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Occupations Code - CHAPTER 1701

TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY

CHAPTER 1701. LAW ENFORCEMENT OFFICERS

SUBCHAPTER A. GENERAL PROVISIONS

1701.001. Definitions

     In this chapter:

     (1) "Commission" means the Commission on Law Enforcement Officer Standards and Education.

     (2) "County jailer" means a person employed as a county jail guard under Section 85.005, Local Government Code.

     (3) "Officer" means a peace officer or reserve law enforcement officer.

     (4) "Peace officer" means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, or other law.

     (5) "Public security officer" means a person employed or appointed as an armed security officer by this state or a political subdivision of this state. The term does not include a security officer employed by a private security company that contracts with this state or a political subdivision of this state to provide security services for the entity.

     (6) "Reserve law enforcement officer" means a person designated as a reserve law enforcement officer under Section 85.004, 86.012, or 341.012, Local Government Code.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.002. Application of Sunset Act

      The 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, 2009.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.003. Application of Chapter

     (a) Except as expressly provided by this chapter, this chapter does not:

     (1) limit the powers or duties of a municipality or county; or

     (2) affect Chapter 143, Local Government Code.

     (b) This chapter does not affect a constable or other officer or county jailer elected under the Texas Constitution before September 1, 1985, and does not affect a person who held the office of sheriff before January 1, 1994.

     (c) This chapter does not prevent an employing agency from establishing qualifications and standards for hiring or training officers and county jailers that exceed the commission's minimum standards.

     (d) A provision of this chapter applying to issuance or revocation of a peace officer license applies to issuance or revocation of a public security officer license.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

SUBCHAPTER B. COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION

1701.051. Commission Membership

     (a) The 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.

     (b) Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

     (c) A public officer appointed to the commission serves on the commission as an additional duty of the office.

     (d) The following officers serve as ex officio members of the commission:

     (1) the commissioner of higher education of the Texas Higher Education Coordinating Board;

     (2) the commissioner of the Texas Education Agency;

     (3) the director of the Department of Public Safety;

     (4) the executive director of the criminal justice division of the governor's office; and

     (5) the attorney general.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.052. Eligibility of Public Members

     A person is not eligible for appointment as a public member of the commission if the person or the person's spouse:

     (1) is registered, certified, or licensed by an occupational regulatory agency in the field of law enforcement;

     (2) is employed by or participates in the management of a business entity or other organization regulated by the commission or receiving funds from the commission;

     (3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the commission or receiving funds from the commission;

     (4) uses or receives a substantial amount of tangible goods, services, or funds from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses; or

     (5) is an officer, employee, or paid consultant of a law enforcement labor union.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.053. Membership and Employee Restrictions

     (a) In this section, "Texas trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

     (b) An officer, employee, or paid consultant of a Texas trade association in the field of law enforcement may not be a commission member and may not be an employee of the commission who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule.

     (c) A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of law enforcement may not be a commission member and may not be an employee of the commission who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule.

     (d) A person may not serve as a member of the commission or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the commission's operation.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.054. Terms; Vacancy

     (a) Appointed commission members serve staggered six-year terms. Every two years:

     (1) the term of one of the members appointed under Section 1701.051(a)(1) expires;

     (2) the term of one of the members appointed under Section 1701.051(a)(2) expires; and

     (3) the term of one of the members appointed under Section 1701.051(a)(3) expires.

     (b) A vacancy in an office of a member of the commission shall be filled for the unexpired term.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.055. Officers; Quorum; Voting

     (a) The governor shall designate a commission member to serve as the commission's presiding officer. The presiding officer serves in that capacity at the will of the governor.

     (b) At its first meeting after appointment of members to serve regular terms, the commission shall elect an assistant presiding officer and a secretary from its appointed members.

     (c) Five members, excluding ex officio members, constitute a quorum.

     (d) An ex officio member may not vote.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.056. Grounds for Removal

     (a) It is a ground for removal from the commission that a member:

     (1) does not have at the time of appointment the qualifications required by Section 1701.051(a) or 1701.052;

     (2) does not maintain during service on the commission the qualifications required by Section 1701.051(a) or 1701.052;

     (3) violates a prohibition established by Section 1701.053;

     (4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or

     (5) is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year.

     (b) The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.

     (c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the commission's presiding officer of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall notify the governor and the attorney general that a potential ground for removal exists.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.057. Compensation; Reimbursement

     (a) A commission member may not receive compensation for service on the commission.

     (b) A commission member is entitled to reimbursement for actual and necessary expenses incurred in performing functions under this chapter.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.058. Meetings

     (a) The commission shall meet at least once during each biennium to receive public comment on training and standards for officers and county jailers. Within a reasonable time after the meeting, the commission shall report to the governor and legislature findings and recommendations resulting from the meeting.

     (b) The commission may meet at other times and places in this state that the commission considers proper. The presiding officer may call a meeting on the officer's own motion and shall call a meeting on the written request of five members.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.059. Training

     (a) To be eligible to take office as a member of the commission, a person appointed to the commission must complete at least one course of a training program that complies with this section.

     (b) The training program shall provide information to a member regarding:

     (1) this chapter;

     (2) the programs operated by the commission;

     (3) the role and functions of the commission;

     (4) the rules of the commission, with an emphasis on the rules that relate to disciplinary and investigatory authority;

     (5) the current budget for the commission;

     (6) the results of the most recent formal audit of the commission;

     (7) the requirements of Chapters 551, 552, and 2001, Government Code;

     (8) the requirements of the conflict of interest laws and other laws relating to public officials; and

     (9) any applicable ethics policies adopted by the commission or the Texas Ethics Commission.

     (c) A person appointed to the commission is entitled to reimbursement for travel expenses incurred in attending the training program, as provided by the General Appropriations Act, as if the person were a member of the commission.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.060. Application of Open Records Law and Administrative Procedure Law

      Except as provided by Sections 1701.502 and 1701.503, the commission is subject to Chapters 551 and 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL

1701.101. Executive Director

     The commission may employ an executive director.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.102. Personnel

     The commission may employ personnel necessary to perform commission functions.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.103. Division of Responsibilities

     The commission shall develop and implement policies that clearly define the policy-making responsibilities of the commission and the management responsibilities of the executive director and the staff of the commission.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.104. Qualifications and Standards of Conduct Information

     The executive director or the executive director's designee shall provide, as often as necessary, to the commission's members and employees information regarding their:

     (1) qualifications for office or employment under this chapter; and

     (2) responsibilities under applicable laws relating to standards of conduct for state officers or employees.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.105. Career Ladder Program; Performance Evaluations

     (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees within the agency. The program must require intra-agency posting of all positions concurrently with any public posting.

     (b) The executive director or the executive director's designee shall develop a system of annual performance evaluations that are based on documented employee performance. All merit pay for commission employees must be based on this system.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.106. Equal Employment Opportunity Policy; Report

     (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement must include:

     (1) personnel policies, including policies related to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code;

     (2) a comprehensive analysis of the commission workforce that meets federal and state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations;

     (3) procedures by which a determination can be made of underuse in the commission workforce of all persons for whom federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations encourage a more equitable balance; and

     (4) reasonable methods to appropriately address those areas of underuse.

     (b) A policy statement prepared under Subsection (a) must:

     (1) cover an annual period;

     (2) be updated annually;

     (3) be reviewed by the Commission on Human Rights for compliance with Subsection (a)(1); and

     (4) be filed with the governor.

     (c) The governor shall deliver a biennial report to the legislature based on the information received under Subsection (b). The report may be made separately or as a part of other biennial reports to the legislature.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

SUBCHAPTER D. POWERS AND DUTIES OF COMMISSION

1701.151. General Powers of Commission; Rulemaking Authority

     The commission may:

     (1) adopt rules for the administration of this chapter and for the commission's internal management and control;

     (2) establish minimum standards relating to competence and reliability, including education, training, physical, mental, and moral standards, for licensing as an officer, county jailer, or public security officer;

     (3) report to the governor and legislature on the commission's activities, with recommendations on matters under the commission's jurisdiction, and make other reports that the commission considers desirable;

     (4) require a state agency or a county, special district, or municipality in this state that employs officers or county jailers to submit reports and information;

     (5) contract as the commission considers necessary for services, facilities, studies, and reports required for:

     (A) cooperation with municipal, county, special district, state, and federal law enforcement agencies in training programs; and

     (B) performance of the commission's other functions; and

     (6) conduct research and stimulate research by public and private agencies to improve law enforcement and police administration.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.152. Rules Relating to Hiring Date of Peace Officer

     The commission may not adopt or enforce a rule that sets the date of appointment of a peace officer at a later date than the date that appears on employment records of the hiring law enforcement agency.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.153. Reports From Agencies and Schools

     (a) The commission shall establish reporting standards and procedures for:

     (1) appointment and termination of officers and county jailers by law enforcement agencies;

     (2) the activities of licensed training schools; and

     (3) other matters the commission considers necessary for the administration of this chapter.

     (b) The commission shall furnish each agency and licensed training school with the required reporting forms.

     (c) The chief administrative officer of a law enforcement agency or licensed training school is responsible for compliance with the reporting standards and procedures prescribed by the commission.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.154. Fees

     The commission may establish reasonable and necessary fees for the administration of this chapter, including reasonable and necessary fees for the administration of Section 1701.257.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.155. Gifts and Grants

     The commission may accept grants or gifts from private individuals, foundations, or the federal government.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.156. Law Enforcement Officer Standards and Education Fund

     (a) The law enforcement officer standards and education fund account is in the general revenue fund.

     (b) The commission shall use the account in administering this chapter and performing other commission duties established by law.

     (c) Money in the account at the end of the state fiscal year, other than money appropriated to the commission, shall be transferred to the general revenue fund.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.157. Money Allocated and Used for Continuing Education

     (a) Not later than March 1 of each calendar year, the comptroller shall allocate money deposited during the preceding calendar year in the general revenue fund to the credit of the law enforcement officer standards and education fund account for expenses related to the continuing education of persons licensed under this chapter as follows:

     (1) 20 percent of the money is allocated to all local law enforcement agencies in this state in equal shares; and

     (2) 80 percent of the money is allocated to all local law enforcement agencies in this state in a share representing a fixed amount for each position in the agency, as of January 1 of the preceding calendar year, that is reserved to a person who:

     (A) is licensed under this chapter;

     (B) works as a peace officer on the average of at least 32 hours a week; and

     (C) is compensated by a political subdivision of this state at least at the minimum wage and is entitled to all employee benefits offered to a peace officer by the political subdivision.

     (b) Not later than November 1 of each calendar year, each local law enforcement agency shall report to the comptroller the number of agency positions described by Subsection (a)(2) as of January 1 of that year.

     (c) The head of a law enforcement agency shall maintain a complete and detailed written record of money received and spent by the agency under this section. Money received under this section is subject to audit by the comptroller. Money spent under this section is subject to audit by the state auditor.

     (d) A local law enforcement agency shall use money received under Subsection (a) only as necessary to ensure the continuing education of persons licensed under this chapter or to provide necessary training, as determined by the agency head, to full-time fully paid law enforcement support personnel in the agency.

     (e) A local law enforcement agency may not use money received under Subsection (a) to replace funds that are provided to the agency by the county or municipality having jurisdiction over the agency on a recurring basis for training law enforcement officers and support personnel.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.158. Annual Report

     (a) The commission shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the commission during the preceding fiscal year.

     (b) The report must meet the reporting requirements applicable to financial reporting provided by the General Appropriations Act.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.159. List of Active and Inactive Peace Officers

     The commission by rule shall establish a list of active licensed peace officers and a list of inactive licensed peace officers who leave the employment of a law enforcement agency.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES

1701.201. Public Interest Information

     (a) The commission shall prepare information of public interest describing the regulatory functions of the commission and the procedures by which public complaints are filed with and resolved by the commission.

     (b) The commission shall make the information available to the public and appropriate state agencies.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.202. Complaints

     The commission shall provide the commission's policies and procedures relating to complaint investigation and resolution to a person filing a complaint and to each person that is the subject of the complaint.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.203. Records of Complaints

     (a) The commission shall keep an information file about each written complaint filed with the commission that the commission has authority to resolve. The information file must include:

     (1) the date the complaint is received;

     (2) the name of the complainant;

     (3) the subject matter of the complaint;

     (4) a record of each person contacted in relation to the complaint;

     (5) a summary of the results of the review or investigation of the complaint; and

     (6) an explanation of the reason that a complaint was closed without action by the commission.

     (b) The commission, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.204. Public Participation

     (a) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the commission's jurisdiction.

     (b) The commission shall prepare and maintain a written plan that describes how a person who does not speak English may be provided reasonable access to the commission's programs and services.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

SUBCHAPTER F. TRAINING PROGRAMS AND SCHOOLS

1701.251. Training Programs; Instructors

     (a) The commission shall establish and maintain training programs for officers and county jailers. The training shall be conducted by the commission staff or by other agencies and institutions the commission considers appropriate.

     (b) The commission may authorize reimbursement for a political subdivision or state agency as authorized by the legislature for expenses incurred in attending a training program.

     (c) The commission may:

     (1) issue or revoke the license of a school operated by or for this state or a political subdivision of this state specifically for training officers, county jailers, or recruits;

     (2) operate schools and conduct preparatory, in-service, basic, and advanced courses in the schools, as the commission determines appropriate, for officers, county jailers, and recruits;

     (3) issue a license to a person to act as a qualified instructor under conditions that the commission prescribes; and

     (4) consult and cooperate with a municipality, county, special district, state agency or other governmental agency, or a university, college, junior college, or other institution, concerning the development of schools and training programs for officers and county jailers.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.252. Program and School Requirements; Advisory Board

     (a) Unless a school has created an advisory board for developing a curriculum, the commission may not issue a license to the school or approve a training program or course for officers or county jailers other than a program created by the Bill Blackwood Law Enforcement Management Institute of Texas.

     (b) At least one-third of the members of an advisory board under Subsection (a) must be public members who meet the qualifications required of a public member of the commission.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.253. School Curriculum

     (a) The commission shall establish minimum curriculum requirements for preparatory and advanced courses and programs for schools subject to approval under Section 1701.251(c)(1).

     (b) In establishing requirements under this section, the commission shall require courses and programs to provide training in:

     (1) the investigation and documentation of cases that involve:

     (A) child abuse or neglect;

     (B) family violence; and

     (C) sexual assault; and

     (2) issues concerning sex offender characteristics.

     (c) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on civil rights, racial sensitivity, and cultural diversity for persons licensed under this chapter.

     (d) Training in documentation of cases required by Subsection (b) shall include instruction in:

     (1) making a written account of the extent of injuries sustained by the victim of an alleged offense;

     (2) recording by photograph or videotape the area in which an alleged offense occurred and the victim's injuries; and

     (3) recognizing and recording a victim's statement that may be admissible as evidence in a proceeding concerning the matter about which the statement was made.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.254. Risk Assessment and Inspections

     (a) The commission may visit and inspect a school conducting a training course for officers, county jailers, or recruits and make necessary evaluations to determine if the school complies with this chapter and commission rules.

     (b) The commission shall develop a risk assessment method to determine the relative performance of schools conducting training courses for officers, county jailers, or recruits. The commission shall base its schedule for inspection of schools on the results of the risk assessment.

     (c) The risk assessment method must:

     (1) consider the scores of students enrolled in a school on the basic peace officer examination;

     (2) consider the past inspection records of a school;

     (3) consider a self-assessment performed by a school in a noninspection year; and

     (4) include a random element to ensure periodic inspection of each school.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.255. Enrollment Qualifications

     (a) The commission by rule shall establish minimum qualifications for a person to enroll in a training program under Section 1701.251(a) that provides instruction in defensive tactics, arrest procedures, firearms, or use of a motor vehicle for law enforcement purposes.

     (b) A person who is disqualified by law to be an officer or county jailer may not enroll in a training program described by Subsection (a).

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.256. Instruction in Weapons Proficiency Required

     A peace officer training program under Section 1701.251(a) must provide instruction in weapons proficiency.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.257. Firearms Training Program for Supervision Officers

     (a) The commission and the Texas Department of Criminal Justice by rule shall adopt a memorandum of understanding that establishes each agency's respective responsibilities in developing a basic training program in the use of firearms by community supervision and corrections department officers and parole officers. The program established under the memorandum of understanding must provide instruction in:

     (1) legal limitations on the use of firearms and on the powers and authority of the officers;

     (2) range firing and procedure;

     (3) firearms safety and maintenance; and

     (4) other topics determined by each agency to be necessary for the responsible use of firearms by the officers.

     (b) The commission shall administer the training program and shall issue a certificate of firearms proficiency to each community supervision and corrections department officer or parole officer the commission determines has successfully completed the program.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

SUBCHAPTER G. LICENSE REQUIREMENTS; DISQUALIFICATIONS AND EXEMPTIONS

1701.301. License Required

     Except as provided by Sections 1701.310 and 1701.311, a person may not appoint a person to serve as an officer, county jailer, or public security officer unless the person appointed holds an appropriate license issued by the commission.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.302. Certain Elected Law Enforcement Officers; License Required

     (a) An officer, including a sheriff, elected under the Texas Constitution or a statute or appointed to fill a vacancy in an elective office must obtain a license from the commission not later than the second anniversary of the date the officer takes office.

     (b) The commission shall establish requirements for issuing the license and for revocation, suspension, or denial of the license.

     (c) An officer to whom this section applies who does not obtain the license by the required date or does not remain licensed is incompetent and is subject to removal from office under Section 665.052, Government Code, or another removal statute.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.303. License Application; Duties of Appointing Entity

     (a) A law enforcement agency or governmental entity that hires a person for whom a license is sought must file an application with the commission as provided by commission rule.

     (b) A person who appoints an officer or county jailer licensed by the commission shall notify the commission not later than the 30th day after the date of the appointment. If the person appoints an individual who previously served as an officer or county jailer and the appointment occurs after the 180th day after the last date of service as an officer or county jailer, the person must have on file for the officer or county jailer in a form readily accessible to the commission:

     (1) new criminal history record information;

     (2) a new declaration of psychological and emotional health and lack of drug dependency or illegal drug use; and

     (3) two completed fingerprint cards.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.304. Examination

     (a) The commission shall conduct an examination for each type of license issued by the commission at least four times each year at times and places designated by the commission. The commission shall:

     (1) prescribe the content of an examination for each type of license;

     (2) include in each examination a written examination that tests the applicant's knowledge of the appropriate occupation; and

     (3) prescribe standards for acceptable performance on each examination.

     (b) The commission by rule shall establish minimum qualifications for a person to be examined under this section. A person who is disqualified by law to be an officer or county jailer may not take an examination under this section.

     (c) A law enforcement agency may request the commission to conduct examinations required by this chapter in the jurisdiction served by the agency. The commission may conduct the examinations in the jurisdiction if:

     (1) the commission determines that doing so will not place a significant hardship on the commission's resources; and

     (2) the requesting law enforcement agency reimburses the commission for additional costs incurred in conducting the examination in the agency's jurisdiction.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.305. Examination Results

     (a) The commission shall notify each examinee of the examination results not later than the 30th day after the date the examination is administered. If an examination is graded or reviewed by a national testing service, the commission shall notify each examinee of the examination results not later than the 14th day after the date the commission receives the results from the testing service.

     (b) If notice of the results of an examination graded or reviewed by a national testing service will be delayed for longer than 90 days after the examination date, the commission shall notify each examinee of the reason for the delay before the 90th day.

     (c) If requested in writing by a person who fails an examination, the commission shall provide to the person an analysis of the person's performance on the examination.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.306. Psychological and Physical Examination

     (a) The commission may not issue a license to a person as an officer or county jailer unless the person is examined by:

     (1) a licensed psychologist or by a psychiatrist who declares in writing that the person is in satisfactory psychological and emotional health to serve as the type of officer for which a license is sought; and

     (2) a licensed physician who declares in writing that the person does not show any trace of drug dependency or illegal drug use after a physical examination, blood test, or other medical test.

     (b) An agency hiring a person for whom a license as an officer or county jailer is sought shall select the examining physician and the examining psychologist or psychiatrist. The agency shall prepare a report of each declaration required by Subsection (a) and shall maintain a copy of the report on file in a format readily accessible to the commission. A declaration is not public information.

     (c) The commission shall adopt rules that:

     (1) relate to appropriate standards and measures to be used by a law enforcement agency in reporting the declarations made under Subsection (a); and

     (2) provide for exceptional circumstances in the administration of the examination of the applicant's psychological and emotional health, including permitting the examination to be made by a qualified licensed physician instead of a psychologist or psychiatrist.

     (d) The commission may order an applicant to submit to an examination described by Subsection (a) by a psychologist, psychiatrist, or physician appointed by the commission if the commission:

     (1) has cause to believe that a law enforcement agency failed to follow commission rules relating to an examination; or

     (2) discovers that the applicant has submitted a false declaration.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.307. Issuance of License

     (a) The commission shall issue an appropriate license to a person who, as required by this chapter:

     (1) submits an application;

     (2) completes the required training;

     (3) passes the required examination;

     (4) is declared to be in satisfactory psychological and emotional health and free from drug dependency or illegal drug use; and

     (5) demonstrates weapons proficiency.

     (b) The commission may issue a permanent license to a person to serve as an officer and may issue a temporary or permanent license to a person to serve as a county jailer.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.308. Weapons Proficiency

     The commission shall require a person applying for a peace officer license to demonstrate weapons proficiency.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.309. Age Requirement

     The commission by rule shall set 21 years of age as the minimum age for obtaining a license as an officer. The rules must provide that a person at least 18 years of age may be issued a license as an officer if the person has:

     (1) completed and received credit for at least 60 hours of study at an accredited college or university or received an associate degree from an accredited college or university; or

     (2) received an honorable discharge from the United States armed forces after at least two years of service.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.310. Appointment of County Jailer; Training Required

See, also, italicized material following text of this section

     (a) A person may not be appointed as a county jailer, except on a temporary basis, unless the person has satisfactorily completed a preparatory training program, as required by the commission, in the operation of a county jail at a school operated or licensed by the commission.

     (b) A county jailer appointed on a temporary basis who does not satisfactorily complete the preparatory training program before the first anniversary of the date that the person is appointed shall be removed from the position. A temporary appointment may not be renewed, except that not earlier than the first anniversary of the date that a person is removed under this subsection, the sheriff may petition the commission for reinstatement of the person to a temporary appointment.

     (c) A county jailer serving under permanent appointment before September 1, 1979, regardless of whether the person's employment was terminated before that date because of failure to satisfy standards adopted under Chapter 511, Government Code, is not required to meet a requirement of this section as a condition of continued employment or promotion unless:

     (1) in an attempt to meet the standards the person took an examination and failed or was not allowed to finish the examination because the person acted dishonestly in regard to the examination;

     (2) the person forged a document purporting to show that the person meets the standards; or

     (3) the person seeks a new appointment as a county jailer on or after September 1, 1984.

     (d) A county jailer serving under permanent appointment before September 1, 1979, is eligible to attend training courses in the operation of a county jail, subject to commission rules.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

Amendment by Acts 1999, 76th Leg., ch. 1033, 1

     V.T.C.A., Government Code 311.031(c) provides, in part, that the repeal of a statute by a code does not affect an amendment of the statute by the same legislature which enacted the code and that the amendment is preserved and given effect as part of the code provision.

     Section 1 of Acts 1999, 76th Leg., ch. 1033, eff. Sept. 1, 1999, amends 415.054(a) and adds (d) of the V.T.C.A., Government Code [now this section] without reference to the repeal of Chapter 415 by Acts 1999, 76th Leg., ch. 388, 6(b)(1). As so amended and added, 415.054(a) and (b) reads:

     "(a) Except as provided by Subsection (d), a person may not be appointed as a county jailer, except on a temporary basis, unless the person has satisfactorily completed a preparatory program of training in the operation of a county jail at a school operated or licensed by the commission. If a county jailer appointed on a temporary basis does not satisfactorily complete the program, as prescribed by the commission, before one year after the date that the person is originally appointed, the person shall be removed from the position. A temporary employment may not exceed one year and may not be renewed, except that not earlier than one year after a person is removed under this subsection the sheriff may petition the commission for reinstatement of the person to temporary employment.

     "(d) A person trained and certified by the Texas Department of Criminal Justice to serve as a corrections officer in that agency's institutional or state jail division is not required to complete the training requirements of this section to be appointed a part-time county jailer. Examinations under Section 415.056 and psychological and physical examinations under Section 415.057 shall apply."

1701.311. Provisional License for Workforce Shortage

     (a) The commission shall adopt rules to allow a law enforcement agency to petition for issuance of a provisional license for an officer if the agency proves that it has a workforce shortage.

     (b) Except in an emergency, a peace officer holding a provisional license may not be required to work at the peace officer's employing agency and attend a commission-approved basic preparatory school for more than a total of 40 hours a week.

     (c) An agency employing a peace officer who holds a provisional license may contract with the peace officer for reimbursement of the cost of a basic preparatory training course if the peace officer voluntarily resigns from the agency before a date specified in the contract that is not later than the first anniversary of the date the officer is appointed. The contract must state the cost of the course.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.312. Disqualification: Felony Conviction or Placement on Community Supervision

     (a) A person who has been convicted of a felony is disqualified to be an officer, public security officer, or county jailer, and the commission may not issue a license to, and a law enforcement agency may not appoint or employ, the person.

     (b) For purposes of this section and Section 1701.502, a person is convicted of a felony if a court enters an adjudication of guilt against the person on a felony offense under the laws of this or another state or the United States, regardless of whether:

     (1) the sentence is subsequently probated and the person is discharged from community supervision;

     (2) the accusation, complaint, information, or indictment against the person is dismissed and the person is released from all penalties and disabilities resulting from the offense; or

     (3) the person is pardoned for the offense, unless the pardon is granted expressly for subsequent proof of innocence.

     (c) The commission, on receipt of a certified copy of a court's judgment under Article 42.011, Code of Criminal Procedure, shall note on the person's licensing records the conviction or community supervision indicated by the judgment.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.313. Disqualification: Conviction of Barratry

     (a) A person who has been convicted of barratry under Section 38.12, Penal Code, is disqualified to be an officer or county jailer, and the commission may not issue a license to the person.

     (b) For purposes of this section and Section 1701.503, a person is convicted of barratry if a court enters an adjudication of guilt against the person regardless of whether:

     (1) the sentence is subsequently probated and the person is discharged from community supervision;

     (2) the accusation, complaint, information, or indictment against the person is dismissed following community supervision; or

     (3) the person is pardoned for the offense, unless the pardon is granted expressly for subsequent proof of innocence.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.314. Exemption: Officer Appointed Before September 1, 1970

      A peace officer serving under a permanent appointment before September 1, 1970, is not required to obtain a license as a condition of tenure, continued employment, or promotion unless the officer seeks a new appointment. The officer is eligible to attend peace officer training courses subject to commission rules.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.315. Records

     The commission is entitled to access to records maintained under Sections 1701.303, 1701.306, and 1701.310 by an agency hiring a person to be an officer or county jailer, including records that relate to age, education, physical standards, citizenship, experience, and other matters relating to competence and reliability, as evidence of qualification for licensing of an officer or county jailer.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.316. Reactivation of Peace Officer License

     (a) The commission shall adopt rules establishing requirements for reactivation of a peace officer's license after a break in employment.

     (b) The commission may consider employment as a peace officer in another state in determining whether the person is required to obtain additional training or testing.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

SUBCHAPTER H. CONTINUING EDUCATION AND YEARLY WEAPONS PROFICIENCY

1701.351. Continuing Education Required for Peace Officers

     (a) Each peace officer shall complete a continuing education program at least once every 24 months. The commission may suspend the license of a peace officer who fails to comply with this requirement.

     (b) The commission by rule shall provide for waiver of the requirements of this section when mitigating circumstances exist.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.352. Continuing Education Programs

     (a) The commission shall recognize, prepare, or administer continuing education programs for officers and county jailers.

     (b) The commission shall require a state, county, special district, or municipal agency that appoints or employs peace officers to provide each peace officer with a training program at least once every 24 months. At least 20 hours of the instruction must be on topics selected by the agency. The course must:

     (1) be approved by the commission;

     (2) contain curricula that incorporate the learning objectives developed by the commission; and

     (3) include education and training in:

     (A) civil rights, racial sensitivity, and cultural diversity; and

     (B) unless determined by the agency head to be inconsistent with the officer's assigned duties:

     (i) the recognition and documentation of cases that involve child abuse or neglect, family violence, and sexual assault; and

     (ii) issues concerning sex offender characteristics; and

     (4) include other education and training only if determined by the agency head to be consistent with the officer's assigned duties.

     (c) A course provided under Subsection (b):

     (1) may not exceed 40 hours; and

     (2) may use instructional materials developed by the agency or its trainers or by entities having training agreements with the commission in addition to materials included in curricula developed by the commission.

     (d) A peace officer appointed to the officer's first supervisory position must receive in-service training on supervision as part of the course provided for the officer under Subsection (b) during the 24-month period after the date of that appointment.

     (e) The commission may require a state, county, special district, or municipal agency that appoints or employs a reserve law enforcement officer, county jailer, or public security officer to provide each of those persons with education and training in civil rights, racial sensitivity, and cultural diversity at least once every 24 months.

     (f) Training in documentation of cases required by Subsection (b) shall include instruction in:

     (1) making a written account of the extent of injuries sustained by the victim of an alleged offense;

     (2) recording by photograph or videotape the area in which an alleged offense occurred and the victim's injuries; and

     (3) recognizing and recording a victim's statement that may be admissible as evidence in a proceeding concerning the matter about which the statement was made.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.353. Continuing Education Procedures

     (a) The commission by rule shall adopt procedures to:

     (1) ensure the timely and accurate reporting by agencies and peace officers of information related to training programs offered under this subchapter, including procedures for creating training records for individual peace officers; and

     (2) provide adequate notice to agencies and peace officers of impending noncompliance with the training requirements of this subchapter so that the agencies and peace officers may comply within the 24-month period.

     (b) The commission shall require agencies to report in a timely manner the reasons that a peace officer is in noncompliance after receiving notice by the commission of the peace officer's noncompliance. The commission shall, following receipt of an agency's report or on a determination that the agency has failed to report in a timely manner, conduct a hearing consistent with Section 1701.504 if the peace officer claims that:

     (1) mitigating circumstances exist; or

     (2) the peace officer failed to complete the required training because the officer's employing agency did not provide an adequate opportunity for the officer to attend the required training course.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.354. Continuing Education for Constables and Deputy Constables

     (a) If the commission requires a state, county, special district, or municipal agency that employs a constable or deputy constable to provide the constable or deputy constable with a training program under Section 1701.352, the commission shall require the constable or deputy constable to attend at least 20 hours of instruction in civil process.

     (b) The commission shall adopt rules and procedures concerning a civil process course, including rules providing for:

     (1) approval of course content and standards; and

     (2) issuance of course credit.

     (c) For the purposes of removal of a constable under Subchapter B, Chapter 87, Local Government Code, a constable is considered to be incompetent if the constable fails to complete the hours of instruction required by this section.

     (d) The commission may waive the requirement that a constable or deputy constable complete the instruction required by this section if:

     (1) the constable or deputy constable requests a waiver because of hardship; and

     (2) the commission determines that a hardship exists.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.355. Continuing Demonstration of Weapons Proficiency

     (a) An agency that employs at least two peace officers shall designate a firearms proficiency officer and require each peace officer the agency employs to demonstrate weapons proficiency to the firearms proficiency officer at least annually. The agency shall maintain records of the weapons proficiency of the agency's peace officers.

     (b) On request, the commission may waive the requirement that a peace officer demonstrate weapons proficiency on a determination by the commission that the requirement causes a hardship.

     (c) The commission by rule shall define weapons proficiency for purposes of this section.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.356. Certain Officers: Reactivation and Continuing Education Not Required

     An honorably retired commissioned officer of the Department of Public Safety who is a special ranger under Section 411.023, Government Code, or retired state employee and who holds a permanent license issued before January 1981 and that was current on January 1, 1995:

     (1) has the same rights and privileges as any other peace officer of this state;

     (2) holds, notwithstanding Section 1701.316, an active license unless the license is revoked, suspended, or probated by the commission for a violation of this chapter; and

     (3) is not subject to Section 1701.351.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

SUBCHAPTER I. PROFESSIONAL TRAINING AND RECOGNITION

1701.401. Professional Achievement

     (a) In this section:

     (1) "Professional achievement" includes an instance in which an individual through personal initiative, fixity of purpose, persistence, or endeavor creates a program or system that has a significant positive impact on the law enforcement profession that exceeds the normal expectations of job performance.

     (2) "Public service" includes an instance in which an individual through initiative creates or participates in a program or system that has a significant positive impact on the general population of a community that exceeds the normal expectations of job performance.

     (3) "Valor" includes an act of personal heroism or bravery that exceeds the normal expectations of job performance, including placing one's own life in jeopardy to save another person's life, to prevent serious bodily injury to another, or to prevent the consequences of a criminal act.

     (b) The commission shall issue certificates that recognize professional achievement. For this purpose the commission shall use the employment records of the employing agency.

     (c) The commission shall adopt rules for issuing achievement awards to peace officers, reserve peace officers, jailers, or custodial officers who are licensed by the commission. The commission's rules shall require recommendations from an elected official of this state or a political subdivision, an administrator of a law enforcement agency, or a person holding a license issued by the commission.

     (d) The awards shall be given in the name of this state and presented at the State Capitol during May of each year. At a minimum the award shall consist of a document, an appropriate medal, and a ribbon suitable for wearing on a uniform.

     (e) The awards shall be issued in three areas: valor, public service, and professional achievement.

     (f) The commission may present not more than 20 awards each year.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.402. Proficiency Certificates

     (a) The commission shall issue certificates that recognize proficiency based on law enforcement training, education, and experience. For this purpose the commission shall use the employment records of the employing agency.

     (b) As a requirement for a basic proficiency certificate, the commission shall require completion of local courses or programs of instruction on federal and state statutes that relate to employment issues affecting peace officers and county jailers, including:

     (1) civil service;

     (2) compensation, including overtime compensation, and vacation time;

     (3) personnel files and other employee records;

     (4) management-employee relations in law enforcement organizations;

     (5) work-related injuries;

     (6) complaints and investigations of employee misconduct; and

     (7) disciplinary actions and the appeal of disciplinary actions.

     (c) An employing agency is responsible for providing the training required by this section.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.403. Investigative Hypnosis

     (a) The commission may establish minimum requirements for the training, testing, and certification of peace officers who use investigative hypnosis.

     (b) A peace officer may not use a hypnotic interview technique unless the officer:

     (1) completes a training course approved by the commission; and

     (2) passes an examination administered by the commission that is designed to test the officer's knowledge of investigative hypnosis.

     (c) The commission may issue a professional achievement or proficiency certificate to an officer who meets the requirements of Subsection (b).

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.404. Certification of Officers for Mental Health Assignments

     (a) The commission by rule may establish minimum requirements for the training, testing, and certification of special officers for offenders with mental impairments.

     (b) The commission may certify a sheriff, sheriff's deputy, constable, or other peace officer, or a justice of the peace, as a special officer for offenders with mental impairments if the officer:

     (1) completes a training course in emergency first aid and lifesaving techniques approved by the commission;

     (2) completes a training course administered by the commission on mental health issues and offenders with mental impairments; and

     (3) passes an examination administered by the commission that is designed to test the officer's:

     (A) knowledge and recognition of the characteristics and symptoms of mental illness, mental retardation, and mental disabilities; and

     (B) knowledge of mental health crisis intervention strategies for people with mental impairments.

     (c) The commission may issue a professional achievement or proficiency certificate to an officer who meets the requirements of Subsection (b).

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.405. Telecommunicators

     (a) In this section:

     (1) "Communication" means any type of system in which electric or electromagnetic signals are used to transmit information, including a system transmitting information by means of:

     (A) radio, light, or waves in other portions of the electromagnetic spectrum;

     (B) wire or cable; or

     (C) any other medium.

     (2) "Emergency" means the occurrence or imminent threat of damage, injury, or loss of life or property resulting from an extraordinary natural or man-made cause.

     (3) "Telecommunicator" means a person acknowledged by the commission and employed by or serving a law enforcement agency who receives, processes, and transmits public safety information and criminal justice data for the agency using a base radio station on a public safety frequency regulated by the Federal Communications Commission or by teletype or other communications system.

     (b) This state or a political subdivision of this state may not appoint or employ a person to act as a telecommunicator unless the person has had at least 40 hours of telecommunicator training as determined by the commission.

     (c) The commission shall accredit telecommunicator training programs that fulfill the minimum requirements for a telecommunicator. The commission shall adopt rules providing for the accreditation of telecommunicator training programs developed and taught by the Department of Public Safety, an institution of higher education, including a junior college, community college, or technical school, or any other entity approved by the commission.

     (d) A person who completes an accredited training program under this section may, by letter to the commission, request a written acknowledgment from the commission that the person has met the minimum requirements for a telecommunicator as determined by the commission. The request must be accompanied, in accordance with commission rules, by evidence of satisfactory completion of an accredited telecommunicator training program. On a determination by the commission that the person meets the minimum requirements for a telecommunicator, the commission shall issue the written acknowledgment to the person.

     (e) This section does not apply to a person who:

     (1) performs the duties of a telecommunicator; and

     (2) is employed by a law enforcement agency that:

     (A) employs 20 or fewer employees; or

     (B) does not perform law enforcement services on a 24-hour basis.

     (f) A person performing the duties of a telecommunicator and serving under permanent appointment on and before September 1, 1987, is not required to meet the requirements of this section as a condition of continued employment.

     (g) Notwithstanding this section, a person may be appointed or serve as a telecommunicator on a temporary or probationary basis or may perform the duties of a telecommunicator in an emergency.

     (h) A person appointed on a temporary or probationary basis after September 1, 1987, who does not satisfactorily complete an accredited telecommunicator training program before the first anniversary of the date the person is originally appointed shall be removed from the position. The person's temporary or probationary appointment may not be extended for more than one year except that not earlier than the first anniversary of the date the person is removed under this subsection, the employing agency may petition the commission for reinstatement of the person to temporary or probationary employment.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.406. County Jail Personnel

     (a) Not later than the first anniversary of the date the commission establishes standards for county jail personnel, a county may not employ or use jail personnel who are not certified by the commission.

     (b) The commission shall establish minimum physical, mental, educational, and moral standards for all persons employed or used in the operation of a county jail.

     (c) The commission's authority and power applies to all county jail personnel. The commission shall have additional staff to carry out this section.

     (d) A commission standard requiring a person to have a degree of formal education or the equivalent does not apply to a person who was employed or whose services were used in the operation of a county jail on August 29, 1977.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

SUBCHAPTER J. EMPLOYMENT RECORDS

1701.451. Preemployment Inquiry

     (a) Before a law enforcement agency may hire a person licensed under this chapter, the agency head or the agency head's designee must contact the commission to determine whether the commission has employment history records for the person required by this subchapter.

     (b) This section does not authorize the commission to release information concerning the records other than information regarding the existence of the records.

     (c) A law enforcement agency may not use information obtained under this section to affect a person's eligibility for employment with the agency.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.452. Employment Termination Report

     (a) The head of a law enforcement agency shall submit a report to the commission on a form prescribed by the commission regarding a person licensed under this chapter who resigns from the employment of the law enforcement agency or whose appointment with the law enforcement agency is terminated. The agency head shall include in the report an explanation of the circumstances under which the person resigned or was terminated.

     (b) The head of the law enforcement agency from which a person resigns or is terminated shall provide to the person a copy of the report. The person may submit a written statement to the commission to contest or explain any matter contained in the report.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.453. Maintenance of Reports and Statements

     The commission shall maintain a copy of each report and written statement submitted to the commission under this subchapter until at least the 10th anniversary of the date on which the report or statement is submitted.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.454. Confidentiality

     (a) A report or statement submitted to the commission under this subchapter is confidential and is not subject to disclosure under Chapter 552, Government Code.

     (b) Except as provided by this subsection, a commission member or other person may not release the contents of a report or statement submitted under this subchapter. The report or statement may be released only by the commission employee having the responsibility to maintain the report or statement and only if:

     (1) the head of a law enforcement agency or the agency head's designee makes a written request on the agency's letterhead for the report or statement accompanied by the agency head's or designee's signature; and

     (2) the person who is the subject of the report or statement authorizes the release by providing a sworn statement on a form supplied by the commission that includes the person's waiver of liability regarding an agency head who is responsible for or who takes action based on the report or statement.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.455. Subpoena

     A report or statement submitted to the commission under this subchapter is subject to subpoena only in a judicial proceeding.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.456. Immunity From Liability

     (a) The commission is not liable for civil damages for providing information contained in a report or statement maintained by the commission under this subchapter if the commission released the information as provided by Section 1701.454(b).

     (b) A law enforcement agency, agency head, or other law enforcement official is not liable for civil damages for a report made by that agency or person if the report is made in good faith.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.457. Limitation on Commission Authority

     This subchapter does not authorize the commission to review disciplinary action taken by a law enforcement agency against a person licensed under this chapter or to issue a subpoena to compel the production of a document prepared or maintained by the agency in connection with a disciplinary matter.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

SUBCHAPTER K. DISCIPLINARY PROCEDURES

1701.501. Disciplinary Action

     (a) The commission shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of this chapter or a commission rule.

     (b) The commission may establish procedures for the revocation of a license issued under this chapter, other than a license issued to an officer elected under the Texas Constitution.

     (c) The commission by rule may adopt other necessary enforcement procedures.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.502. Felony Conviction or Placement on Community Supervision

     (a) The commission shall immediately revoke the license of a person licensed under this chapter who is convicted of a felony.

     (b) The commission shall immediately suspend the license of a person licensed under this chapter who is charged with a felony and is placed on community supervision regardless of whether the court defers further proceedings without entering an adjudication of guilt.

     (c) The commission may reinstate, as provided by commission rules, a license that is suspended under Subsection (b) when the license holder is released from community supervision.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.503. Barratry Conviction

     The commission shall immediately revoke the license of a person licensed under this chapter who is convicted of barratry under Section 38.12, Penal Code.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.504. Hearing

     (a) Except as provided by Sections 1701.502 and 1701.503, if the commission proposes to suspend or revoke a person's license, the person is entitled to a hearing conducted by the State Office of Administrative Hearings.

     (b) If the commission proposes to refuse to renew a person's license, the person is entitled to a hearing conducted by the State Office of Administrative Hearings.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.505. Administrative Procedure

     (a) Proceedings for a disciplinary action are governed by Chapter 2001, Government Code.

     (b) Rules of practice adopted by the commission under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.506. Appeal

     (a) A person dissatisfied with an action of the commission may appeal the action under Chapter 2001, Government Code. The court shall set the matter for hearing not earlier than 10 days after written notice of the appeal is given to the commission and the commission's attorney.

     (b) The court may suspend an action of the commission pending a hearing. The order suspending the action takes effect when served on the commission. The commission shall provide its attorney a copy of the petition and order.

     (c) The attorney general or the district or county attorney shall represent the commission in the appeal.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

SUBCHAPTER L. CRIMINAL PENALTY

1701.551. Criminal Penalty for Appointment or Retention of Certain Persons

     (a) A person commits an offense if the person appoints or retains another person as an officer or county jailer in violation of Section 1701.301, 1701.303, or 1701.306.

     (b) An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $100 and not more than $1,000.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.552. Criminal Penalty for Appointment of Person Not Certified for Investigative Hypnosis

     (a) A person commits an offense if the person appoints or retains another person in violation of Section 1701.403.

     (b) An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $100 and not more than $1,000.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.553. Criminal Penalty for Appointment or Retention of Persons With Certain Convictions

     (a) A person commits an offense if the person appoints or retains an individual as an officer, public security officer, or county jailer in violation of Section 1701.312 or 1701.313.

     (b) An offense under Subsection (a) is a state jail felony.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

SUBCHAPTER Z. TEXAS PEACE OFFICERS' MEMORIAL; ADVISORY COMMITTEE

1701.951. Definition

     In this subchapter, "advisory committee" means the Texas Peace Officers' Memorial Advisory Committee to the Commission on Law Enforcement Officer Standards and Education.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.952. Texas Peace Officers' Memorial

     (a) A Texas peace officers' memorial shall be constructed on the grounds of the Capitol Complex to honor Texas peace officers who have died in the line of duty.

     (b) The memorial must be compatible in scale, proportion, materials, and feeling with the early monuments erected on the Capitol grounds.

     (c) A person is eligible to have the person's name on the memorial if the person was killed in the line of duty and was a:

     (1) Texas law enforcement officer;

     (2) commissioned deputy game warden; or

     (3) corrections officer in a municipal, county, or state penal institution in this state.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.953. Advisory Committee Membership

     (a) The advisory committee consists of:

     (1) three licensed peace officers appointed by the governor;

     (2) a surviving spouse of a Texas peace officer who died in the line of duty, appointed by the governor;

     (3) nine individuals, each appointed by a member of the commission; and

     (4) the following nonvoting ex officio members:

     (A) the director of the Department of Public Safety;

     (B) the executive director of the State Preservation Board; and

     (C) the director and librarian of the Texas State Library and Archives Commission.

     (b) Appointments to the advisory committee shall be made without regard to the race, color, religion, sex, disability, or national origin of the appointee.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.954. Member Eligibility

     (a) A person is not eligible for appointment to the advisory committee unless the person:

     (1) is at least 21 years of age;

     (2) is a resident of this state;

     (3) is of good character; and

     (4) does not have a conviction for a misdemeanor involving moral turpitude or a felony.

     (b) Each appointee, other than the appointee described by Section 1701.953(a)(2), must meet the experience requirements prescribed for commission members under Sections 1701.051 and 1701.052.

     (c) A person is not eligible for appointment to the advisory committee if the person is a commission member, a commission employee, or a person related within the second degree by affinity or consanguinity, as determined under Chapter 573, Government Code, to a commission member or employee.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.955. Terms; Vacancies

     (a) Appointed members of the advisory committee serve two-year terms that expire February 1 of each odd-numbered year.

     (b) In the event of a vacancy during a term, the governor or the member of the commission who appointed the member who has vacated the advisory committee position shall appoint a replacement who meets the qualifications of the vacated office.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.956. Grounds for Removal

     The commission may remove a member from the advisory committee if the member:

     (1) does not have at the time of appointment the qualifications required for appointment to the advisory committee;

     (2) does not maintain during service on the advisory committee the qualifications required for appointment to the advisory committee; or

     (3) is not an ex officio member and misses more than half of the scheduled committee meetings in a calendar year.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.957. Compensation; Reimbursement

     (a) An advisory committee member may not receive compensation for service on the advisory committee.

     (b) An advisory committee member is entitled to reimbursement for actual and necessary expenses incurred in performing functions as an advisory committee member.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.958. Officers

     The advisory committee shall elect a presiding officer, assistant presiding officer, and secretary from its members.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.959. Meetings

     (a) Until dedication of the memorial, the advisory committee shall meet at least once in each quarter of the calendar year and may meet at other times as necessary to perform its duties.

     (b) On completion of construction and after dedication of the memorial, the advisory committee shall meet as necessary to perform its duties, but at least once in each calendar year.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.960. Advisory Committee Duties

     The advisory committee shall advise the commission on issues related to the funding, design, construction, updating, maintenance, and management of the memorial and shall recommend tasks, purposes, policies, rules, programs, and criteria. The advisory committee's duties include advising the commission on:

     (1) selecting the site of the memorial on the grounds of the Capitol Complex;

     (2) raising funds from private or public contributions;

     (3) establishing a schedule for the design, construction, and dedication of the memorial;

     (4) implementing procedures to solicit designs for the memorial and devising a selection process and choice of the final design;

     (5) selecting persons to provide fund-raising services;

     (6) selecting persons to construct the memorial;

     (7) reviewing and monitoring the design and construction of the memorial;

     (8) establishing rules and procedures for adding names to the memorial in accordance with Section 1701.952(c); and

     (9) establishing guidelines for conducting memorial services at the memorial site.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.961. Approval of Certain Commission Decisions

     A commission decision described by:

     (1) Section 1701.960(1) must be approved by the State Preservation Board and the architect of the Capitol;

     (2) Section 1701.960(3), (4), or (7) must be approved by the State Preservation Board; and

     (3) Section 1701.960(6) must be approved by the State Preservation Board and the General Services Commission.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.962. Reports

     The advisory committee shall submit reports to the commission relating to the operation of the advisory committee as required by the commission.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.963. Funds

     (a) Funds contributed for the Texas peace officers' memorial shall be deposited in the state treasury to the credit of a separate interest-bearing fund account established for the peace officers' memorial.

     (b) An entity that collects funds for the Texas peace officers' memorial or solicits funds in any way giving the impression that the proceeds or funds are for the benefit of the Texas peace officers' memorial shall send that money to the comptroller to be deposited in the fund account not later than the 30th day after the date on which the money is collected.

     (c) Notwithstanding other law, income from investments of the fund is deposited to the credit of the fund.

     (d) Money in the fund may be used only by the commission with the advice of the advisory committee for the purposes prescribed by Sections 1701.952(a) and 1701.960.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.964. Ceremonies

     (a) The lieutenant governor and the speaker of the house of representatives shall supervise the dedication of the memorial on the Capitol Complex grounds. A subsequent ceremony must be conducted according to reasonable guidelines established by the commission with the advice of the advisory committee. Those guidelines may not exceed the guidelines established by the State Preservation Board for other ceremonies held on the Capitol Complex grounds.

     (b) The secretary of state shall publish the date of the dedication ceremony and of a subsequent ceremony in the Texas Register not later than the 30th day before the date of the ceremony. The commission shall timely inform the secretary of the dates.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

1701.965. Statement of Progress

     The commission shall issue to the governor, lieutenant governor, and speaker of the house of representatives as well as the respective oversight committees in the house of representatives and the senate an annual report of its progress in funding, designing, and constructing the Texas peace officers' memorial.

Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, 1999.

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