
the possession of a chemical dispensing device that the actor is a | ||
security officer and has received training on the use of the | ||
chemical dispensing device by a training program that is: | ||
(1) provided by the Texas Commission on Law | ||
Enforcement [ |
||
(2) approved for the purposes described by this | ||
subsection by the Texas Private Security Board of the Department of | ||
Public Safety. | ||
SECTION 2.61. Subsection (b), Section 54.053, | ||
Transportation Code, is amended to read as follows: | ||
(b) A board may: | ||
(1) manage, control, maintain, and operate each port | ||
improvement or facility constituting a port or harbor of the | ||
municipality; | ||
(2) employ a general manager and any other officer, | ||
employee, or representative the board considers appropriate; | ||
(3) notwithstanding any law or charter provision to | ||
the contrary: | ||
(A) prepare and adopt a budget for the operation | ||
of a port or harbor of the municipality; | ||
(B) set charges for a service or facility; | ||
(C) authorize an expenditure; and | ||
(D) manage and control the income and revenue of | ||
each port or harbor of the municipality; | ||
(4) determine policies and adopt rules and procedures | ||
for the operation of each port or harbor of the municipality; | ||
(5) acquire property or an interest in property for | ||
any purpose set forth in Section 54.003 in the manner provided by | ||
this chapter and construct a port improvement or facility on the | ||
property; | ||
(6) contract in its own name, but not in the name of | ||
the municipality; | ||
(7) sue and be sued in its own name; | ||
(8) adopt, use, and alter a corporate seal; | ||
(9) establish a port security force, employ public | ||
security officers licensed by the Texas Commission on Law | ||
Enforcement [ |
||
employees of the force as peace officers; | ||
(10) own, establish, construct, improve, equip, | ||
maintain, operate, regulate, protect, or police any transportation | ||
facility and any necessary appurtenance to that facility; | ||
(11) construct, lease, improve, enlarge, extend, | ||
repair, maintain, replace, develop, or operate a port improvement | ||
or facility; | ||
(12) exercise all powers of a municipality relating to | ||
the creation of an economic development program under Chapter 380, | ||
Local Government Code, for the purpose of making grants and loans; | ||
and | ||
(13) exercise any additional power granted by the | ||
ordinance or charter. | ||
ARTICLE 3. TRANSITION AND EFFECTIVE DATE | ||
SECTION 3.01. (a) Effective January 1, 2014: | ||
(1) the name of the Commission on Law Enforcement | ||
Officer Standards and Education is changed to the Texas Commission | ||
on Law Enforcement, and all powers, duties, rights, and obligations | ||
of the Commission on Law Enforcement Officer Standards and | ||
Education are the powers, duties, rights, and obligations of the | ||
Texas Commission on Law Enforcement; | ||
(2) a member of the Commission on Law Enforcement | ||
Officer Standards and Education is a member of the Texas Commission | ||
on Law Enforcement; and | ||
(3) any appropriation to the Commission on Law | ||
Enforcement Officer Standards and Education is an appropriation to | ||
the Texas Commission on Law Enforcement. | ||
(b) Effective January 1, 2014, a reference in law to the | ||
Commission on Law Enforcement Officer Standards and Education is a | ||
reference to the Texas Commission on Law Enforcement. | ||
(c) The Texas Commission on Law Enforcement is the successor | ||
to the Commission on Law Enforcement Officer Standards and | ||
Education in all respects. All personnel, equipment, data, | ||
documents, facilities, contracts, items, other property, rules, | ||
decisions, and proceedings of or involving the Commission on Law | ||
Enforcement Officer Standards and Education are unaffected by the | ||
change in the name of the agency. | ||
(d) The Commission on Law Enforcement Officer Standards and | ||
Education shall adopt a schedule for phasing in the change of the | ||
agency's name so as to minimize the fiscal impact of the name | ||
change. Until January 1, 2014, to allow for phasing in the change | ||
of the agency's name and in accordance with the schedule | ||
established as required by this section, the agency may perform any | ||
act authorized by law for the Commission on Law Enforcement Officer | ||
Standards and Education as the Commission on Law Enforcement | ||
Officer Standards and Education or as the Texas Commission on Law | ||
Enforcement. Any act of the Commission on Law Enforcement Officer | ||
Standards and Education acting as the Texas Commission on Law | ||
Enforcement on or after the effective date of this Act and before | ||
January 1, 2014, is an act of the Commission on Law Enforcement | ||
Officer Standards and Education. | ||
SECTION 3.02. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 686 passed the Senate on | ||
April 4, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 686 passed the House on | ||
May 2, 2013, by the following vote: Yeas 147, Nays 0, two present | ||
not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |