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