H.B. No. 2445
 
 
 
 
AN ACT
  relating to certain employment records maintained by the Commission
  on Law Enforcement Officer Standards and Education; providing an
  administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1701.451, Occupations Code, is amended
  by amending Subsection (a) and adding Subsection (a-1) 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.
         (a-1)  A law enforcement agency that obtains a consent form
  described by Subsection (a)(2)(B) shall make the person's
  employment records available to a hiring law enforcement agency on
  request.
         SECTION 2.  Section 1701.452, Occupations Code, is amended
  to read as follows:
         Sec. 1701.452.  EMPLOYMENT TERMINATION REPORT. (a)  The
  head of a law enforcement agency or the head's designee shall submit
  a report to the commission on a form prescribed by the commission
  regarding a person licensed under this chapter who resigns or
  retires from [the] employment with [of] the law enforcement agency,
  [or] whose appointment with the law enforcement agency is
  terminated, or who separates from the law enforcement agency for
  any other reason.  The report must be submitted by the head or the
  designee not later than the seventh business day after the date the
  license holder:
               (1)  resigns, retires, or separates from the agency; or
               (2)  exhausts all administrative appeals available to
  the license holder if the license holder was terminated based on an
  allegation of misconduct.
         (b)  The [agency] head of a law enforcement agency or the
  head's designee shall include in the report required under
  Subsection (a) a statement on whether the license holder was
  honorably discharged, generally discharged, or dishonorably
  discharged and, as required by the commission, [:
               [(1)] an explanation of the circumstances under which
  the person resigned, retired, or was terminated.  For purposes of
  this subsection:
               (1)  "Honorably discharged" means a license holder who,
  while in good standing and not because of pending or final
  disciplinary actions or a documented performance problem, retired,
  resigned, or separated from employment with or died while employed
  by a law enforcement agency.
               (2)  "Generally discharged" means a license holder who:
                     (A)  was terminated by, retired or resigned from,
  or died while in the employ of a law enforcement agency and the
  separation was related to a disciplinary investigation of conduct
  that is not included in the definition of dishonorably discharged;
  or
                     (B)  was terminated by or retired or resigned from
  a law enforcement agency and the separation was for a documented
  performance problem and was not because of a reduction in workforce
  or an at-will employment decision.
               (3)  "Dishonorably discharged" means a license holder
  who:
                     (A)  was terminated by a law enforcement agency or
  retired or resigned in lieu of termination by the agency in relation
  to allegations of criminal misconduct; or
                     (B)  was terminated by a law enforcement agency or
  retired or resigned in lieu of termination by the agency for
  insubordination or untruthfulness.
         (c)  The commission by rule may further specify the
  circumstances that constitute honorably discharged, dishonorably
  discharged, and generally discharged within the definitions
  provided by Subsection (b)[; and
               [(2)  one of the following designations:
                     [(A)     retired, which applies only to an officer
  who:
                           [(i)     left the agency while in good
  standing; and
                           [(ii)  is eligible to collect a pension;
                     [(B)     honorably discharged, which applies only to
  an officer who:
                           [(i)     left the agency while in good standing
  to pursue other career interests or for personal reasons other than
  retirement; and
                           [(ii)     did not leave the agency while under
  investigation for a criminal violation or while facing disciplinary
  action, including suspension, demotion, or termination;
                     [(C)     dishonorably discharged, which applies only
  to an officer whose employment was terminated for a violation of law
  or department policy or for other substantiated misconduct;
                     [(D)     generally discharged, which applies only to
  an officer who left the agency:
                           [(i)     for less than honorable reasons but
  did not leave the agency because of pending or final disciplinary
  action; or
                           [(ii)     while under investigation for a
  potential criminal violation or in lieu of disciplinary action,
  including suspension, demotion, or termination;
                     [(E)     killed in the line of duty, which applies
  only to an officer who was killed while performing the officer's
  duties as a peace officer in or outside this state;
                     [(F)     died, which applies only to an officer who
  died for a reason that is not described by Paragraph (E); or
                     [(G)     disabled, which applies only to an officer
  who was unable to fulfill the officer's duties as a peace officer
  because of an injury or illness].
         (d) [(b)]  The head of the law enforcement agency from which
  a license holder [person] resigns, retires, [or] is terminated, or
  separates for reasons other than death, or the head's designee,
  shall provide to the license holder [person] a copy of the report.  
  The report must be provided to the license holder not later than the
  seventh business day after the date the license holder:
               (1)  resigns, retires, or separates from the agency; or
               (2)  exhausts all administrative appeals available to
  the license holder if the license holder was terminated based on an
  allegation of misconduct.
         (e)  If the person who is the subject of the employment
  termination report is deceased, the head of the law enforcement
  agency or the head's designee on request shall provide a copy of the
  report to the person's next of kin not later than the seventh
  business day after the date of the request.
         (f)  The head of a law enforcement agency or the head's
  designee satisfies the obligation to provide the report required
  under Subsection (d) or (e) by sending by certified mail:
               (1)  the report required under Subsection (d) to the
  last known address of the license holder if the license holder is
  not otherwise available; or
               (2)  the report required under Subsection (e) to the
  last known address of the next of kin if the next of kin who
  requested the report is not otherwise available.
         (g) [(c)]  The head of a law enforcement agency or the head's
  designee must submit a report under this section each time a person
  licensed under this chapter resigns, retires, [or] is terminated,
  or separates for any other reason from the agency. The report is an
  official government document.
         SECTION 3.  Subchapter J, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.4521 to read as follows:
         Sec. 1701.4521.  LICENSE SUSPENSION FOR OFFICER
  DISHONORABLY DISCHARGED.  (a)  The commission shall suspend the
  license of an officer licensed under this chapter on notification
  that the officer has been dishonorably discharged if the officer
  has previously been dishonorably discharged from another law
  enforcement agency.
         (b)  An officer whose license is suspended under this section
  may appeal the suspension in writing to the commission not later
  than the 30th day after the date the officer is suspended.
         (c)  After a commission determination, the commission may
  revoke or reinstate the officer's license in accordance with rules
  or procedures adopted by the commission under this chapter related
  to revocation or reinstatement of a license. The commission shall
  revoke the officer's license if the officer does not appeal the
  suspension before the 30th day after the date the officer is
  suspended.
         (d)  The commission's decision does not affect:
               (1)  the employment relationship between an officer
  licensed under this chapter and a law enforcement agency; or
               (2)  any disciplinary action taken against an officer
  licensed under this chapter by a law enforcement agency.
         SECTION 4.  Section 1701.4525, Occupations Code, is amended
  by amending Subsection (e) and adding Subsection (f) to read as
  follows:
         (e)  In a proceeding under Subsection (b) to contest the
  commission's order or under Subsection (c) to correct an employment
  termination report for an order or report based on alleged
  misconduct, an administrative law judge shall determine if the
  alleged misconduct occurred by a preponderance of the evidence
  regardless of whether the person who is the subject of the report
  was terminated or the person resigned, retired, or separated in
  lieu of termination.  If the alleged misconduct is not supported by
  a preponderance of the evidence, the administrative law judge shall
  order the report to be changed.
         (f)  The commission shall adopt rules for the administration
  of this section.
         SECTION 5.  Subchapter J, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.458 to read as follows:
         Sec. 1701.458.  VENUE.  Venue for the prosecution of an
  offense under Section 37.10, Penal Code, that arises from a report
  required under this subchapter lies in the county where the offense
  occurred or in Travis County.
         SECTION 6.  The changes in law made by this Act in relation
  to employment termination reports apply only to a report under
  Subchapter J, Chapter 1701, Occupations Code, as amended by this
  Act, regarding a resignation or termination that occurs on or after
  the effective date of this Act. An employment termination report
  regarding a resignation or termination that occurs before the
  effective date of this Act is governed by the law as it existed
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2445 was passed by the House on April
  26, 2007, by the following vote:  Yeas 143, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2445 on May 23, 2007, by the following vote:  Yeas 145, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2445 was passed by the Senate, with
  amendments, on May 21, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor