S.B. No. 542
 
 
 
 
AN ACT
  relating to the regulation of law enforcement officers by the
  Commission on Law Enforcement Officer Standards and Education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (c), Section 1701.055, Occupations
  Code, is amended to read as follows:
         (c)  Five members[, excluding ex officio members,]
  constitute a quorum.
         SECTION 2.  Subsections (a) and (b), Section 1701.306,
  Occupations Code, are amended to read as follows:
         (a)  The commission may not issue a license to a person [as an
  officer or county jailer] unless the person is examined by:
               (1)  a licensed psychologist or by a psychiatrist who
  declares in writing that the person is in satisfactory
  psychological and emotional health to serve as the type of officer
  for which a license is sought; and
               (2)  a licensed physician who declares in writing that
  the person does not show any trace of drug dependency or illegal
  drug use after a [physical examination,] blood test[,] or other
  medical test.
         (b)  An agency hiring a person for whom a license [as an
  officer or county jailer] is sought shall select the examining
  physician and the examining psychologist or psychiatrist. The
  agency shall prepare a report of each declaration required by
  Subsection (a) and shall maintain a copy of the report on file in a
  format readily accessible to the commission. A declaration is not
  public information.
         SECTION 3.  Subsection (e), Section 1701.310, Occupations
  Code, is amended to read as follows:
         (e)  A person trained and certified by the Texas Department
  of Criminal Justice to serve as a corrections officer in that
  agency's correctional institutions division is not required to
  complete the training requirements of this section to be appointed
  a part-time county jailer.  Examinations under Section 1701.304 and
  psychological [and physical] examinations under Section 1701.306
  apply.
         SECTION 4.  Section 1701.353, Occupations Code, is amended
  to read as follows:
         Sec. 1701.353.  CONTINUING EDUCATION PROCEDURES. (a)  The
  commission by rule shall adopt procedures to:
               (1)  ensure the timely and accurate reporting by
  agencies and persons licensed under this chapter [peace officers]
  of information related to training programs offered under this
  subchapter, including procedures for creating training records for
  license holders [individual peace officers]; and
               (2)  provide adequate notice to agencies and license
  holders [peace officers] of impending noncompliance with the
  training requirements of this subchapter so that the agencies and
  license holders [peace officers] may comply within the 24-month
  period or 48-month period, as appropriate.
         (b)  The commission shall require agencies to report to the
  commission in a timely manner the reasons that a license holder
  [peace officer] is in noncompliance after the agency receives
  notice by the commission of the license holder's [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 license holder [peace
  officer] by certified mail of the reasons the license holder [peace
  officer] is in noncompliance and that the commission at the request
  of the license holder [peace officer] will hold a hearing as
  provided by this subsection if the license holder [peace officer]
  fails to obtain the required training within 60 days after the date
  the license holder [peace officer] receives notice under this
  subsection.  The commission shall conduct a hearing consistent with
  Section 1701.504 if the license holder [peace officer] claims that:
               (1)  mitigating circumstances exist; or
               (2)  the license holder [peace officer] failed to
  complete the required training because the license holder's [peace
  officer's] employing agency did not provide an adequate opportunity
  for the license holder [peace officer] to attend the required
  training course.
         SECTION 5.  Subchapter H, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.358 to read as follows:
         Sec. 1701.358.  INITIAL TRAINING AND CONTINUING EDUCATION
  FOR POLICE CHIEFS. A police chief shall complete the initial
  training and continuing education required under Section 96.641,
  Education Code.
         SECTION 6.  Subsection (d), Section 1701.055, Occupations
  Code, is repealed.
         SECTION 7.  The changes in law made by this Act to Section
  1701.306, Occupations Code, apply to a license for which an
  application is filed on or after the effective date of this Act. A
  license application filed before the effective date of this Act is
  governed by the law in effect on the date the application was filed,
  and the former law is continued in effect for that purpose.
         SECTION 8.  This Act takes effect September 1, 2011.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 542 passed the Senate on
  March 24, 2011, by the following vote:  Yeas 31, Nays 0;
  May 27, 2011, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 28, 2011, House
  granted request of the Senate; May 29, 2011, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 542 passed the House, with
  amendments, on May 24, 2011, by the following vote:  Yeas 147,
  Nays 0, two present not voting; May 28, 2011, House granted request
  of the Senate for appointment of Conference Committee;
  May 29, 2011, House adopted Conference Committee Report by the
  following vote:  Yeas 147, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor