H.B. No. 3823
 
 
 
 
AN ACT
  relating to the regulation of certain telecommunicators; providing
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1701.001, Occupations Code, is amended
  by adding Subdivision (7) to read as follows:
               (7)  "Telecommunicator" means a person acknowledged by
  the commission and employed by or serving a law enforcement agency
  that performs law enforcement services on a 24-hour basis who
  receives, processes, and transmits public safety information and
  criminal justice data for the agency by using a base radio station
  on a public safety frequency regulated by the Federal
  Communications Commission or by another method of communication.
         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, [and] 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, mental, and moral standards, for licensing as an officer,
  county jailer, or public security officer or employment as a
  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,
  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, [and] 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.  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, 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, county jailers, telecommunicators, or
  recruits. The commission shall base its schedule for inspection of
  schools on the results of the risk assessment.
         SECTION 6.  Section 1701.312(a), Occupations Code, is
  amended to read as follows:
         (a)  A person who has been convicted of a felony is
  disqualified to be an officer, public security officer,
  telecommunicator, or county jailer, and the commission may not
  issue a license to, and a law enforcement agency may not appoint or
  employ, the person.
         SECTION 7.  Section 1701.313(a), Occupations Code, is
  amended to read as follows:
         (a)  A person who has been convicted of barratry under
  Section 38.12, Penal Code, is disqualified to be an officer,
  telecommunicator, or county jailer, and the commission may not
  issue a license to the person.
         SECTION 8.  Section 1701.352, Occupations Code, is amended
  by adding Subsection (h) to read as follows:
         (h)  The commission shall require a state, county, special
  district, or municipal agency that employs telecommunicators to
  provide each telecommunicator with 24 hours of crisis
  communications instruction approved by the commission.  The
  instruction must be provided on or before the first anniversary of
  the telecommunicator's first day of employment.
         SECTION 9.  Section 1701.402(b), Occupations Code, is
  amended to read as follows:
         (b)  As a requirement for a basic proficiency certificate,
  the commission shall require completion of local courses or
  programs of instruction on federal and state statutes that relate
  to employment issues affecting peace officers, telecommunicators,
  and county jailers, including:
               (1)  civil service;
               (2)  compensation, including overtime compensation,
  and vacation time;
               (3)  personnel files and other employee records;
               (4)  management-employee relations in law enforcement
  organizations;
               (5)  work-related injuries;
               (6)  complaints and investigations of employee
  misconduct; and
               (7)  disciplinary actions and the appeal of
  disciplinary actions.
         SECTION 10.  Section 1701.405(b), Occupations Code, is
  amended to read as follows:
         (b)  This state or a political subdivision of this state may
  not [appoint or] employ a person to act as a telecommunicator unless
  the person:
               (1)  has had at least 40 hours of telecommunicator
  training as determined by the commission;
               (2)  is at least 18 years of age; and
               (3)  holds a high school diploma or high school
  equivalency certificate.
         SECTION 11.  Section 1701.553(a), Occupations Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person appoints,
  employs, or retains an individual as an officer, public security
  officer, telecommunicator, or county jailer in violation of Section
  1701.312 or 1701.313.
         SECTION 12.  Sections 1701.405(a)(1) and (3) and
  1701.405(e), Occupations Code, are repealed.
         SECTION 13.  (a)  Not later than December 1, 2011, the Texas
  Commission on Law Enforcement Officer Standards and Education shall
  adopt rules as necessary to implement the changes in law made by
  this Act to Chapter 1701, Occupations Code.
         (b)  The changes in law made by this Act to Sections
  1701.312, 1701.313, and 1701.405(b), Occupations Code, apply only
  to a person first employed as a telecommunicator on or after
  September 1, 2011. A person first employed as a telecommunicator
  before September 1, 2011, is subject to the law in effect at the
  time the employment commenced, and the former law is continued in
  effect for that purpose.
         SECTION 14.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3823 was passed by the House on April
  26, 2011, by the following vote:  Yeas 146, Nays 2, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3823 was passed by the Senate on May
  24, 2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor