HB4614 - Relating to the licensing and regulation of state correctional officers and the employment of those officers; requiring an occupational license.

  89R28121 JCG-D     By: Harless H.B. No. 4614       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of state correctional   officers and the employment of those officers; requiring an   occupational license.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1701.001, Occupations Code, is amended   by adding Subdivision (6-a) to read as follows:                 (6-a)     "State correctional officer" means a person   employed by the Texas Department of Criminal Justice and whose   primary responsibility is to supervise inmates within a   correctional facility.          SECTION 2.  Section 1701.003(c), Occupations Code, is   amended to read as follows:          (c)  This chapter does not prevent an employing agency from   establishing qualifications and standards for hiring or training   officers, state correctional officers, county jailers, or   telecommunicators that exceed the commission's minimum standards.          SECTION 3.  Section 1701.151, Occupations Code, is amended   to read as follows:          Sec. 1701.151.  GENERAL POWERS OF COMMISSION; RULEMAKING   AUTHORITY. The commission may:                (1)  adopt rules for the administration of this chapter   and for the commission's internal management and control;                (2)  establish minimum standards relating to   competence and reliability, including education, training,   physical, and mental standards, for licensing as an officer, state   correctional officer, county jailer, public security officer, or   telecommunicator;                (3)  report to the governor and legislature on the   commission's activities, with recommendations on matters under the   commission's jurisdiction, and make other reports that the   commission considers desirable;                (4)  require a state agency or a county, special   district, or municipality in this state that employs officers,   state correctional officers, telecommunicators, or county jailers   to submit reports and information;                (5)  contract as the commission considers necessary for   services, facilities, studies, and reports required for:                      (A)  cooperation with municipal, county, special   district, state, and federal law enforcement agencies in training   programs; and                      (B)  performance of the commission's other   functions; and                (6)  conduct research and stimulate research by public   and private agencies to improve law enforcement and police   administration.          SECTION 4.  Section 1701.153(a), Occupations Code, is   amended to read as follows:          (a)  The commission shall establish reporting standards and   procedures for:                (1)  the appointment or employment and the termination   of officers, state correctional officers, county jailers, and   telecommunicators 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.          SECTION 5.  Section 1701.162, Occupations Code, is amended   by amending Subsection (a) and adding Subsection (d) to read as   follows:          (a)  The commission is entitled to access records maintained   under Sections 1701.303, 1701.306, and 1701.310 by an agency hiring   a person to be an officer , state correctional 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 , state correctional officer, or county   jailer.           (d)     For purposes of this section, the Texas Department of   Criminal Justice is considered a law enforcement agency.            SECTION 6.  Sections 1701.251(a) and (c), Occupations Code,   are amended to read as follows:          (a)  The commission shall establish and maintain training   programs for officers, state correctional officers, county   jailers, and telecommunicators. The training shall be conducted by   the commission staff or by other agencies and institutions the   commission considers appropriate.          (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, state correctional officers,   county jailers, recruits, or telecommunicators;                (2)  operate schools and conduct preparatory,   in-service, basic, and advanced courses in the schools, as the   commission determines appropriate, for officers, state   correctional officers, county jailers, recruits, and   telecommunicators;                (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, state correctional officers, county jailers, and   telecommunicators.          SECTION 7.  Sections 1701.254(a) and (b), Occupations Code,   are amended to read as follows:          (a)  The commission may visit and inspect a school conducting   a training course for officers, state correctional officers, county   jailers, telecommunicators, 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, state correctional officers, county jailers,   telecommunicators, or recruits. The commission shall base its   schedule for inspection of schools on the results of the risk   assessment.          SECTION 8.  Section 1701.301, Occupations Code, is amended   to read as follows:          Sec. 1701.301.  LICENSE REQUIRED. Except as provided by   Sections 1701.310, 1701.311, and 1701.405, a person may not appoint   or employ a person to serve as an officer, state correctional   officer, county jailer, school marshal, public security officer, or   telecommunicator unless the person holds an appropriate license   issued by the commission.          SECTION 9.  Subchapter G, Chapter 1701, Occupations Code, is   amended by adding Sections 1701.3072 and 1701.3096 to read as   follows:           Sec.   1701.3072.     ISSUANCE OF STATE CORRECTIONAL OFFICER   LICENSE. The commission shall issue a state correctional officer   license to a person who:                 (1)  submits an application;                 (2)     completes the training required under Section   1701.3096;                 (3)  passes the required examination; and                 (4)     meets any other requirement of this chapter and   the rules prescribed by the commission to qualify as a state   correctional officer.           Sec.   1701.3096.     MINIMUM ELIGIBILITY FOR STATE CORRECTIONAL   OFFICER LICENSE. (a)   To be eligible for a state correctional   officer license, a person must:                 (1)     have completed not less than 240 hours of training   as determined by the commission;                 (2)  be at least 18 years old; and                 (3)     hold a high school diploma or high school   equivalency certificate.           (b)     A state correctional officer who holds a permanent   appointment on September 1, 2027, is not required to meet the   requirements of Section 1701.3072 or Subsection (a) as a condition   of continued employment in that position.           (c)     The commission shall issue a state correctional officer   license to a person who holds a permanent appointment with the Texas   Department of Criminal Justice as a state correctional officer if   the person:                 (1)     submits an application for a license to the   commission under this section before September 1, 2027; and                 (2)     holds that position on the date the person submits   the application.             (d)     The commission and the Texas Department of Criminal   Justice may enter into a memorandum of understanding to implement   Subsection (c).   Subsection (c) and this subsection expire   September 1, 2028.            SECTION 10.  Section 1701.401(c), Occupations Code, is   amended to read as follows:          (c)  The commission shall adopt rules for issuing   achievement awards to peace officers, reserve peace officers, state   correctional officers, county jailers, custodial officers, or   telecommunicators 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.          SECTION 11.  Sections 1701.404(b) and (c), Occupations Code,   are amended to read as follows:          (b)  The commission may certify a sheriff, sheriff's deputy,   constable, other peace officer, state correctional officer, county   jailer, or justice of the peace as a special officer for offenders   with mental impairments if the person:                (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 person's:                      (A)  knowledge and recognition of the   characteristics and symptoms of mental illness, intellectual   disabilities, and developmental 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, state c [Text truncated for display. 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