�
�
� H.B.�No.�3389
�
�
�
�
AN ACT
� relating to the continuation and functions of the Texas Commission
� on Law Enforcement Officer Standards and Education; providing civil
� and administrative penalties.
� �������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
� �������SECTION�1.��Section 1701.002, Occupations Code, is amended
� to read as follows:
� �������Sec.�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, 2021 [2009].
� �������SECTION�2.��Section 1701.053, Occupations Code, is amended
� to read as follows:
� �������Sec.�1701.053.��MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
� In this section, "Texas trade association" means a [nonprofit,]
� cooperative[,] and voluntarily joined statewide 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)��A person [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
� employed in a "bona fide executive, administrative, or professional
� capacity," as that phrase is used for purposes of establishing an
� exemption to the overtime provisions of the federal Fair Labor
� Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
� �������������(1)��the person is an officer, employee, or paid
� consultant of a Texas trade association in the field of law
� enforcement or county corrections; or
� �������������(2)��the person's spouse is an officer, manager, or paid
� consultant of a Texas trade association in the field of law
� enforcement or county corrections [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 be [serve as] a member of the
� commission or act as the general counsel to the commission or the
� agency 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.
� �������SECTION�3.��Section 1701.056(a), Occupations Code, is
� amended to read as follows:
� �������(a)��It is a ground for removal from the commission that a
� member:
� �������������(1)��does not have at the time of taking office
� [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)��is ineligible for membership under [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 without an excuse approved by a majority vote
� of the commission.
� �������SECTION�4.��Section 1701.059, Occupations Code, is amended
� to read as follows:
� �������Sec.�1701.059.��TRAINING. (a) A [To be eligible to take
� office as a member of the commission, a] person who is appointed to
� and qualifies for office as a member of the commission may not vote,
� deliberate, or be counted as a member in attendance at a meeting of
� the commission until the person completes [must complete at least
� one course of] a training program that complies with this section.
� �������(b)��The training program must [shall] provide the person
� with information [to a member] regarding:
� �������������(1)��the legislation that created the commission;
� �������������(2)��the programs, functions, rules, and budget of the
� commission [this chapter];
� �������������(3)�[(2)]��the results of the most recent formal audit
� of [programs operated by] the commission;
� �������������(4)�[(3)]��the requirements of laws relating to open
� meetings, public information, administrative procedure, and
� conflicts of interest [role and functions of the commission]; and
� �������������[(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, as provided by the General Appropriations Act, for
� travel expenses incurred in attending the training program
� regardless of whether the attendance at the program occurs before
� or after the person qualifies for office[, as provided by the
� General Appropriations Act, as if the person were a member of the
� commission].
� �������SECTION�5.��Section 1701.153(b), Occupations Code, is
� amended to read as follows:
� �������(b)��The commission shall furnish each agency and licensed
� training school with the required reporting forms, including access
� to electronic submission forms when the system under Section
� 1701.1523 is established.
� �������SECTION�6.��Sections 1701.157(b) and (c), Occupations Code,
� are amended to read as follows:
� �������(b)��To provide the necessary information for an allocation
� of money under Subsection (a), a [Not later than November 1 of each
� calendar year, each] local law enforcement agency must [shall]
� report to the comptroller not later than November 1 of the preceding
� calendar year:
� �������������(1)��the number of agency positions described by
� Subsection (a)(2) authorized as of January 1 of the [that] year the
� report is due;
� �������������(2)��the number of agency positions described by
� Subsection (a)(2) filled as of January 1 of the year the report is
� due;
� �������������(3)��the percentage of the money received by the agency
� under Subsection (a) pursuant to the allocation made by the
� comptroller on or before March 1 of the year preceding the year in
� which the report is due that was used by the agency before the date
� of the allocation made by the comptroller under Subsection (a) on or
� before March 1 of the year the report is due;
� �������������(4)��the number of training hours received during the
� 12-month or approximately 12-month period described by Subdivision
� (3) that were funded by money received by the agency pursuant to the
� allocation made by the comptroller on or before March 1 of the year
� preceding the year in which the report is due; and
� �������������(5)��that the agency has complied with the requirements
� of this section regarding the use of any money received by the
� agency pursuant to the allocation made by the comptroller on or
� before March 1 of the year preceding the year in which the report is
� due.
� �������(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.
� �������SECTION�7.��Subchapter D, Chapter 1701, Occupations Code, is
� amended by adding Sections 1701.1521, 1701.1522, 1701.1523,
� 1701.1524, 1701.162, and 1701.163 to read as follows:
� �������Sec.�1701.1521.��USE OF TECHNOLOGY. The commission shall
� implement a policy requiring the commission to use appropriate
� technological solutions to improve the commission's ability to
� perform its functions. The policy must ensure that the public is
� able to interact with the commission on the Internet.
� �������Sec.�1701.1522.��ALTERNATIVE DISPUTE RESOLUTION. (a) The
� commission shall develop and implement a policy to encourage the
� use of:
� �������������(1)��negotiated rulemaking procedures under Chapter
� 2008, Government Code, for the adoption of commission rules; and
� �������������(2)��appropriate alternative dispute resolution
� procedures under Chapter 2009, Government Code, to assist in the
� resolution of internal and external disputes under the commission's
� jurisdiction.
� �������(b)��The commission's procedures relating to alternative
� dispute resolution must conform, to the extent possible, to any
� model guidelines issued by the State Office of Administrative
� Hearings for the use of alternative dispute resolution by state
� agencies.
� �������(c)��The commission shall designate a trained person to:
� �������������(1)��coordinate the implementation of the policy
� adopted under Subsection (a);
� �������������(2)��serve as a resource for any training needed to
� implement the procedures for negotiated rulemaking or alternative
� dispute resolution; and
� �������������(3)��collect data concerning the effectiveness of those
� procedures, as implemented by the commission.
� �������Sec.�1701.1523.��ELECTRONIC SUBMISSION OF FORMS, DATA, AND
� DOCUMENTS. The commission by rule shall:
� �������������(1)��develop and establish a system for the electronic
� submission of forms, data, and documents required to be submitted
� to the commission under this chapter; and
� �������������(2)��once that system is established, require law
� enforcement agencies to submit to the commission electronically any
� form, data, or document required to be submitted to the commission
� under this chapter.
� �������Sec.�1701.1524.��RULES RELATING TO CONSEQUENCES OF CRIMINAL
� CONVICTION OR DEFERRED ADJUDICATION. (a) The commission by rule
� shall establish guidelines consistent with this chapter that are
� necessary to comply with Chapter 53 to the extent that chapter
� applies to persons licensed under this chapter.
� �������(b)��In its rules under this section, the commission shall
� list the offenses for which a conviction would constitute grounds
� for the commission to take action under Section 53.021 or for which
� placement on deferred adjudication community supervision would
� constitute grounds for the commission to take action under this
� chapter.
� �������Sec.�1701.162.��RECORDS AND AUDIT REQUIREMENTS. (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 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.
� �������(b)��The commission shall audit the records described by
� Subsection (a) of each law enforcement agency at least once every
� five years.
� �������(c)��The commission by rule shall develop and establish a
� framework for the audits conducted by the commission under
� Subsection (b) that:
� �������������(1)��addresses the types of documents subject to audit;
� �������������(2)��provides a schedule for additional risk-based
� inspections based on:
� �������������������(A)��whether there has been a prior violation by
� the law enforcement agency;
� �������������������(B)��the inspection history of the agency; and
� �������������������(C)��any other factor the commission by rule
� considers appropriate;
� �������������(3)��provides timelines for complying with an audit
� request or correcting a violation found during the audit process;
� and
� �������������(4)��establishes sanctions for failing to comply with
� an audit request or to correct a violation found during the audit
� process.
� �������Sec.�1701.163.��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)��The entity shall submit to the commission on creation of
� the law enforcement agency or police department information
� regarding:
� �������������(1)��the need for the law enforcement agency or police
� department in the community;
� �������������(2)��the funding sources for the law enforcement agency
� or police department;
� �������������(3)��the physical resources available to officers;
� �������������(4)��the physical facilities that the law enforcement
� agency or police department will operate, including descriptions of
� the evidence room, dispatch area, and public area;
� �������������(5)��law enforcement policies of the law enforcement
� agency or police department, including policies on:
� �������������������(A)��use of force;
� �������������������(B)��vehicle pursuit;
� �������������������(C)��professional conduct of officers;
� �������������������(D)��domestic abuse protocols;
� �������������������(E)��response to missing persons;
� �������������������(F)��supervision of part-time officers; and
� �������������������(G)��impartial policing;
� �������������(6)��the administrative structure of the law
� enforcement agency or police department;
� �������������(7)��liability insurance; and
� �������������(8)��any other information the commission requires by
� rule.
� �������SECTION�8.��Subchapter D, Chapter 1701, Occupations Code, is
� amended by adding Section 1701.164 to read as follows:
� �������Sec.�1701.164.��COLLECTION OF CERTAIN INCIDENT-BASED DATA
� SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall
� collect and maintain incident-based data submitted to the
� commission under Article 2.134, Code of Criminal Procedure,
� including incident-based data compiled by a law enforcement agency
� from reports received by the law enforcement agency under Article
� 2.133 of that code. The commission in consultation with the
� Department of Public Safety, the Bill Blackwood Law Enforcement
� Management Institute of Texas, the W. W. Caruth, Jr., Police
� Institute at Dallas, and the Texas Police Chiefs Association shall
� develop guidelines for submitting in a standard format the report
� containing incident-based data as required by Article 2.134, Code
� of Criminal Procedure.
� �������SECTION�9.��Section 1701.202, Occupations Code, is amended
� to read as follows:
� �������Sec.�1701.202.��COMPLAINTS. (a) The commission by rule
� shall establish a comprehensive procedure for each phase of the
� commission's jurisdictional complaint enforcement process,
� including:
� �������������(1)��complaint intake;
� �������������(2)��investigation;
� �������������(3)��adjudication and relevant hearings;
� �������������(4)��appeals;
� �������������(5)��the imposition of sanctions; and
� �������������(6)��public disclosure.
� �������(b)��On request, a license holder may obtain information
� regarding a complaint made against the license holder under this
� chapter, including a complete copy of the complaint file. On
� receipt of a request under this subsection, the commission shall
� provide the requested information in a timely manner to allow the
� license holder time to respond to the complaint.
� �������(c)��The commission shall ensure that detailed information
� regarding the commission's complaint enforcement process described
� by this section is available on any publicly accessible Internet
� website and in any appropriate printed materials maintained by the
� commission [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].
� �������SECTION�10.��Section 1701.203, Occupations Code, is amended
� to read as follows:
� �������Sec.�1701.203.��RECORDS OF COMPLAINTS. (a) The commission
� shall maintain a system to promptly and efficiently act on
� jurisdictional complaints filed with the commission. The
� commission shall maintain [keep an] information [file] about
� parties to the complaint, [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 its disposition[; and
� �������������[(6) � � an explanation of the reason that a complaint was
� closed without action by the commission].
� �������(b)��The commission shall make information available
� describing its procedures for complaint investigation and
� resolution.
� �������(c)��The commission[, at least quarterly and until final
� disposition of the complaint,] shall periodically notify the
� parties to the complaint of the status of the complaint until final
� disposition [unless the notice would jeopardize an undercover
� investigation].
� �������SECTION�11.��Subchapter E, Chapter 1701, Occupations Code,
� is amended by adding Section 1701.2035 to read as follows:
� �������Sec.�1701.2035.��TRACKING AND ANALYSIS OF COMPLAINT AND
� VIOLATION DATA. (a) The commission shall develop and implement a
� method for:
� �������������(1)��tracking complaints filed with the commission
� through their final disposition, including:
� �������������������(A)��the reason for each complaint;
� �������������������(B)��how each complaint was resolved; and
� �������������������(C)��the subject matter of each complaint that was
� not within the jurisdiction of the commission and how the
� commission responded to the complaint; and
� �������������(2)��tracking and categorizing the sources and types of
� complaints filed with the commission and of violations of this
� chapter or a rule adopted under this chapter.
� �������(b)��The commission shall analyze the complaint and
� violation data maintained under Subsection (a) to identify trends
� and areas that may require additional regulation or enforcement.
� �������SECTION�12.��Section 1701.253, Occupations Code, is amended
� by adding Subsection (k) to read as follows:
� �������(k)��As part of the minimum curriculum requirements, the
� commission shall establish a statewide comprehensive education and
� training program for officers licensed under this chapter that
� covers the laws of this state and of the United States pertaining to
� peace officers.
� �������SECTION�13.��Section 1701.254, Occupations Code, is amended
� by adding Subsection (d) to read as follows:
� �������(d)��The commission by rule shall establish a system for
� placing a training provider on at-risk probationary status. The
� rules must prescribe:
� �������������(1)��the criteria to be used by the commission in
� determining whether to place a training provider on at-risk
� probationary status;
� �������������(2)��a procedure and timeline for imposing corrective
� conditions on a training provider placed on at-risk probationary
� status and for notifying the provider regarding those conditions;
� and
� �������������(3)��a procedure for tracking a training provider's
� progress toward compliance with any corrective conditions imposed
� on the provider by the commission under this subsection.
� �������SECTION�14.��Section 1701.255(c), Occupations Code, is
� amended to read as follows:
� �������(c)��A person may not enroll in a peace officer training
� program under Section 1701.251(a) unless the person has received:
� �������������(1)��a high school diploma;
� �������������(2)��a high school equivalency certificate [and has
� completed at least 12 hours at an institution of higher education
� with at least a 2.0 grade point average on a 4.0 scale]; or
� �������������(3)��an honorable discharge from the armed forces of
� the United States after at least 24 months of active duty service.
� �������SECTION�15.��Section 1701.351, Occupations Code, is amended
� by adding Subsection (a-1) to read as follows:
� �������(a-1)��As part of the continuing education programs under
� Subsection (a), a peace officer must complete a training and
� education program that covers recent changes to the laws of this
� state and of the United States pertaining to peace officers.
� �������SECTION�16.��Section 1701.352, Occupations Code, is amended
� by amending Subsection (b) and adding Subsection (g) to read as
� follows:
� �������(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 48 months that is approved by the commission and
� consists of:
� �������������(1)��topics selected by the agency; and
� �������������(2)��for an officer holding only a basic proficiency
� certificate, not more than 20 hours of education and training that
� contain curricula incorporating the learning objectives developed
� by the commission regarding:
� �������������������(A)��civil rights, racial sensitivity, and
� cultural diversity; [and]
� �������������������(B)��de-escalation and crisis intervention
� techniques to facilitate interaction with persons with mental
� impairments; and
� �������������������(C)��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.
� �������(g)��The training and education program on de-escalation and
� crisis intervention techniques to facilitate interaction with
� persons with mental impairments under Subsection (b)(2)(B) may not
� be provided as an online course. The commission shall:
� �������������(1)��determine best practices for interacting with
� persons with mental impairments, in consultation with the Bill
� Blackwood Law Enforcement Management Institute of Texas; and
� �������������(2)��review the education and training program under
� Subsection (b)(2)(B) at least once every 24 months.
� �������SECTION�17.��Section 1701.402, Occupations Code, is amended
� by adding Subsections (h) and (i) to read as follows:
� �������(h)��As a requirement for an intermediate proficiency
� certificate, an officer must complete an education and training
� program on investigative topics established by the commission under
� Section 1701.253(b).
� �������(i)��As a requirement for an intermediate proficiency
� certificate, an officer must complete an education and training
� program on civil rights, racial sensitivity, and cultural diversity
� established by the commission under Section 1701.253(c).
� �������SECTION�18.��Section 1701.355(a), Occupations Code, is
� amended to read as follows:
� �������(a)��An agency that employs one or more [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.
� �������SECTION�19.��Sections 1701.451(a), (b), and (c), Occupations
� Code, are amended to read as follows:
� �������(a)��Before a law enforcement agency may hire a person
� licensed under this chapter, the agency head or the agency head's
� designee must:
� �������������(1)��make a [written] request to the commission for any
� employment termination report regarding the person that is
� maintained by the commission under this subchapter; and
� �������������(2)��submit to the commission on the form prescribed by
� the commission confirmation that the agency:
� �������������������(A)��conducted in the manner prescribed by the
� commission a criminal background check regarding the person;
� �������������������(B)��obtained the person's written consent on a
� form prescribed by the commission for the agency to view the
� person's employment records;
� �������������������(C)��obtained from the commission any service or
� education records regarding the person maintained by the
� commission; and
� �������������������(D)��contacted each of the person's previous law
� enforcement employers.
� �������(b)��The commission by rule shall establish a system for
� verifying an electronically submitted [The written] request
� required by Subsection (a)(1) [must be on the agency's letterhead
� and be signed by the agency head or the agency head's designee].
� �������(c)��If the commission receives from a law enforcement agency
� a [written] request that complies with Subsections (a)(1) and (b),
� the commission employee having the responsibility to maintain any
� employment termination report regarding the person who is the
� subject of the request shall release the report to the agency.
� �������SECTION�20.��Section 1701.4525, Occupations Code, is amended
� by adding Subsection (g) to read as follows:
� �������(g)��The commission is not considered a party in a proceeding
� conducted by the State Office of Administrative Hearings under this
� section.
� �������SECTION�21.��Section 1701.453, Occupations Code, is amended
� to read as follows:
� �������Sec.�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.
� �������SECTION�22.��Section 1701.501(a), Occupations Code, is
� amended to read as follows:
� �������(a)��Except as provided by Subsection (d), 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:
� �������������(1)��this chapter;
� �������������(2)��the reporting requirements provided by Articles
� 2.132 and 2.134, Code of Criminal Procedure; or
� �������������(3)��a commission rule.
� �������SECTION�23.��Subchapter K, Chapter 1701, Occupations Code,
� is amended by adding Section 1701.507 to read as follows:
� �������Sec.�1701.507.��ADMINISTRATIVE PENALTIES. (a) In addition
� to other penalties imposed by law, a law enforcement agency or
� governmental entity that violates this chapter or a rule adopted
� under this chapter is subject to an administrative penalty in an
� amount set by the commission not to exceed $1,000 per day per
� violation. The administrative penalty shall be assessed in a
� proceeding conducted in accordance with Chapter 2001, Government
� Code.
� �������(b)��The amount of the penalty shall be based on:
� �������������(1)��the seriousness of the violation;
� �������������(2)��the respondent's history of violations;
� �������������(3)��the amount necessary to deter future violations;
� �������������(4)��efforts made by the respondent to correct the
� violation; and
� �������������(5)��any other matter that justice may require.
� �������(c)��The commission by rule shall establish a written
� enforcement plan that provides notice of the specific ranges of
� penalties that apply to specific alleged violations and the
� criteria by which the commission determines the amount of a
� proposed administrative penalty.
� �������SECTION�24.��Subchapter L, Chapter 1701, Occupations Code,
� is amended by adding Section 1701.554 to read as follows:
� �������Sec.�1701.554.��VENUE. Venue for the prosecution of an
� offense that arises from a violation of this chapter or in
� connection with the administration of this chapter lies in the
� county where the offense occurred or in Travis County.
� �������SECTION�25.��Article 2.132, Code of Criminal Procedure, is
� amended by amending Subsections (a), (b), (d), and (e) and adding
� Subsection (g) to read as follows:
� �������(a)��In this article:
� �������������(1)��"Law enforcement agency" means an agency of the
� state, or of a county, municipality, or other political subdivision
� of the state, that employs peace officers who make motor vehicle
� [traffic] stops in the routine performance of the officers'
� official duties.
� �������������(2)��"Motor vehicle stop" means an occasion in which a
� peace officer stops a motor vehicle for an alleged violation of a
� law or ordinance.
� �������������(3)��"Race or ethnicity" means of a particular descent,
� including Caucasian, African, Hispanic, Asian, [or] Native
� American, or Middle Eastern descent.
� �������(b)��Each law enforcement agency in this state shall adopt a
� detailed written policy on racial profiling. The policy must:
� �������������(1)��clearly define acts constituting racial
� profiling;
� �������������(2)��strictly prohibit peace officers employed by the
� agency from engaging in racial profiling;
� �������������(3)��implement a process by which an individual may
� file a complaint with the agency if the individual believes that a
� peace officer employed by the agency has engaged in racial
� profiling with respect to the individual;
� �������������(4)��provide public education relating to the agency's
� complaint process;
� �������������(5)��require appropriate corrective action to be taken
� against a peace officer employed by the agency who, after an
� investigation, is shown to have engaged in racial profiling in
� violation of the agency's policy adopted under this article;
� �������������(6)��require collection of information relating to
� motor vehicle [traffic] stops in which a citation is issued and to
� arrests made as a result of [resulting from] those [traffic] stops,
� including information relating to:
� �������������������(A)��the race or ethnicity of the individual
� detained; [and]
� �������������������(B)��whether a search was conducted and, if so,
� whether the individual [person] detained consented to the search;
� and
� �������������������(C)��whether the peace officer knew the race or
� ethnicity of the individual detained before detaining that
� individual; and
� �������������(7)��require the chief administrator of the agency,
� regardless of whether the administrator is elected, employed, or
� appointed, to submit [to the governing body of each county or
� municipality served by the agency] an annual report of the
� information collected under Subdivision (6) to:
� �������������������(A)��the Commission on Law Enforcement Officer
� Standards and Education; and
� �������������������(B)��the governing body of each county or
� municipality served by the agency, if the agency is an agency of a
� county, municipality, or other political subdivision of the state.
� �������(d)��On adoption of a policy under Subsection (b), a law
� enforcement agency shall examine the feasibility of installing
� video camera and transmitter-activated equipment in each agency law
� enforcement motor vehicle regularly used to make motor vehicle
� [traffic] stops and transmitter-activated equipment in each agency
� law enforcement motorcycle regularly used to make motor vehicle
� [traffic] stops. If a law enforcement agency installs video or
� audio equipment as provided by this subsection, the policy adopted
� by the agency under Subsection (b) must include standards for
� reviewing video and audio documentation.
� �������(e)��A report required under Subsection (b)(7) may not
� include identifying information about a peace officer who makes a
� motor vehicle [traffic] stop or about an individual who is stopped
� or arrested by a peace officer. This subsection does not affect the
� collection of information as required by a policy under Subsection
� (b)(6).
� �������(g)��On a finding by the Commission on Law Enforcement
� Officer Standards and Education that the chief administrator of a
� law enforcement agency intentionally failed to submit a report
� required under Subsection (b)(7), the commission shall begin
� disciplinary procedures against the chief administrator.
� �������SECTION�26.��Article 2.133, Code of Criminal Procedure, is
� amended to read as follows:
� �������Art.�2.133.��REPORTS REQUIRED FOR MOTOR VEHICLE [TRAFFIC AND
� PEDESTRIAN] STOPS. (a) In this article, "race[:
� �������������[(1)��"Race] or ethnicity" has the meaning assigned by
� Article 2.132(a).
� �������������[(2) � � "Pedestrian stop" means an interaction between a
� peace officer and an individual who is being detained for the
� purpose of a criminal investigation in which the individual is not
� under arrest.]
� �������(b)��A peace officer who stops a motor vehicle for an alleged
� violation of a law or ordinance [regulating traffic or who stops a
� pedestrian for any suspected offense] shall report to the law
� enforcement agency that employs the officer information relating to
� the stop, including:
� �������������(1)��a physical description of any [each] person
� operating the motor vehicle who is detained as a result of the stop,
� including:
� �������������������(A)��the person's gender; and
� �������������������(B)��the person's race or ethnicity, as stated by
� the person or, if the person does not state the person's race or
� ethnicity, as determined by the officer to the best of the officer's
� ability;
� �������������(2)��the initial reason for the stop [traffic law or
� ordinance alleged to have been violated or the suspected offense];
� �������������(3)��whether the officer conducted a search as a result
� of the stop and, if so, whether the person detained consented to the
� search;
� �������������(4)��whether any contraband or other evidence was
� discovered in the course of the search and a description [the type]
� of the contraband or evidence [discovered];
� �������������(5)��the reason for the search, including whether:
� �������������������(A)��any contraband or other evidence was in plain
� view;
� �������������������(B)��any probable cause or reasonable suspicion
� existed to perform the search; or
� �������������������(C)��the search was performed as a result of the
� towing of the motor vehicle or the arrest of any person in the motor
� vehicle [existed and the facts supporting the existence of that
� probable cause];
� �������������(6)��whether the officer made an arrest as a result of
� the stop or the search, including a statement of whether the arrest
� was based on a violation of the Penal Code, a violation of a traffic
� law or ordinance, or an outstanding warrant and a statement of the
� offense charged;
� �������������(7)��the street address or approximate location of the
� stop; and
� �������������(8)��whether the officer issued a written warning or a
� citation as a result of the stop[, including a description of the
� warning or a statement of the violation charged].
� �������SECTION�27.��Article 2.134, Code of Criminal Procedure, is
� amended by amending Subsections (a) through (e) and adding
� Subsection (g) to read as follows:
� �������(a)��In this article:
� �������������(1)��"Motor vehicle[, "pedestrian] stop" has the
� meaning assigned by Article 2.132(a) [means an interaction between
� a peace officer and an individual who is being detained for the
� purpose of a criminal investigation in which the individual is not
� under arrest].
� �������������(2)��"Race or ethnicity" has the meaning assigned by
� Article 2.132(a).
� �������(b)��A law enforcement agency shall compile and analyze the
� information contained in each report received by the agency under
� Article 2.133. Not later than March 1 of each year, each [local]
� law enforcement agency shall submit a report containing the
� incident-based data [information] compiled during the previous
� calendar year to the Commission on Law Enforcement Officer
� Standards and Education and, if the law enforcement agency is a
� local law enforcement agency, to the governing body of each county
� or municipality served by the agency [in a manner approved by the
� agency].
� �������(c)��A report required under Subsection (b) must be submitted
� by the chief administrator of the law enforcement agency,
� regardless of whether the administrator is elected, employed, or
� appointed, and must include:
� �������������(1)��a comparative analysis of the information compiled
� under Article 2.133 to:
� �������������������(A)��evaluate and compare the number of motor
� vehicle stops, within the applicable jurisdiction, of persons who
� are recognized as racial or ethnic minorities and persons who are
� not recognized as racial or ethnic minorities [determine the
� prevalence of racial profiling by peace officers employed by the
� agency]; and
� �������������������(B)��examine the disposition of motor vehicle
� [traffic and pedestrian] stops made by officers employed by the
� agency, categorized according to the race or ethnicity of the
� affected persons, as appropriate, including any searches resulting
� from [the] stops within the applicable jurisdiction; and
� �������������(2)��information relating to each complaint filed with
� the agency alleging that a peace officer employed by the agency has
� engaged in racial profiling.
� �������(d)��A report required under Subsection (b) may not include
� identifying information about a peace officer who makes a motor
� vehicle [traffic or pedestrian] stop or about an individual who is
� stopped or arrested by a peace officer. This subsection does not
� affect the reporting of information required under Article
� 2.133(b)(1).
� �������(e)��The Commission on Law Enforcement Officer Standards and
� Education, in accordance with Section 1701.162, Occupations Code,
� shall develop guidelines for compiling and reporting information as
� required by this article.
� �������(g)��On a finding by the Commission on Law Enforcement
� Officer Standards and Education that the chief administrator of a
� law enforcement agency intentionally failed to submit a report
� required under Subsection (b), the commission shall begin
� disciplinary procedures against the chief administrator.
� �������SECTION�28.��Article 2.135, Code of Criminal Procedure, is
� amended to read as follows:
� �������Art.�2.135.��PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND
� AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting
� requirement under Article 2.133 and the chief administrator of a
� law enforcement agency, regardless of whether the administrator is
� elected, employed, or appointed, is exempt from the compilation,
� analysis, and reporting requirements under Article 2.134 if:
� �������������(1)��during the calendar year preceding the date that a
� report under Article 2.134 is required to be submitted:
� �������������������(A)��each law enforcement motor vehicle regularly
� used by an officer employed by the agency to make motor vehicle
� [traffic and pedestrian] stops is equipped with video camera and
� transmitter-activated equipment and each law enforcement
� motorcycle regularly used to make motor vehicle [traffic and
� pedestrian] stops is equipped with transmitter-activated
� equipment; and
� �������������������(B)��each motor vehicle [traffic and pedestrian]
� stop made by an officer employed by the agency that is capable of
� being recorded by video and audio or audio equipment, as
� appropriate, is recorded by using the equipment; or
� �������������(2)��the governing body of the county or municipality
� served by the law enforcement agency, in conjunction with the law
� enforcement agency, certifies to the Department of Public Safety,
� not later than the date specified by rule by the department, that
� the law enforcement agency needs funds or video and audio equipment
� for the purpose of installing video and audio equipment as
� described by Subsection (a)(1)(A) and the agency does not receive
� from the state funds or video and audio equipment sufficient, as
� determined by the department, for the agency to accomplish that
� purpose.
� �������(b)��Except as otherwise provided by this subsection, a law
� enforcement agency that is exempt from the requirements under
� Article 2.134 shall retain the video and audio or audio
� documentation of each motor vehicle [traffic and pedestrian] stop
� for at least 90 days after the date of the stop. If a complaint is
� filed with the law enforcement agency alleging that a peace officer
� employed by the agency has engaged in racial profiling with respect
� to a motor vehicle [traffic or pedestrian] stop, the agency shall
� retain the video and audio or audio record of the stop until final
� disposition of the complaint.
� �������(c)��This article does not affect the collection or reporting
� requirements under Article 2.132.
� �������(d)��In this article, "motor vehicle stop" has the meaning
� assigned by Article 2.132(a).
� �������SECTION�29.��Chapter 2, Code of Criminal Procedure, is
� amended by adding Article 2.1385 to read as follows:
� �������Art.�2.1385.��CIVIL PENALTY. (a) If the chief administrator
� of a local law enforcement agency intentionally fails to submit the
� incident-based data as required by Article 2.134, the agency is
� liable to the state for a civil penalty in the amount of $1,000 for
� each violation. The attorney general may sue to collect a civil
� penalty under this subsection.
� �������(b)��From money appropriated to the agency for the
� administration of the agency, the executive director of a state law
� enforcement agency that intentionally fails to submit the
� incident-based data as required by Article 2.134 shall remit to the
� comptroller the amount of $1,000 for each violation.
� �������(c)��Money collected under this article shall be deposited in
� the state treasury to the credit of the general revenue fund.
� �������SECTION�30.��Subchapter A, Chapter 102, Code of Criminal
� Procedure, is amended by adding Article 102.022 to read as follows:
� �������Art.�102.022.��COSTS ON CONVICTION TO FUND STATEWIDE
� REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE. (a) In this article,
� "moving violation" means an offense that:
� �������������(1)��involves the operation of a motor vehicle; and
� �������������(2)��is classified as a moving violation by the
� Department of Public Safety under Section 708.052, Transportation
� Code.
� �������(b)��A defendant convicted of a moving violation in a justice
� court, county court, county court at law, or municipal court shall
� pay a fee of 10 cents as a cost of court.
� �������(c)��In this article, a person is considered convicted if:
� �������������(1)��a sentence is imposed on the person;
� �������������(2)��the person receives community supervision,
� including deferred adjudication; or
� �������������(3)��the court defers final disposition of the person's
� case.
� �������(d)��The clerks of the respective courts shall collect the
� costs described by this article. The clerk shall keep separate
� records of the funds collected as costs under this article and shall
� deposit the funds in the county or municipal treasury, as
� appropriate.
� �������(e)��The custodian of a county or municipal treasury shall:
� �������������(1)��keep records of the amount of funds on deposit
� collected under this article; and
� �������������(2)��send to the comptroller before the last day of the
� first month following each calendar quarter the funds collected
� under this article during the preceding quarter.
� �������(f)��A county or municipality may retain 10 percent of the
� funds collected under this article by an officer of the county or
� municipality as a collection fee if the custodian of the county or
� municipal treasury complies with Subsection (e).
� �������(g)��If no funds due as costs under this article are
� deposited in a county or municipal treasury in a calendar quarter,
� the custodian of the treasury shall file the report required for the
� quarter in the regular manner and must state that no funds were
� collected.
� �������(h)��The comptroller shall deposit the funds received under
� this article to the credit of the Civil Justice Data Repository fund
� in the general revenue fund, to be used only by the Commission on
� Law Enforcement Officer Standards and Education to implement duties
� under Section 1701.162, Occupations Code.
� �������(i)��Funds collected under this article are subject to audit
� by the comptroller.
� �������SECTION�31.��(a) Section 102.061, Government Code, as
� reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th
� Legislature, Regular Session, 2007, is amended to conform to the
� amendments made to Section 102.061, Government Code, by Chapter
� 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
� 2007, and is further amended to read as follows:
� �������Sec.�102.061.��ADDITIONAL COURT COSTS ON CONVICTION IN
� STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
� statutory county court shall collect fees and costs under the Code
� of Criminal Procedure on conviction of a defendant as follows:
� �������������(1)��a jury fee (Art. 102.004, Code of Criminal
� Procedure) .�.�. $20;
� �������������(2)��a fee for services of the clerk of the court (Art.
� 102.005, Code of Criminal Procedure) .�.�. $40;
� �������������(3)��a records management and preservation services fee
� (Art. 102.005, Code of Criminal Procedure) .�.�. $25;
� �������������(4)��a security fee on a misdemeanor offense (Art.
� 102.017, Code of Criminal Procedure) .�.�. $3;
� �������������(5)��a graffiti eradication fee (Art. 102.0171, Code of
� Criminal Procedure) .�.�. $5; [and]
� �������������(6)��a juvenile case manager fee (Art. 102.0174, Code
� of Criminal Procedure) .�.�. not to exceed $5; and
� �������������(7)��a civil justice fee (Art. 102.022, Code of
� Criminal Procedure) .�.�. $0.10.
� �������(b)��Section 102.061, Government Code, as amended by Chapter
� 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
� 2007, is repealed. Section 102.061, Government Code, as reenacted
� and amended by Chapter 921 (H.B. 3167), Acts of the 80th
� Legislature, Regular Session, 2007, to reorganize and renumber that
� section, continues in effect as further amended by this section.
� �������SECTION�32.��(a) Section 102.081, Government Code, as
� amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
� Regular Session, 2007, is amended to conform to the amendments made
� to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151),
� Acts of the 80th Legislature, Regular Session, 2007, and is further
� amended to read as follows:
� �������Sec.�102.081.��ADDITIONAL COURT COSTS ON CONVICTION IN
� COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
� court shall collect fees and costs under the Code of Criminal
� Procedure on conviction of a defendant as follows:
� �������������(1)��a jury fee (Art. 102.004, Code of Criminal
� Procedure) .�.�. $20;
� �������������(2)��a fee for clerk of the court services (Art.
� 102.005, Code of Criminal Procedure) .�.�. $40;
� �������������(3)��a records management and preservation services fee
� (Art. 102.005, Code of Criminal Procedure) .�.�. $25;
� �������������(4)��a security fee on a misdemeanor offense (Art.
� 102.017, Code of Criminal Procedure) .�.�. $3;
� �������������(5)��a graffiti eradication fee (Art. 102.0171, Code of
� Criminal Procedure) .�.�. $5; [and]
� �������������(6)��a juvenile case manager fee (Art. 102.0174, Code
� of Criminal Procedure) .�.�. not to exceed $5; and
� �������������(7)��a civil justice fee (Art. 102.022, Code of
� Criminal Procedure) .�.�. $0.10.
� �������(b)��Section 102.081, Government Code, as amended by Chapter
� 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
� 2007, is repealed. Section 102.081, Government Code, as amended by
� Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
� Session, 2007, to reorganize and renumber that section, continues
� in effect as further amended by this section.
� �������SECTION�33.��Section 102.101, Government Code, is amended to
� read as follows:
� �������Sec.�102.101.��ADDITIONAL COURT COSTS ON CONVICTION IN
� JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice
� court shall collect fees and costs under the Code of Criminal
� Procedure on conviction of a defendant as follows:
� �������������(1)��a jury fee (Art. 102.004, Code of Criminal
� Procedure) .�.�. $3;
� �������������(2)��a fee for withdrawing request for jury less than 24
� hours before time of trial (Art. 102.004, Code of Criminal
� Procedure) .�.�. $3;
� �������������(3)��a jury fee for two or more defendants tried jointly
� (Art. 102.004, Code of Criminal Procedure) .�.�. one jury fee of $3;
� �������������(4)��a security fee on a misdemeanor offense (Art.
� 102.017, Code of Criminal Procedure) .�.�. $4;
� �������������(5)��a fee for technology fund on a misdemeanor offense
� (Art. 102.0173, Code of Criminal Procedure) .�.�. $4;
� �������������(6)��a juvenile case manager fee (Art. 102.0174, Code
� of Criminal Procedure) .�.�. not to exceed $5;
� �������������(7)��a fee on conviction of certain offenses involving
� issuing or passing a subsequently dishonored check (Art. 102.0071,
� Code of Criminal Procedure) .�.�. not to exceed $30; [and]
� �������������(8)��a court cost on conviction of a Class C misdemeanor
� in a county with a population of 3.3 million or more, if authorized
� by the county commissioners court (Art. 102.009, Code of Criminal
� Procedure) .�.�. not to exceed $7; and
� �������������(9)��a civil justice fee (Art. 102.022, Code of
� Criminal Procedure) .�.�. $0.10.
� �������SECTION�34.��Section 102.121, Government Code, is amended to
� read as follows:
� �������Sec.�102.121.��ADDITIONAL COURT COSTS ON CONVICTION IN
� MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
� municipal court shall collect fees and costs on conviction of a
� defendant as follows:
� �������������(1)��a jury fee (Art. 102.004, Code of Criminal
� Procedure) .�.�. $3;
� �������������(2)��a fee for withdrawing request for jury less than 24
� hours before time of trial (Art. 102.004, Code of Criminal
� Procedure) .�.�. $3;
� �������������(3)��a jury fee for two or more defendants tried jointly
� (Art. 102.004, Code of Criminal Procedure) .�.�. one jury fee of $3;
� �������������(4)��a security fee on a misdemeanor offense (Art.
� 102.017, Code of Criminal Procedure) .�.�. $3;
� �������������(5)��a fee for technology fund on a misdemeanor offense
� (Art. 102.0172, Code of Criminal Procedure) .�.�. not to exceed $4;
� [and]
� �������������(6)��a juvenile case manager fee (Art. 102.0174, Code
� of Criminal Procedure) .�.�. not to exceed $5; and
� �������������(7)��a civil justice fee (Art. 102.022, Code of
� Criminal Procedure) .�.�. $0.10.
� �������SECTION�35.��The following laws are repealed:
� �������������(1)��Section 1701.051(d), Occupations Code;
� �������������(2)��Section 1701.156(c), Occupations Code;
� �������������(3)��Section 1701.315, Occupations Code; and
� �������������(4)��Section 1701.406, Occupations Code.
� �������SECTION�36.��(a) The changes in law made by this Act to
� Sections 1701.053, 1701.056, and 1701.059, Occupations Code, apply
� only to a member of the Texas Commission on Law Enforcement Officer
� Standards and Education appointed on or after the effective date of
� this Act and do not affect the entitlement of a member serving on
� the commission immediately before that date to continue to serve
� and function as a member of the commission for the remainder of the
� member's term.
� �������(b)��Not later than March 1, 2010, the Texas Commission on
� Law Enforcement Officer Standards and Education shall adopt rules
� and policies required under:
� �������������(1)��Sections 1701.202, 1701.254, and 1701.451,
� Occupations Code, as amended by this Act; and
� �������������(2)��Sections 1701.1521, 1701.1522, 1701.1523,
� 1701.1524, and 1701.162, Occupations Code, as added by this Act.
� �������(c)��The changes in law made by this Act with respect to
� conduct that is grounds for the imposition of a disciplinary
� sanction, including an administrative penalty, apply only to
� conduct that occurs on or after the effective date of this Act.
� Conduct that occurs before that date is governed by the law in
� effect on the date the conduct occurred, and the former law is
� continued in effect for that purpose.
� �������(d)��The Commission on Law Enforcement Officer Standards and
� Education shall modify the training program required by Section
� 1701.352(b), Occupations Code, as amended by this Act, and ensure
� that the modified program is available not later than January 1,
� 2010.
� �������(e)��A law enforcement agency affected by the change in law
� made by this Act to Section 1701.355(a), Occupations Code, shall
� designate a firearms proficiency officer not later than March 1,
� 2010. For purposes of this section, a state or local governmental
� entity that employs one or more peace officers is a law enforcement
� agency.
� �������(f)��The changes in law made by this Act to Section
� 1701.157(b), Occupations Code, apply to allocations made on or
� after January 1, 2011. Allocations made before that date are
� governed by the law in effect immediately before the effective date
� of this Act, and the former law is continued in effect for that
� purpose.
� �������(g)��The requirements of Articles 2.132, 2.133, and 2.134,
� Code of Criminal Procedure, as amended by this Act, relating to the
� compilation, analysis, and submission of incident-based data apply
� only to information based on a motor vehicle stop occurring on or
� after January 1, 2010.
� �������(h)��The imposition of a cost of court under Article 102.022,
� Code of Criminal Procedure, as added by this Act, applies only to an
� offense committed on or after the effective date of this Act. An
� offense committed before the effective date of this Act is covered
� by the law in effect when the offense was committed, and the former
� law is continued in effect for that purpose. For purposes of this
� section, an offense was committed before the effective date of this
� Act if any element of the offense occurred before that date.
� �������SECTION�37.��This Act takes effect September 1, 2009.
�
�
� ______________________________ ______________________________
� ���President of the Senate Speaker of the House�����
�
�
� �������I certify that H.B. No. 3389 was passed by the House on May
� 13, 2009, by the following vote:��Yeas 144, Nays 0, 1 present, not
� voting; that the House refused to concur in Senate amendments to
� H.B. No. 3389 on May 29, 2009, and requested the appointment of a
� conference committee to consider the differences between the two
� houses; and that the House adopted the conference committee report
� on H.B. No. 3389 on May 31, 2009, by the following vote:��Yeas 144,
� Nays 0, 1 present, not voting.
�
� ______________________________
� Chief Clerk of the House���
�
� �������I certify that H.B. No. 3389 was passed by the Senate, with
� amendments, on May 26, 2009, by the following vote:��Yeas 31, Nays
� 0; at the request of the House, the Senate appointed a conference
� committee to consider the differences between the two houses; and
� that the Senate adopted the conference committee report on H.B. No.
� 3389 on May 31, 2009, by the following vote:��Yeas 31, Nays 0.
�
� ______________________________
� Secretary of the Senate���
� APPROVED: __________________
� ����������������Date�������
� �
� �������� __________________
� ��������������Governor�������
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