Texas SB 1445: Relating to the continuation and functions of the Texas Commission on Law Enforcement; authorizing a fee.

Bill Text

S.B.ANo.A1445
AN ACT
relating to the continuation and functions of the Texas Commission
on Law Enforcement; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 1701.001, Occupations Code, is amended
by adding Subdivision (2-a) to read as follows:
(2-a) "Misconduct" means:
(A)AAa violation of law; or
(B)AAany of the following that have been sustained
by a law enforcement agency employing a license holder:
(i)AAa violation of a law enforcement agency
policy for which the agency may suspend, demote, or terminate a
license holder’s employment; or
(ii)AAan allegation of untruthfulness
against a license holder.
SECTIONA2.AASection 1701.002, Occupations Code, is amended
to read as follows:
Sec.A1701.002.AAAPPLICATION OF SUNSET ACT. The Texas
Commission on Law Enforcement 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, 2031 [2023].
SECTIONA3.AASection 1701.059, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (d) to read as
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follows:
(b)AAThe training program must provide the person with
information regarding:
(1)AAthe law governing [legislation that created the]
commission operations;
(2)AAthe programs, functions, rules, and budget of the
commission;
(3)AAthe scope of and limitations on the rulemaking
authority of the commission;
(4)AAthe results of the most recent formal audit of the
commission;
(5)A[(4)]AAthe requirements of:
(A)AAlaws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B)AAother laws applicable to members of a state
policy-making body in performing their duties; and
(6)A[(5)]AAany applicable ethics policies adopted by
the commission or the Texas Ethics Commission.
(d)AAThe executive director of the commission shall create a
training manual that includes the information required by
Subsection (b). The executive director shall distribute a copy of
the training manual annually to each member of the commission. Each
commission member shall sign and submit to the executive director a
statement acknowledging that the member received and has reviewed
the training manual.
SECTIONA4.AASection 1701.151, Occupations Code, is amended
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S.B.ANo.A1445
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to read as follows:
Sec.A1701.151.AAGENERAL POWERS OF COMMISSION; RULEMAKING
AUTHORITY. The commission may:
(1)AAadopt rules for the administration of this chapter
and for the commission’s internal management and control;
(2)AAestablish minimum standards relating to
competence and reliability, including education, training,
physical, and mental[, and moral] standards, for licensing as an
officer, county jailer, public security officer, or
telecommunicator;
(3)AAreport 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)AArequire a state agency or a county, special
district, or municipality in this state that employs officers,
telecommunicators, or county jailers to submit reports and
information;
(5)AAcontract as the commission considers necessary for
services, facilities, studies, and reports required for:
(A)AAcooperation with municipal, county, special
district, state, and federal law enforcement agencies in training
programs; and
(B)AAperformance of the commission’s other
functions; and
(6)AAconduct research and stimulate research by public
and private agencies to improve law enforcement and police
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S.B.ANo.A1445
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administration.
SECTIONA5.AASection 1701.163, Occupations Code, is amended
to read as follows:
Sec.A1701.163.AAMINIMUM STANDARDS FOR LAW ENFORCEMENT
AGENCIES [INFORMATION PROVIDED BY COMMISSIONING ENTITIES]. [(a)
This section applies only to an entity authorized by statute or by
the constitution to create a law enforcement agency or police
department and commission, appoint, or employ officers that first
creates a law enforcement agency or police department and first
begins to commission, appoint, or employ officers on or after
September 1, 2009.
[(b)]AAThe [entity shall submit to the] commission, with
input from an advisory committee, shall by rule establish minimum
standards with respect to the creation or continued operation of a
law enforcement agency based on the function, size, and
jurisdiction of the agency, including [on creation of the law
enforcement agency or police department information regarding]:
(1)AAa determination regarding the public benefit of
creating the [need for the law enforcement] agency [or police
department] in the community;
(2)AAthe sustainable funding sources for the [law
enforcement] agency [o