|
|
|
|
AN ACT
|
|
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 [Officer Standards and Education]. |
|
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 [Officer Standards and Education] is |
|
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 [OFFICER
|
|
STANDARDS AND EDUCATION] |
|
SECTION 1.05. Subsection (a), Section 1701.051, |
|
Occupations Code, is amended to read as follows: |
|
(a) The Texas Commission on Law Enforcement [Officer
|
|
Standards and Education] is an agency of this state and consists of |
|
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 [Officer Standards and Education] |
|
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 [Officer Standards and Education]; |
|
(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 |
|
[Officer Standards and Education]. |
|
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 [Officer Standards and Education]; |
|
(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 |
|
[Officer Standards and Education]. |
|
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 [Officer
|
|
Standards and Education]. |
|
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 |
|
[Officer Standards and Education]; and |
|
(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 |
|
[Officer Standards and Education] that the chief administrator of a |
|
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 [Officer Standards and
|
|
Education] and, if the law enforcement agency is a local law |
|
enforcement agency, to the governing body of each county or |
|
municipality served by the agency. |
|
(e) The Texas Commission on Law Enforcement [Officer
|
|
Standards and Education], in accordance with Section 1701.162, |
|
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 |
|
[Officer Standards and Education] that the chief administrator of a |
|
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 [Officer Standards and Education]. |
|
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 [Officer Standards and Education]: |
|
(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 [415, Government] |
|
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 [Officer
|
|
Standards and Education], by mail or electronically, the license |
|
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 [Officer Standards and Education] to implement |
|
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 |
|
[Officer Standards and Education]. |
|
(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 |
|
[Officer Standards and Education]. |
|
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 [Officers and Standards]. |
|
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 [Officer Standards and
|
|
Education]. The employing medical corporation or parent |
|
corporation shall pay to the Texas Commission on Law Enforcement |
|
[Officer Standards and Education] on behalf of an employee any fees |
|
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 [Officer Standards and
|
|
Education]. |
|
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 [Officer Standards and Education] as qualified to be |
|
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 [Officer Standards and Education]. |
|
(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 |
|
[Officer Standards and Education] by rule shall establish a uniform |
|
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 [Officer Standards and Education] by rule shall |
|
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 [Officer
|
|
Standards and Education]. |
|
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, [415] from |
|
the Texas Commission on Law Enforcement [Officer Standards and
|
|
Education]. The sheriff of Kaufman County shall deputize the |
|
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 [Officer Standards and Education]. |
|
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, [415] |
|
from the Texas Commission on Law Enforcement [Officer Standards and
|
|
Education]. This subsection does not apply to a person serving as |
|
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 [Officer Standards and Education]. |
|
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 |
|
[Officer Standards and Education] under Section 1701.257, |
|
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 [OFFICER
|
|
STANDARDS AND EDUCATION]. The Texas Commission on Law Enforcement |
|
[Officer Standards and Education] is entitled to obtain from the |
|
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 [Officer
|
|
Standards and Education] for purposes of Section 1702.1675, |
|
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 [Officer Standards and Education] or under Chapter |
|
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 |
|
[Transportation] and Homeland Security; |
|
(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 [Officer
|
|
Standards and Education]; |
|
(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 [Officer Standards and Education] as qualified to |
|
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 [Officer Standards and
|
|
Education]. |
|
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 [Officer Standards and Education] at a price that does |
|
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 [Officer Standards and Education]; |
|
(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) [or by Section 1701.406, Occupations Code,] to maintain |
|
certification from the Texas Commission on Law Enforcement [Officer
|
|
Standards and Education]. |
|
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 [Officer Standards and Education]; |
|
(8) a juvenile correctional employee of the Texas |
|
Juvenile Justice Department [Youth Commission]; |
|
(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 [Officer Standards and
|
|
Education]. |
|
(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 [Officer Standards and Education] under Section |
|
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 [Officer
|
|
Standards and Education]. |
|
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 [Youth Commission]; and |
|
(B) is recognized as a commissioned law |
|
enforcement officer by the Texas Commission on Law Enforcement |
|
[Officer Standards and Education]. |
|
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 [Officer
|
|
Standards and Education] that affects a law enforcement agency of |
|
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 [Officer
|
|
Standards and Education]; and |
|
(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 [Officer Standards and Education]. |
|
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 [Officer
|
|
Standards and Education] certifies the employee as qualified to be |
|
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) [the Texas Juvenile Probation Commission;
|
|
[(6)] the Texas Juvenile Justice Department [Youth
|
|
Commission]; |
|
(6) [(7)] the Department of Assistive and |
|
Rehabilitative Services; |
|
(7) [(8)] the Correctional Managed Health Care |
|
Committee; |
|
(8) [(9)] the Mental Health Association in Texas; |
|
(9) [(10)] the Board of Pardons and Paroles; |
|
(10) [(11)] the Texas Commission on Law Enforcement |
|
[Officer Standards and Education]; |
|
(11) [(12)] the Texas Council of Community Mental |
|
Health and Mental Retardation Centers; |
|
(12) [(13)] the Commission on Jail Standards; |
|
(13) [(14)] the Texas Council for Developmental |
|
Disabilities; |
|
(14) [(15)] the Texas Association for Retarded |
|
Citizens; |
|
(15) [(16)] the National Alliance for the Mentally Ill |
|
of Texas; |
|
(16) [(17)] the Parent Association for the Retarded of |
|
Texas, Inc.; |
|
(17) [(18)] the Health and Human Services Commission; |
|
and |
|
(18) [(19)] the Department of Aging and Disability |
|
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 [Officer Standards and Education], the bureau of |
|
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 [Officer
|
|
Standards and Education], and the Commission on Jail Standards for |
|
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 [Officer Standards and Education] under Section |
|
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 [Officer Standards and Education] under Chapter 1701, |
|
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 [Officer Standards and Education] under Chapter 1701, |
|
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 [Officer Standards and Education] under Chapter 1701, |
|
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 [Officer Standards and Education] to develop a |
|
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 [Officer Standards and Education] |
|
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 [Officer
|
|
Standards and Education]. |
|
(e) The Texas Commission on Law Enforcement [Officer
|
|
Standards and Education] shall provide the commission with |
|
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 [Officer Standards and
|
|
Education] to integrate a peace officer job matching database for |
|
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 [Officer
|
|
Standards and Education] may require each county sheriff[,] who is |
|
not a commissioned peace officer[,] to attend not more than 40 hours |
|
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 [Officer
|
|
Standards and Education]. |
|
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 [Personnel Standards and Education] at the intermediate |
|
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 [Officer
|
|
Standards and Education] at the intermediate level or its |
|
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 |
|
[Officer Standards and Education]. |
|
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 [Officer Standards and
|
|
Education]. |
|
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 [Personnel Standards and
|
|
Education] or for those police officers who meet the requirements |
|
for certification set by the Texas Commission on Law Enforcement |
|
[Officer Standards and Education]. |
|
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 |
|
[Officer Standards and Education]; or |
|
(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 |
|
[Officer Standards and Education] as teaching the core curriculum |
|
or its equivalent in law enforcement; or |
|
(ii) the Texas Commission on Fire |
|
Protection [Personnel Standards and Education]. |
|
(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 [Officer Standards and Education]. |
|
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 [Officer Standards and Education]. |
|
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 |
|
[patrolmen] and security officers employed as special park police |
|
officers, who must be licensed as peace officers by the Texas |
|
Commission on Law Enforcement [Officer Standards and Education]; |
|
(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 [Officer
|
|
Standards and Education]. |
|
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 [Officer
|
|
Standards and Education]. |
|
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 [Officer Standards and Education] at |
|
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 |
|
[Officer Standards and Education]. |
|
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 [Officer Standards and Education]; or |
|
(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 [Officer Standards and Education], and commission |
|
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 |