H.B. No. 1438
AN ACT
relating to continuing education for peace officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.351(c), Occupations Code, is
amended to read as follows:
(c) The commission shall credit a peace officer with meeting
the continuing education requirements of this section if during the
relevant 24-month period the peace officer serves on active duty as
a member of the United States military for at least 12 months or
serves as an elected member of the legislature. Credit for
continuing education under this subsection does not affect any
requirement to demonstrate continuing weapons proficiency under
Section 1701.355.
SECTION 2. Section 1701.353(b), Occupations Code, is
amended to read as follows:
(b) The commission shall require agencies to report to the
commission in a timely manner the reasons that a peace officer is in
noncompliance after the agency receives [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, notify the peace officer by certified mail of the reasons
the peace officer is in noncompliance and that the commission at the
request of the peace officer will hold a hearing as provided by this
subsection if the peace officer fails to obtain the required
training within 60 days after the date the peace officer receives
notice under this subsection. The commission shall 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 peace officer's employing agency did not
provide an adequate opportunity for the peace officer to attend the
required training course.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1438 was passed by the House on April
14, 2005, by the following vote: Yeas 143, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1438 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor