|  | 
      
        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to the change of the name of the Commission on Law | 
      
        |  | Enforcement Officer Standards and Education to the Texas Commission | 
      
        |  | on Law Enforcement. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | ARTICLE 1.  CHANGING THE NAME OF THE COMMISSION ON LAW ENFORCEMENT | 
      
        |  | OFFICER STANDARDS AND EDUCATION TO THE TEXAS COMMISSION ON LAW | 
      
        |  | ENFORCEMENT | 
      
        |  | SECTION 1.01.  Subdivision (1), Section 1701.001, | 
      
        |  | Occupations Code, is amended to read as follows: | 
      
        |  | (1)  "Commission" means the Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education]. | 
      
        |  | SECTION 1.02.  Section 1701.002, Occupations Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 1701.002.  APPLICATION OF SUNSET ACT.  The Texas | 
      
        |  | Commission on Law Enforcement [ Officer Standards and Education] is | 
      
        |  | subject to Chapter 325, Government Code (Texas Sunset Act).  Unless | 
      
        |  | continued in existence as provided by that chapter, the commission | 
      
        |  | is abolished and this chapter expires September 1, 2021. | 
      
        |  | SECTION 1.03.  Subchapter A, Chapter 1701, Occupations Code, | 
      
        |  | is amended by adding Section 1701.004 to read as follows: | 
      
        |  | Sec. 1701.004.  REFERENCE TO COMMISSION ON LAW ENFORCEMENT | 
      
        |  | OFFICER STANDARDS AND EDUCATION.  A reference in law to the | 
      
        |  | Commission on Law Enforcement Officer Standards and Education or | 
      
        |  | the Texas Commission on Law Enforcement Officer Standards and | 
      
        |  | Education means the Texas Commission on Law Enforcement. | 
      
        |  | SECTION 1.04.  The heading to Subchapter B, Chapter 1701, | 
      
        |  | Occupations Code, is amended to read as follows: | 
      
        |  | SUBCHAPTER B.  TEXAS COMMISSION ON LAW ENFORCEMENT [ OFFICER  | 
      
        |  | STANDARDS AND EDUCATION] | 
      
        |  | SECTION 1.05.  Subsection (a), Section 1701.051, | 
      
        |  | Occupations Code, is amended to read as follows: | 
      
        |  | (a)  The Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education] is an agency of this state and consists of | 
      
        |  | nine members appointed by the governor with the advice and consent | 
      
        |  | of the senate as follows: | 
      
        |  | (1)  three members who are sheriffs, constables, or | 
      
        |  | chiefs of police; | 
      
        |  | (2)  three members who: | 
      
        |  | (A)  are licensed under this chapter, two of whom | 
      
        |  | are peace officers who, at the time of appointment, hold | 
      
        |  | nonsupervisory positions with a law enforcement agency; and | 
      
        |  | (B)  have been licensed under this chapter for the | 
      
        |  | five years preceding the date of appointment; and | 
      
        |  | (3)  three members who represent the public. | 
      
        |  | ARTICLE 2.  CONFORMING AMENDMENTS | 
      
        |  | SECTION 2.01.  Article 2.12, Code of Criminal Procedure, is | 
      
        |  | amended to read as follows: | 
      
        |  | Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace | 
      
        |  | officers: | 
      
        |  | (1)  sheriffs, their deputies, and those reserve | 
      
        |  | deputies who hold a permanent peace officer license issued under | 
      
        |  | Chapter 1701, Occupations Code; | 
      
        |  | (2)  constables, deputy constables, and those reserve | 
      
        |  | deputy constables who hold a permanent peace officer license issued | 
      
        |  | under Chapter 1701, Occupations Code; | 
      
        |  | (3)  marshals or police officers of an incorporated | 
      
        |  | city, town, or village, and those reserve municipal police officers | 
      
        |  | who hold a permanent peace officer license issued under Chapter | 
      
        |  | 1701, Occupations Code; | 
      
        |  | (4)  rangers and officers commissioned by the Public | 
      
        |  | Safety Commission and the Director of the Department of Public | 
      
        |  | Safety; | 
      
        |  | (5)  investigators of the district attorneys', criminal | 
      
        |  | district attorneys', and county attorneys' offices; | 
      
        |  | (6)  law enforcement agents of the Texas Alcoholic | 
      
        |  | Beverage Commission; | 
      
        |  | (7)  each member of an arson investigating unit | 
      
        |  | commissioned by a city, a county, or the state; | 
      
        |  | (8)  officers commissioned under Section 37.081, | 
      
        |  | Education Code, or Subchapter E, Chapter 51, Education Code; | 
      
        |  | (9)  officers commissioned by the General Services | 
      
        |  | Commission; | 
      
        |  | (10)  law enforcement officers commissioned by the | 
      
        |  | Parks and Wildlife Commission; | 
      
        |  | (11)  airport police officers commissioned by a city | 
      
        |  | with a population of more than 1.18 million located primarily in a | 
      
        |  | county with a population of 2 million or more that operates an | 
      
        |  | airport that serves commercial air carriers; | 
      
        |  | (12)  airport security personnel commissioned as peace | 
      
        |  | officers by the governing body of any political subdivision of this | 
      
        |  | state, other than a city described by Subdivision (11), that | 
      
        |  | operates an airport that serves commercial air carriers; | 
      
        |  | (13)  municipal park and recreational patrolmen and | 
      
        |  | security officers; | 
      
        |  | (14)  security officers and investigators commissioned | 
      
        |  | as peace officers by the comptroller; | 
      
        |  | (15)  officers commissioned by a water control and | 
      
        |  | improvement district under Section 49.216, Water Code; | 
      
        |  | (16)  officers commissioned by a board of trustees | 
      
        |  | under Chapter 54, Transportation Code; | 
      
        |  | (17)  investigators commissioned by the Texas Medical | 
      
        |  | Board; | 
      
        |  | (18)  officers commissioned by: | 
      
        |  | (A)  the board of managers of the Dallas County | 
      
        |  | Hospital District, the Tarrant County Hospital District, the Bexar | 
      
        |  | County Hospital District, or the El Paso County Hospital District | 
      
        |  | under Section 281.057, Health and Safety Code; and | 
      
        |  | (B)  the board of directors of the Ector County | 
      
        |  | Hospital District under Section 1024.117, Special District Local | 
      
        |  | Laws Code; | 
      
        |  | (19)  county park rangers commissioned under | 
      
        |  | Subchapter E, Chapter 351, Local Government Code; | 
      
        |  | (20)  investigators employed by the Texas Racing | 
      
        |  | Commission; | 
      
        |  | (21)  officers commissioned under Chapter 554, | 
      
        |  | Occupations Code; | 
      
        |  | (22)  officers commissioned by the governing body of a | 
      
        |  | metropolitan rapid transit authority under Section 451.108, | 
      
        |  | Transportation Code, or by a regional transportation authority | 
      
        |  | under Section 452.110, Transportation Code; | 
      
        |  | (23)  investigators commissioned by the attorney | 
      
        |  | general under Section 402.009, Government Code; | 
      
        |  | (24)  security officers and investigators commissioned | 
      
        |  | as peace officers under Chapter 466, Government Code; | 
      
        |  | (25)  an officer employed by the Department of State | 
      
        |  | Health Services under Section 431.2471, Health and Safety Code; | 
      
        |  | (26)  officers appointed by an appellate court under | 
      
        |  | Subchapter F, Chapter 53, Government Code; | 
      
        |  | (27)  officers commissioned by the state fire marshal | 
      
        |  | under Chapter 417, Government Code; | 
      
        |  | (28)  an investigator commissioned by the commissioner | 
      
        |  | of insurance under Section 701.104, Insurance Code; | 
      
        |  | (29)  apprehension specialists and inspectors general | 
      
        |  | commissioned by the Texas Juvenile Justice Department as officers | 
      
        |  | under Sections 242.102 and 243.052, Human Resources Code; | 
      
        |  | (30)  officers appointed by the inspector general of | 
      
        |  | the Texas Department of Criminal Justice under Section 493.019, | 
      
        |  | Government Code; | 
      
        |  | (31)  investigators commissioned by the Texas | 
      
        |  | Commission on Law Enforcement [ Officer Standards and Education] | 
      
        |  | under Section 1701.160, Occupations Code; | 
      
        |  | (32)  commission investigators commissioned by the | 
      
        |  | Texas Private Security Board under Section 1702.061(f), | 
      
        |  | Occupations Code; | 
      
        |  | (33)  the fire marshal and any officers, inspectors, or | 
      
        |  | investigators commissioned by an emergency services district under | 
      
        |  | Chapter 775, Health and Safety Code; | 
      
        |  | (34)  officers commissioned by the State Board of | 
      
        |  | Dental Examiners under Section 254.013, Occupations Code, subject | 
      
        |  | to the limitations imposed by that section; | 
      
        |  | (35)  investigators commissioned by the Texas Juvenile | 
      
        |  | Justice Department as officers under Section 221.011, Human | 
      
        |  | Resources Code; and | 
      
        |  | (36)  the fire marshal and any related officers, | 
      
        |  | inspectors, or investigators commissioned by a county under | 
      
        |  | Subchapter B, Chapter 352, Local Government Code. | 
      
        |  | SECTION 2.02.  Subsection (e), Article 2.121, Code of | 
      
        |  | Criminal Procedure, is amended to read as follows: | 
      
        |  | (e)  A person may not serve as a railroad peace officer for a | 
      
        |  | railroad company unless: | 
      
        |  | (1)  the Texas Railroad Association submits the | 
      
        |  | person's application for appointment and certification as a | 
      
        |  | railroad peace officer to the director of the Department of Public | 
      
        |  | Safety and to the executive director of the Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education]; | 
      
        |  | (2)  the director of the department issues the person a | 
      
        |  | certificate of authority to act as a railroad peace officer; and | 
      
        |  | (3)  the executive director of the commission | 
      
        |  | determines that the person meets minimum standards required of | 
      
        |  | peace officers by the commission relating to competence, | 
      
        |  | reliability, education, training, morality, and physical and | 
      
        |  | mental health and issues the person a license as a railroad peace | 
      
        |  | officer; and | 
      
        |  | (4)  the person has met all standards for certification | 
      
        |  | as a peace officer by the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education]. | 
      
        |  | SECTION 2.03.  Subsection (e), Article 2.125, Code of | 
      
        |  | Criminal Procedure, is amended to read as follows: | 
      
        |  | (e)  A person may not serve as a special ranger unless: | 
      
        |  | (1)  the Texas and Southwestern Cattle Raisers | 
      
        |  | Association submits the person's application for appointment and | 
      
        |  | certification as a special ranger to the director of the Department | 
      
        |  | of Public Safety and to the executive director of the Texas | 
      
        |  | Commission on Law Enforcement [ Officer Standards and Education]; | 
      
        |  | (2)  the director of the department issues the person a | 
      
        |  | certificate of authority to act as a special ranger; | 
      
        |  | (3)  the executive director of the commission | 
      
        |  | determines that the person meets minimum standards required of | 
      
        |  | peace officers by the commission relating to competence, | 
      
        |  | reliability, education, training, morality, and physical and | 
      
        |  | mental health and issues the person a license as a special ranger; | 
      
        |  | and | 
      
        |  | (4)  the person has met all standards for certification | 
      
        |  | as a peace officer by the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education]. | 
      
        |  | SECTION 2.04.  Subsection (e), Article 2.126, Code of | 
      
        |  | Criminal Procedure, is amended to read as follows: | 
      
        |  | (e)  Any person commissioned under this article must: | 
      
        |  | (1)  meet the minimum standards required of peace | 
      
        |  | officers by the commission relating to competence, reliability, | 
      
        |  | education, training, morality, and physical and mental health; and | 
      
        |  | (2)  meet all standards for certification as a peace | 
      
        |  | officer by the Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education]. | 
      
        |  | SECTION 2.05.  Subsections (b) and (g), Article 2.132, Code | 
      
        |  | of Criminal Procedure, are amended to read as follows: | 
      
        |  | (b)  Each law enforcement agency in this state shall adopt a | 
      
        |  | detailed written policy on racial profiling.  The policy must: | 
      
        |  | (1)  clearly define acts constituting racial | 
      
        |  | profiling; | 
      
        |  | (2)  strictly prohibit peace officers employed by the | 
      
        |  | agency from engaging in racial profiling; | 
      
        |  | (3)  implement a process by which an individual may | 
      
        |  | file a complaint with the agency if the individual believes that a | 
      
        |  | peace officer employed by the agency has engaged in racial | 
      
        |  | profiling with respect to the individual; | 
      
        |  | (4)  provide public education relating to the agency's | 
      
        |  | complaint process; | 
      
        |  | (5)  require appropriate corrective action to be taken | 
      
        |  | against a peace officer employed by the agency who, after an | 
      
        |  | investigation, is shown to have engaged in racial profiling in | 
      
        |  | violation of the agency's policy adopted under this article; | 
      
        |  | (6)  require collection of information relating to | 
      
        |  | motor vehicle stops in which a citation is issued and to arrests | 
      
        |  | made as a result of those stops, including information relating to: | 
      
        |  | (A)  the race or ethnicity of the individual | 
      
        |  | detained; | 
      
        |  | (B)  whether a search was conducted and, if so, | 
      
        |  | whether the individual detained consented to the search; and | 
      
        |  | (C)  whether the peace officer knew the race or | 
      
        |  | ethnicity of the individual detained before detaining that | 
      
        |  | individual; and | 
      
        |  | (7)  require the chief administrator of the agency, | 
      
        |  | regardless of whether the administrator is elected, employed, or | 
      
        |  | appointed, to submit an annual report of the information collected | 
      
        |  | under Subdivision (6) to: | 
      
        |  | (A)  the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education]; and | 
      
        |  | (B)  the governing body of each county or | 
      
        |  | municipality served by the agency, if the agency is an agency of a | 
      
        |  | county, municipality, or other political subdivision of the state. | 
      
        |  | (g)  On a finding by the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education] that the chief administrator of a | 
      
        |  | law enforcement agency intentionally failed to submit a report | 
      
        |  | required under Subsection (b)(7), the commission shall begin | 
      
        |  | disciplinary procedures against the chief administrator. | 
      
        |  | SECTION 2.06.  Subsections (b), (e), and (g), Article 2.134, | 
      
        |  | Code of Criminal Procedure, are amended to read as follows: | 
      
        |  | (b)  A law enforcement agency shall compile and analyze the | 
      
        |  | information contained in each report received by the agency under | 
      
        |  | Article 2.133.  Not later than March 1 of each year, each law | 
      
        |  | enforcement agency shall submit a report containing the | 
      
        |  | incident-based data compiled during the previous calendar year to | 
      
        |  | the Texas Commission on Law Enforcement [ Officer Standards and  | 
      
        |  | Education] and, if the law enforcement agency is a local law | 
      
        |  | enforcement agency, to the governing body of each county or | 
      
        |  | municipality served by the agency. | 
      
        |  | (e)  The Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education], in accordance with Section 1701.162, | 
      
        |  | Occupations Code, shall develop guidelines for compiling and | 
      
        |  | reporting information as required by this article. | 
      
        |  | (g)  On a finding by the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education] that the chief administrator of a | 
      
        |  | law enforcement agency intentionally failed to submit a report | 
      
        |  | required under Subsection (b), the commission shall begin | 
      
        |  | disciplinary procedures against the chief administrator. | 
      
        |  | SECTION 2.07.  Subsection (m), Article 15.27, Code of | 
      
        |  | Criminal Procedure, is amended to read as follows: | 
      
        |  | (m)  If the superintendent of a school district in which the | 
      
        |  | student is enrolled learns of a failure of the head of a law | 
      
        |  | enforcement agency or a person designated by the head of the agency | 
      
        |  | to provide a notification under Subsection (a), the superintendent | 
      
        |  | or principal shall report the failure to notify to the Texas | 
      
        |  | Commission on Law Enforcement [ Officer Standards and Education]. | 
      
        |  | SECTION 2.08.  Subdivision (23), Section 1, Article 18.20, | 
      
        |  | Code of Criminal Procedure, is amended to read as follows: | 
      
        |  | (23)  "Member of a law enforcement unit specially | 
      
        |  | trained to respond to and deal with life-threatening situations" | 
      
        |  | means a peace officer who, as evidenced by the submission of | 
      
        |  | appropriate documentation to the Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education]: | 
      
        |  | (A)  receives a minimum of 40 hours a year of | 
      
        |  | training in hostage and barricade suspect situations; or | 
      
        |  | (B)  has received a minimum of 24 hours of | 
      
        |  | training on kidnapping investigations and is: | 
      
        |  | (i)  the sheriff of a county with a | 
      
        |  | population of 3.3 million or more or the sheriff's designee; or | 
      
        |  | (ii)  the police chief of a police | 
      
        |  | department in a municipality with a population of 500,000 or more or | 
      
        |  | the police chief's designee. | 
      
        |  | SECTION 2.09.  Article 42.011, Code of Criminal Procedure, | 
      
        |  | is amended to read as follows: | 
      
        |  | Art. 42.011.  JUDGMENT AFFECTING AN OFFICER OR JAILER.  If a | 
      
        |  | person licensed under Chapter 1701, Occupations [ 415, Government] | 
      
        |  | Code, is charged with the commission of a felony and a court that | 
      
        |  | knows the person is licensed under that chapter convicts the person | 
      
        |  | or places the person on community supervision, the clerk of the | 
      
        |  | court shall send the Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education], by mail or electronically, the license | 
      
        |  | number of the person and a certified copy of the court's judgment | 
      
        |  | reflecting that the person has been convicted or placed on | 
      
        |  | community supervision. | 
      
        |  | SECTION 2.10.  Subsection (h), Article 102.022, Code of | 
      
        |  | Criminal Procedure, is amended to read as follows: | 
      
        |  | (h)  The comptroller shall deposit the funds received under | 
      
        |  | this article to the credit of the Civil Justice Data Repository fund | 
      
        |  | in the general revenue fund, to be used only by the Texas Commission | 
      
        |  | on Law Enforcement [ Officer Standards and Education] to implement | 
      
        |  | duties under Section 1701.162, Occupations Code. | 
      
        |  | SECTION 2.11.  Subsections (f) and (h), Section 37.081, | 
      
        |  | Education Code, are amended to read as follows: | 
      
        |  | (f)  The chief of police of the school district police | 
      
        |  | department shall be accountable to the superintendent and shall | 
      
        |  | report to the superintendent or the superintendent's designee. | 
      
        |  | School district police officers shall be supervised by the chief of | 
      
        |  | police of the school district or the chief of police's designee and | 
      
        |  | shall be licensed by the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education]. | 
      
        |  | (h)  A peace officer assigned to duty and commissioned under | 
      
        |  | this section shall take and file the oath required of peace officers | 
      
        |  | and shall execute and file a bond in the sum of $1,000, payable to | 
      
        |  | the board of trustees, with two or more sureties, conditioned that | 
      
        |  | the peace officer will fairly, impartially, and faithfully perform | 
      
        |  | all the duties that may be required of the peace officer by law.  The | 
      
        |  | bond may be sued on in the name of any person injured until the whole | 
      
        |  | amount of the bond is recovered.  Any peace officer commissioned | 
      
        |  | under this section must meet all minimum standards for peace | 
      
        |  | officers established by the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education]. | 
      
        |  | SECTION 2.12.  Subsection (e), Section 51.203, Education | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (e)  Any person commissioned under this Act must be a | 
      
        |  | certified police officer under the requirements of the Texas | 
      
        |  | Commission on Law Enforcement [ Officers and Standards]. | 
      
        |  | SECTION 2.13.  Subsection (f), Section 51.214, Education | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (f)  A person may not be commissioned under this section | 
      
        |  | unless the person obtains a peace officer license issued by the | 
      
        |  | Texas Commission on Law Enforcement [ Officer Standards and  | 
      
        |  | Education].  The employing medical corporation or parent | 
      
        |  | corporation shall pay to the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education] on behalf of an employee any fees | 
      
        |  | that are necessary to obtain a required license. | 
      
        |  | SECTION 2.14.  Subsection (g), Section 54.352, Education | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (g)  In this section, "injury suffered during the | 
      
        |  | performance of a duty as a peace officer" means an injury occurring | 
      
        |  | as a result of the peace officer's performance of any of the | 
      
        |  | following law enforcement duties: | 
      
        |  | (1)  traffic enforcement or traffic control duties, | 
      
        |  | including enforcement of traffic laws, investigation of vehicle | 
      
        |  | accidents, or directing traffic; | 
      
        |  | (2)  pursuit, arrest, or search of a person reasonably | 
      
        |  | believed to have violated a law; | 
      
        |  | (3)  investigation, including undercover | 
      
        |  | investigation, of a criminal act; | 
      
        |  | (4)  patrol duties, including automobile, bicycle, | 
      
        |  | foot, air, or horse patrol; | 
      
        |  | (5)  duties related to the transfer of prisoners; or | 
      
        |  | (6)  training duties, including participation in any | 
      
        |  | training required by the officer's employer or supervisor or by the | 
      
        |  | Texas Commission on Law Enforcement [ Officer Standards and  | 
      
        |  | Education]. | 
      
        |  | SECTION 2.15.  Section 88.103, Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 88.103.  ENFORCEMENT; APPOINTMENT OF PEACE OFFICERS. | 
      
        |  | The director may appoint not to exceed 25 employees of the Texas | 
      
        |  | Forest Service who are certified by the Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education] as qualified to be | 
      
        |  | peace officers to serve as peace officers under the direction of the | 
      
        |  | director in executing the enforcement duties of that agency.  The | 
      
        |  | appointments must be approved by the board which shall commission | 
      
        |  | the appointees as peace officers.  Any officer commissioned under | 
      
        |  | this section is vested with all the powers, privileges, and | 
      
        |  | immunities of peace officers in the performance of the officer's | 
      
        |  | duties.  The officer shall take the oath required of peace officers. | 
      
        |  | SECTION 2.16.  Subsections (a), (b), and (d), Section | 
      
        |  | 96.641, Education Code, are amended to read as follows: | 
      
        |  | (a)  The Bill Blackwood Law Enforcement Management Institute | 
      
        |  | of Texas shall establish and offer a program of initial training and | 
      
        |  | a program of continuing education for police chiefs.  The | 
      
        |  | curriculum for each program must relate to law enforcement | 
      
        |  | management issues.  The institute shall develop the curriculum for | 
      
        |  | the programs.  The curriculum must be approved by the Texas | 
      
        |  | Commission on Law Enforcement [ Officer Standards and Education]. | 
      
        |  | (b)  Each police chief must receive at least 40 hours of | 
      
        |  | continuing education provided by the institute under this section | 
      
        |  | each 24-month period.  The Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education] by rule shall establish a uniform | 
      
        |  | 24-month continuing education training period. | 
      
        |  | (d)  A newly appointed or elected police chief shall complete | 
      
        |  | the initial training program for new chiefs not later than the | 
      
        |  | second anniversary of that individual's appointment or election as | 
      
        |  | chief.  The initial training program for new chiefs is in addition | 
      
        |  | to the initial training and continuing education required by | 
      
        |  | Chapter 1701, Occupations Code.  The Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education] by rule shall | 
      
        |  | establish that the first continuing education training period for | 
      
        |  | an individual under Subsection (b) begins on the first day of the | 
      
        |  | first uniform continuing education training period that follows the | 
      
        |  | date the individual completed the initial training program. | 
      
        |  | SECTION 2.17.  Subsection (f), Section 32.075, Election | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (f)  A person is eligible for appointment as a special peace | 
      
        |  | officer under Subsection (b) only if the person is licensed as a | 
      
        |  | peace officer by the Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education]. | 
      
        |  | SECTION 2.18.  Subsection (j), Section 25.1312, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (j)  Not later than one year after the date of appointment, | 
      
        |  | the bailiff of a statutory county court must have received a peace | 
      
        |  | officer license under Chapter 1701, Occupations Code, [ 415] from | 
      
        |  | the Texas Commission on Law Enforcement [ Officer Standards and  | 
      
        |  | Education].  The sheriff of Kaufman County shall deputize the | 
      
        |  | bailiff of a statutory county court.  The bailiff of a statutory | 
      
        |  | county court is subject to the training and continuing education | 
      
        |  | requirements of a sheriff's deputy of the county.  The sheriff shall | 
      
        |  | remove from office a bailiff who does not receive a peace officer | 
      
        |  | license within one year of appointment as required by this | 
      
        |  | subsection. | 
      
        |  | SECTION 2.19.  Subsection (j), Section 25.2012, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (j)  Not later than one year after the date of appointment, | 
      
        |  | the bailiff of a county court at law must obtain a peace officer | 
      
        |  | license under Chapter 1701, Occupations Code, from the Texas | 
      
        |  | Commission on Law Enforcement [ Officer Standards and Education]. | 
      
        |  | The sheriff of Rockwall County shall deputize the bailiff of a | 
      
        |  | county court at law.  The bailiff of a county court at law is subject | 
      
        |  | to the training and continuing education requirements of a | 
      
        |  | sheriff's deputy of the county.  The sheriff shall remove from | 
      
        |  | office a bailiff who does not receive a peace officer license within | 
      
        |  | one year of appointment as required by this subsection. | 
      
        |  | SECTION 2.20.  Subsection (e), Section 53.004, Government | 
      
        |  | Code, as amended by Chapters 385 (H.B. 1252) and 430 (H.B. 1108), | 
      
        |  | Acts of the 73rd Legislature, Regular Session, 1993, is reenacted | 
      
        |  | and amended to read as follows: | 
      
        |  | (e)  To be eligible to be appointed bailiff in a district | 
      
        |  | court in Midland County, for the 355th District Court, or under | 
      
        |  | Section 53.001(g), a person must be at least 21 years old and hold a | 
      
        |  | peace officer license under Chapter 1701, Occupations Code, [ 415] | 
      
        |  | from the Texas Commission on Law Enforcement [ Officer Standards and  | 
      
        |  | Education].  This subsection does not apply to a person serving as | 
      
        |  | bailiff of a court described by Section 53.001(g) on September 1, | 
      
        |  | 1991. | 
      
        |  | SECTION 2.21.  Subsection (c), Section 53.091, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (c)  A person may not be commissioned as a peace officer | 
      
        |  | under this section unless the person meets all standards for | 
      
        |  | licensing as a peace officer by the Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education]. | 
      
        |  | SECTION 2.22.  Section 76.0051, Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 76.0051.  AUTHORIZATION TO CARRY WEAPON.  An officer is | 
      
        |  | authorized to carry a weapon while engaged in the actual discharge | 
      
        |  | of the officer's duties only if: | 
      
        |  | (1)  the officer possesses a certificate of firearms | 
      
        |  | proficiency issued by the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education] under Section 1701.257, | 
      
        |  | Occupations Code; and | 
      
        |  | (2)  the director of the department agrees to the | 
      
        |  | authorization. | 
      
        |  | SECTION 2.23.  Section 411.112, Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 411.112.  ACCESS TO CRIMINAL HISTORY RECORD | 
      
        |  | INFORMATION:  TEXAS COMMISSION ON LAW ENFORCEMENT [ OFFICER  | 
      
        |  | STANDARDS AND EDUCATION].  The Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education] is entitled to obtain from the | 
      
        |  | department criminal history record information maintained by the | 
      
        |  | department that relates to a person who is: | 
      
        |  | (1)  an applicant for a license under Chapter 1701, | 
      
        |  | Occupations Code; or | 
      
        |  | (2)  the holder of a license under that chapter. | 
      
        |  | SECTION 2.24.  Subsection (a), Section 411.1882, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (a)  A person who is serving in this state as a judge or | 
      
        |  | justice of a federal court, as an active judicial officer, as | 
      
        |  | defined by Section 411.201, or as a district attorney, assistant | 
      
        |  | district attorney, criminal district attorney, assistant criminal | 
      
        |  | district attorney, county attorney, or assistant county attorney | 
      
        |  | may establish handgun proficiency for the purposes of this | 
      
        |  | subchapter by obtaining from a handgun proficiency instructor | 
      
        |  | approved by the Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education] for purposes of Section 1702.1675, | 
      
        |  | Occupations Code, a sworn statement that: | 
      
        |  | (1)  indicates that the person, during the 12-month | 
      
        |  | period preceding the date of the person's application to the | 
      
        |  | department, demonstrated to the instructor proficiency in the use | 
      
        |  | of handguns; and | 
      
        |  | (2)  designates the categories of handguns with respect | 
      
        |  | to which the person demonstrated proficiency. | 
      
        |  | SECTION 2.25.  Subsection (a), Section 411.190, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (a)  The director may certify as a qualified handgun | 
      
        |  | instructor a person who: | 
      
        |  | (1)  is certified by the Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education] or under Chapter | 
      
        |  | 1702, Occupations Code, to instruct others in the use of handguns; | 
      
        |  | (2)  regularly instructs others in the use of handguns | 
      
        |  | and has graduated from a handgun instructor school that uses a | 
      
        |  | nationally accepted course designed to train persons as handgun | 
      
        |  | instructors; or | 
      
        |  | (3)  is certified by the National Rifle Association of | 
      
        |  | America as a handgun instructor. | 
      
        |  | SECTION 2.26.  Subsection (a), Section 421.021, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (a)  The Homeland Security Council is composed of the | 
      
        |  | governor or the governor's designee, the speaker of the house of | 
      
        |  | representatives or the speaker's designee, the lieutenant governor | 
      
        |  | or the lieutenant governor's designee, and one representative of | 
      
        |  | each of the following entities, appointed by the single statewide | 
      
        |  | elected or appointed governing officer, administrative head, or | 
      
        |  | chair, as appropriate, of the entity: | 
      
        |  | (1)  Department of Agriculture; | 
      
        |  | (2)  office of the attorney general; | 
      
        |  | (3)  General Land Office; | 
      
        |  | (4)  Public Utility Commission of Texas; | 
      
        |  | (5)  Department of State Health Services; | 
      
        |  | (6)  Department of Information Resources; | 
      
        |  | (7)  Department of Public Safety of the State of Texas; | 
      
        |  | (8)  Texas Division of Emergency Management; | 
      
        |  | (9)  adjutant general's department; | 
      
        |  | (10)  Texas Commission on Environmental Quality; | 
      
        |  | (11)  Railroad Commission of Texas; | 
      
        |  | (12)  Texas Strategic Military Planning Commission; | 
      
        |  | (13)  Texas Department of Transportation; | 
      
        |  | (14)  Commission on State Emergency Communications; | 
      
        |  | (15)  Office of State-Federal Relations; | 
      
        |  | (16)  secretary of state; | 
      
        |  | (17)  Senate Committee on Agriculture, Rural Affairs | 
      
        |  | [ Transportation] and Homeland Security; | 
      
        |  | (18)  House Committee on Defense and Veterans' Affairs; | 
      
        |  | (19)  Texas Animal Health Commission; | 
      
        |  | (20)  Texas Association of Regional Councils; | 
      
        |  | (21)  Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education]; | 
      
        |  | (22)  state fire marshal's office; | 
      
        |  | (23)  Texas Education Agency; | 
      
        |  | (24)  Texas Commission on Fire Protection; | 
      
        |  | (25)  Parks and Wildlife Department; | 
      
        |  | (26)  Texas Forest Service; and | 
      
        |  | (27)  Texas Water Development Board. | 
      
        |  | SECTION 2.27.  Section 493.019, Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 493.019.  ENFORCEMENT OFFICERS.  The inspector general | 
      
        |  | may appoint employees who are certified by the Texas Commission on | 
      
        |  | Law Enforcement [ Officer Standards and Education] as qualified to | 
      
        |  | be peace officers to serve under the direction of the inspector | 
      
        |  | general and assist the inspector general in performing the | 
      
        |  | enforcement duties of the department. | 
      
        |  | SECTION 2.28.  Subsection (d), Section 494.008, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (d)  An employee described by Subsection (a) may not be | 
      
        |  | considered a peace officer for any purposes other than those | 
      
        |  | specified under this section and is not required to be certified by | 
      
        |  | the Texas Commission on Law Enforcement [ Officer Standards and  | 
      
        |  | Education]. | 
      
        |  | SECTION 2.29.  Section 497.031, Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 497.031.  SALE OF STATE FLAGS TO STATE AGENCY.  The | 
      
        |  | department shall sell state flags to the Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education] at a price that does | 
      
        |  | not exceed the department's cost in producing or obtaining the | 
      
        |  | state flags. | 
      
        |  | SECTION 2.30.  Subsections (f) and (i), Section 511.0092, | 
      
        |  | Government Code, are amended to read as follows: | 
      
        |  | (f)  A county, municipality, or private vendor operating | 
      
        |  | under a contract described by Subsection (b) shall: | 
      
        |  | (1)  send a copy of the contract to the commission; | 
      
        |  | (2)  require all employees at the facility to maintain | 
      
        |  | certification as required by the Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education]; | 
      
        |  | (3)  submit to inspections by the commission; and | 
      
        |  | (4)  immediately notify the commission of any riot, | 
      
        |  | rebellion, escape, or other emergency situation occurring at the | 
      
        |  | facility. | 
      
        |  | (i)  Chapter 1702, Occupations Code, does not apply to an | 
      
        |  | employee of a facility in the actual discharge of duties as an | 
      
        |  | employee of the facility if the employee is required by Subsection | 
      
        |  | (f)(2) [ or by Section 1701.406, Occupations Code,] to maintain | 
      
        |  | certification from the Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education]. | 
      
        |  | SECTION 2.31.  Section 615.003, Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 615.003.  APPLICABILITY.  This chapter applies only to | 
      
        |  | eligible survivors of the following individuals: | 
      
        |  | (1)  an individual elected, appointed, or employed as a | 
      
        |  | peace officer by the state or a political subdivision of the state | 
      
        |  | under Article 2.12, Code of Criminal Procedure, or other law; | 
      
        |  | (2)  a paid probation officer appointed by the director | 
      
        |  | of a community supervision and corrections department who has the | 
      
        |  | duties set out in Section 76.002 and the qualifications set out in | 
      
        |  | Section 76.005, or who was appointed in accordance with prior law; | 
      
        |  | (3)  a parole officer employed by the Texas Department | 
      
        |  | of Criminal Justice who has the duties set out in Section 508.001 | 
      
        |  | and the qualifications set out in Section 508.113 or in prior law; | 
      
        |  | (4)  a paid jailer; | 
      
        |  | (5)  a member of an organized police reserve or | 
      
        |  | auxiliary unit who regularly assists peace officers in enforcing | 
      
        |  | criminal laws; | 
      
        |  | (6)  a member of the class of employees of the | 
      
        |  | correctional institutions division formally designated as | 
      
        |  | custodial personnel under Section 615.006 by the Texas Board of | 
      
        |  | Criminal Justice or its predecessor in function; | 
      
        |  | (7)  a jailer or guard of a county jail who is appointed | 
      
        |  | by the sheriff and who: | 
      
        |  | (A)  performs a security, custodial, or | 
      
        |  | supervisory function over the admittance, confinement, or | 
      
        |  | discharge of prisoners; and | 
      
        |  | (B)  is certified by the Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education]; | 
      
        |  | (8)  a juvenile correctional employee of the Texas | 
      
        |  | Juvenile Justice Department [ Youth Commission]; | 
      
        |  | (9)  an employee of the Department of Aging and | 
      
        |  | Disability Services or Department of State Health Services who: | 
      
        |  | (A)  works at the department's maximum security | 
      
        |  | unit; or | 
      
        |  | (B)  performs on-site services for the Texas | 
      
        |  | Department of Criminal Justice; | 
      
        |  | (10)  an individual who is employed by the state or a | 
      
        |  | political or legal subdivision and is subject to certification by | 
      
        |  | the Texas Commission on Fire Protection; | 
      
        |  | (11)  an individual employed by the state or a | 
      
        |  | political or legal subdivision whose principal duties are aircraft | 
      
        |  | crash and rescue fire fighting; | 
      
        |  | (12)  a member of an organized volunteer fire-fighting | 
      
        |  | unit that: | 
      
        |  | (A)  renders fire-fighting services without | 
      
        |  | remuneration; and | 
      
        |  | (B)  conducts a minimum of two drills each month, | 
      
        |  | each two hours long; | 
      
        |  | (13)  an individual who: | 
      
        |  | (A)  performs emergency medical services or | 
      
        |  | operates an ambulance; | 
      
        |  | (B)  is employed by a political subdivision of the | 
      
        |  | state or is an emergency medical services volunteer as defined by | 
      
        |  | Section 773.003, Health and Safety Code; and | 
      
        |  | (C)  is qualified as an emergency care attendant | 
      
        |  | or at a higher level of training under Section 773.046, 773.047, | 
      
        |  | 773.048, 773.049, or 773.0495, Health and Safety Code; | 
      
        |  | (14)  an individual who is employed or formally | 
      
        |  | designated as a chaplain for: | 
      
        |  | (A)  an organized volunteer fire-fighting unit or | 
      
        |  | other fire department of this state or of a political subdivision of | 
      
        |  | this state; | 
      
        |  | (B)  a law enforcement agency of this state or of a | 
      
        |  | political subdivision of this state; or | 
      
        |  | (C)  the Texas Department of Criminal Justice; or | 
      
        |  | (15)  an individual who is employed by the state or a | 
      
        |  | political subdivision of the state and who is considered by the | 
      
        |  | governmental employer to be a trainee for a position otherwise | 
      
        |  | described by this section. | 
      
        |  | SECTION 2.32.  Subsections (b) and (c), Section 615.105, | 
      
        |  | Government Code, are amended to read as follows: | 
      
        |  | (b)  On the death of an individual listed in Subsection (a), | 
      
        |  | regardless of whether the individual died as a result of a personal | 
      
        |  | injury sustained in the line of duty as a peace officer, the | 
      
        |  | individual's next of kin may receive on request a state flag from | 
      
        |  | the Texas Commission on Law Enforcement [ Officer Standards and  | 
      
        |  | Education]. | 
      
        |  | (c)  If the office of the governor is notified of the death of | 
      
        |  | an individual listed in Subsection (a) by the Texas Commission on | 
      
        |  | Law Enforcement [ Officer Standards and Education] under Section | 
      
        |  | 1701.161, Occupations Code, the office of the governor shall send | 
      
        |  | to the individual's next of kin a certificate that expresses | 
      
        |  | condolences and gratitude on behalf of the governor and the people | 
      
        |  | of Texas for the individual's service as a Texas peace officer. | 
      
        |  | SECTION 2.33.  Subsection (b), Section 659.1031, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  In this section, "eligible state employee organization" | 
      
        |  | means a state employee organization with a membership of at least | 
      
        |  | 2,000 active or retired state employees who hold or who have held | 
      
        |  | certification from the Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education]. | 
      
        |  | SECTION 2.34.  Subdivision (9), Section 811.001, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (9)  "Law enforcement officer" means a member of the | 
      
        |  | retirement system who: | 
      
        |  | (A)  has been commissioned as a law enforcement | 
      
        |  | officer by the Department of Public Safety, the Texas Alcoholic | 
      
        |  | Beverage Commission, the Parks and Wildlife Department, or the | 
      
        |  | office of inspector general at the Texas Juvenile Justice | 
      
        |  | Department [ Youth Commission]; and | 
      
        |  | (B)  is recognized as a commissioned law | 
      
        |  | enforcement officer by the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education]. | 
      
        |  | SECTION 2.35.  Section 2001.028, Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 2001.028.  NOTICE OF PROPOSED LAW ENFORCEMENT RULES. | 
      
        |  | Notice of the adoption of a proposed rule by the Commission on Jail | 
      
        |  | Standards or the Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education] that affects a law enforcement agency of | 
      
        |  | the state or of a political subdivision of the state is not | 
      
        |  | effective until the notice is: | 
      
        |  | (1)  published as required by Section 2001.023; and | 
      
        |  | (2)  mailed to each law enforcement agency that may be | 
      
        |  | affected by the proposed rule. | 
      
        |  | SECTION 2.36.  Subsection (a), Section 2054.352, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (a)  The following licensing entities shall participate in | 
      
        |  | the system established under Section 2054.353: | 
      
        |  | (1)  Texas Board of Chiropractic Examiners; | 
      
        |  | (2)  Court Reporters Certification Board; | 
      
        |  | (3)  State Board of Dental Examiners; | 
      
        |  | (4)  Texas Funeral Service Commission; | 
      
        |  | (5)  Texas Board of Professional Land Surveying; | 
      
        |  | (6)  Texas Medical Board; | 
      
        |  | (7)  Texas Board of Nursing; | 
      
        |  | (8)  Texas Optometry Board; | 
      
        |  | (9)  Department of Agriculture, for licenses issued | 
      
        |  | under Chapter 1951, Occupations Code; | 
      
        |  | (10)  Texas State Board of Pharmacy; | 
      
        |  | (11)  Executive Council of Physical Therapy and | 
      
        |  | Occupational Therapy Examiners; | 
      
        |  | (12)  Texas State Board of Plumbing Examiners; | 
      
        |  | (13)  Texas State Board of Podiatric Medical Examiners; | 
      
        |  | (14)  Texas State Board of Examiners of Psychologists; | 
      
        |  | (15)  State Board of Veterinary Medical Examiners; | 
      
        |  | (16)  Texas Real Estate Commission; | 
      
        |  | (17)  Texas Appraiser Licensing and Certification | 
      
        |  | Board; | 
      
        |  | (18)  Texas Department of Licensing and Regulation; | 
      
        |  | (19)  Texas State Board of Public Accountancy; | 
      
        |  | (20)  State Board for Educator Certification; | 
      
        |  | (21)  Texas Board of Professional Engineers; | 
      
        |  | (22)  Department of State Health Services; | 
      
        |  | (23)  Texas Board of Architectural Examiners; | 
      
        |  | (24)  Texas Racing Commission; | 
      
        |  | (25)  Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education]; and | 
      
        |  | (26)  Texas Private Security Board. | 
      
        |  | SECTION 2.37.  Subdivision (2), Section 3105.002, | 
      
        |  | Government Code, is amended to read as follows: | 
      
        |  | (2)  "Commission" means the Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education]. | 
      
        |  | SECTION 2.38.  Subsection (b), Section 431.2471, Health and | 
      
        |  | Safety Code, is amended to read as follows: | 
      
        |  | (b)  The department may not employ a peace officer under this | 
      
        |  | section unless: | 
      
        |  | (1)  the employee will enforce the food and drug | 
      
        |  | portions of this chapter; | 
      
        |  | (2)  the Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education] certifies the employee as qualified to be | 
      
        |  | a peace officer; | 
      
        |  | (3)  the commissioner recommends the employee to the | 
      
        |  | department as being qualified to enforce the food and drug laws | 
      
        |  | within the jurisdiction of the department; and | 
      
        |  | (4)  the employee also serves simultaneously as the | 
      
        |  | director of the food and drugs division of the department. | 
      
        |  | SECTION 2.39.  Subsection (e), Section 614.002, Health and | 
      
        |  | Safety Code, is amended to read as follows: | 
      
        |  | (e)  The executive head of each of the following agencies, | 
      
        |  | divisions of agencies, or associations, or that person's designated | 
      
        |  | representative, shall serve as a member of the committee: | 
      
        |  | (1)  the correctional institutions division of the | 
      
        |  | Texas Department of Criminal Justice; | 
      
        |  | (2)  the Department of State Health Services; | 
      
        |  | (3)  the parole division of the Texas Department of | 
      
        |  | Criminal Justice; | 
      
        |  | (4)  the community justice assistance division of the | 
      
        |  | Texas Department of Criminal Justice; | 
      
        |  | (5)  [ the Texas Juvenile Probation Commission; | 
      
        |  | [ (6)]  the Texas Juvenile Justice Department [Youth  | 
      
        |  | Commission]; | 
      
        |  | (6) [ (7)]  the Department of Assistive and | 
      
        |  | Rehabilitative Services; | 
      
        |  | (7) [ (8)]  the Correctional Managed Health Care | 
      
        |  | Committee; | 
      
        |  | (8) [ (9)]  the Mental Health Association in Texas; | 
      
        |  | (9) [ (10)]  the Board of Pardons and Paroles; | 
      
        |  | (10) [ (11)]  the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education]; | 
      
        |  | (11) [ (12)]  the Texas Council of Community Mental | 
      
        |  | Health and Mental Retardation Centers; | 
      
        |  | (12) [ (13)]  the Commission on Jail Standards; | 
      
        |  | (13) [ (14)]  the Texas Council for Developmental | 
      
        |  | Disabilities; | 
      
        |  | (14) [ (15)]  the Texas Association for Retarded | 
      
        |  | Citizens; | 
      
        |  | (15) [ (16)]  the National Alliance for the Mentally Ill | 
      
        |  | of Texas; | 
      
        |  | (16) [ (17)]  the Parent Association for the Retarded of | 
      
        |  | Texas, Inc.; | 
      
        |  | (17) [ (18)]  the Health and Human Services Commission; | 
      
        |  | and | 
      
        |  | (18) [ (19)]  the Department of Aging and Disability | 
      
        |  | Services. | 
      
        |  | SECTION 2.40.  Section 614.016, Health and Safety Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 614.016.  CONTINUITY OF CARE FOR CERTAIN OFFENDERS BY | 
      
        |  | LAW ENFORCEMENT AND JAILS.  (a)  The office, the Texas Commission | 
      
        |  | on Law Enforcement [ Officer Standards and Education], the bureau of | 
      
        |  | identification and records of the Department of Public Safety, and | 
      
        |  | the Commission on Jail Standards by rule shall adopt a memorandum of | 
      
        |  | understanding that establishes their respective responsibilities | 
      
        |  | to institute a continuity of care and service program for offenders | 
      
        |  | in the criminal justice system who are mentally impaired, elderly, | 
      
        |  | physically disabled, terminally ill, or significantly ill. | 
      
        |  | (b)  The memorandum of understanding must establish methods | 
      
        |  | for: | 
      
        |  | (1)  identifying offenders in the criminal justice | 
      
        |  | system who are mentally impaired, elderly, physically disabled, | 
      
        |  | terminally ill, or significantly ill; | 
      
        |  | (2)  developing procedures for the exchange of | 
      
        |  | information relating to offenders who are mentally impaired, | 
      
        |  | elderly, physically disabled, terminally ill, or significantly ill | 
      
        |  | by the office, the Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education], and the Commission on Jail Standards for | 
      
        |  | use in the continuity of care and services program; and | 
      
        |  | (3)  adopting rules and standards that assist in the | 
      
        |  | development of a continuity of care and services program for | 
      
        |  | offenders who are mentally impaired, elderly, physically disabled, | 
      
        |  | terminally ill, or significantly ill. | 
      
        |  | SECTION 2.41.  Subsection (a), Section 142.006, Human | 
      
        |  | Resources Code, is amended to read as follows: | 
      
        |  | (a)  A juvenile probation officer may carry a firearm in the | 
      
        |  | course of the officer's official duties if: | 
      
        |  | (1)  the juvenile probation officer possesses a | 
      
        |  | certificate of firearms proficiency issued by the Texas Commission | 
      
        |  | on Law Enforcement [ Officer Standards and Education] under Section | 
      
        |  | 1701.259, Occupations Code; | 
      
        |  | (2)  the chief juvenile probation officer of the | 
      
        |  | juvenile probation department that employs the juvenile probation | 
      
        |  | officer authorizes the juvenile probation officer to carry a | 
      
        |  | firearm in the course of the officer's official duties; and | 
      
        |  | (3)  the juvenile probation officer has been employed | 
      
        |  | for at least one year by the juvenile probation department | 
      
        |  | described by Subdivision (2). | 
      
        |  | SECTION 2.42.  Subsection (b), Section 221.011, Human | 
      
        |  | Resources Code, is amended to read as follows: | 
      
        |  | (b)  Peace officers employed and commissioned under | 
      
        |  | Subsection (a) must be certified by the Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education] under Chapter 1701, | 
      
        |  | Occupations Code. | 
      
        |  | SECTION 2.43.  Subsection (e), Section 242.102, Human | 
      
        |  | Resources Code, is amended to read as follows: | 
      
        |  | (e)  Peace officers employed and commissioned under | 
      
        |  | Subsection (d) must: | 
      
        |  | (1)  be certified by the Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education] under Chapter 1701, | 
      
        |  | Occupations Code; and | 
      
        |  | (2)  complete advanced courses relating to the duties | 
      
        |  | of peace officers employed and commissioned under Subsection (d) as | 
      
        |  | part of any continuing education requirements for the peace | 
      
        |  | officers. | 
      
        |  | SECTION 2.44.  Subsection (b), Section 243.052, Human | 
      
        |  | Resources Code, is amended to read as follows: | 
      
        |  | (b)  Peace officers employed and commissioned under | 
      
        |  | Subsection (a) must be certified by the Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education] under Chapter 1701, | 
      
        |  | Occupations Code. | 
      
        |  | SECTION 2.45.  Subsections (d), (e), and (f), Section | 
      
        |  | 302.017, Labor Code, are amended to read as follows: | 
      
        |  | (d)  The commission shall contract with the Texas Commission | 
      
        |  | on Law Enforcement [ Officer Standards and Education] to develop a | 
      
        |  | license verification interface to verify whether an applicant for | 
      
        |  | employment as a peace officer: | 
      
        |  | (1)  holds a current license issued by the Texas | 
      
        |  | Commission on Law Enforcement [ Officer Standards and Education] | 
      
        |  | under Chapter 1701, Occupations Code, and, if so, the level of that | 
      
        |  | license; and | 
      
        |  | (2)  has had the applicant's license revoked or | 
      
        |  | suspended by the Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education]. | 
      
        |  | (e)  The Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education] shall provide the commission with | 
      
        |  | technical assistance in the development and testing of the license | 
      
        |  | verification interface under Subsection (d). | 
      
        |  | (f)  If the development and operation of the Internet website | 
      
        |  | and the associated license verification interface is not possible | 
      
        |  | due to a lack of available funding, the commission shall: | 
      
        |  | (1)  enter into a memorandum of understanding with the | 
      
        |  | Texas Commission on Law Enforcement [ Officer Standards and  | 
      
        |  | Education] to integrate a peace officer job matching database for | 
      
        |  | individuals seeking employment as peace officers in this state and | 
      
        |  | state and local law enforcement agencies seeking applicants for | 
      
        |  | employment as peace officers into the commission's existing Labor | 
      
        |  | Exchange System; and | 
      
        |  | (2)  ensure that: | 
      
        |  | (A)  the commission registers an Internet domain | 
      
        |  | name that is unique and that identifies on its face the purpose of | 
      
        |  | the peace officer job matching database; and | 
      
        |  | (B)  the registered domain name and associated | 
      
        |  | link directs users of the Internet to a web page that instructs | 
      
        |  | users on how to use the Labor Exchange System and includes a link to | 
      
        |  | enter that system. | 
      
        |  | SECTION 2.46.  Subsection (a), Section 85.0025, Local | 
      
        |  | Government Code, is amended to read as follows: | 
      
        |  | (a)  The Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education] may require each county sheriff[,] who is | 
      
        |  | not a commissioned peace officer[ ,] to attend not more than 40 hours | 
      
        |  | of instruction in law enforcement.  The commission shall allow a | 
      
        |  | sheriff at least two but not more than four years after the date on | 
      
        |  | which the sheriff assumes office to complete the hours of | 
      
        |  | instruction. | 
      
        |  | SECTION 2.47.  Subsection (b), Section 141.009, Local | 
      
        |  | Government Code, is amended to read as follows: | 
      
        |  | (b)  In this chapter, "member of the police department" means | 
      
        |  | an employee of the police department who has been licensed as a | 
      
        |  | peace officer by the Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education]. | 
      
        |  | SECTION 2.48.  Subsection (b), Section 143.013, Local | 
      
        |  | Government Code, is amended to read as follows: | 
      
        |  | (b)  A person appointed as head of a fire department must be | 
      
        |  | eligible for certification by the Texas Commission on Fire | 
      
        |  | Protection [ Personnel Standards and Education] at the intermediate | 
      
        |  | level or its equivalent as determined by that commission and must | 
      
        |  | have served as a fully paid fire fighter for at least five years.  A | 
      
        |  | person appointed as head of a police department must be eligible for | 
      
        |  | certification by the Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education] at the intermediate level or its | 
      
        |  | equivalent as determined by that commission and must have served as | 
      
        |  | a bona fide law enforcement officer for at least five years. | 
      
        |  | SECTION 2.49.  Subsection (e), Section 143.023, Local | 
      
        |  | Government Code, is amended to read as follows: | 
      
        |  | (e)  An applicant may not be certified as eligible for a | 
      
        |  | beginning position with a police department unless the applicant | 
      
        |  | meets all legal requirements necessary to become eligible for | 
      
        |  | future licensing by the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education]. | 
      
        |  | SECTION 2.50.  Subsection (a), Section 143.027, Local | 
      
        |  | Government Code, is amended to read as follows: | 
      
        |  | (a)  A person appointed to a beginning position in the fire | 
      
        |  | or police department must serve a probationary period of one year | 
      
        |  | beginning on that person's date of employment as a fire fighter, | 
      
        |  | police officer, or academy trainee.  In a municipality with a | 
      
        |  | population of less than 1.9 million, the commission by rule may | 
      
        |  | extend the probationary period by not more than six months for a | 
      
        |  | person who: | 
      
        |  | (1)  is not employed by a department in which a | 
      
        |  | collective bargaining agreement or a meet-and-confer agreement | 
      
        |  | currently exists or previously existed; and | 
      
        |  | (2)  is required to attend a basic training academy for | 
      
        |  | initial certification by the Texas Commission on Fire Protection or | 
      
        |  | the Texas Commission on Law Enforcement [ Officer Standards and  | 
      
        |  | Education]. | 
      
        |  | SECTION 2.51.  Subsection (b), Section 143.044, Local | 
      
        |  | Government Code, is amended to read as follows: | 
      
        |  | (b)  If each fire fighter or police officer in a municipality | 
      
        |  | is afforded an opportunity to qualify for certification, the | 
      
        |  | municipality's governing body may authorize certification pay to | 
      
        |  | those fire fighters who meet the requirements for certification set | 
      
        |  | by the Texas Commission on Fire Protection [ Personnel Standards and  | 
      
        |  | Education] or for those police officers who meet the requirements | 
      
        |  | for certification set by the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education]. | 
      
        |  | SECTION 2.52.  Section 143.105, Local Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 143.105.  ELIGIBILITY FOR BEGINNING POSITION IN POLICE | 
      
        |  | DEPARTMENT.  In addition to meeting the eligibility requirements | 
      
        |  | prescribed by Section 143.023, to be certified as eligible for a | 
      
        |  | beginning position with a police department, a person must be at | 
      
        |  | least 21 years of age at the end of the probationary period and | 
      
        |  | have: | 
      
        |  | (1)  served in the United States armed forces and | 
      
        |  | received an honorable discharge; | 
      
        |  | (2)  earned at least 60 hours' credit in any area of | 
      
        |  | study at an accredited college or university, of which not more than | 
      
        |  | 12 hours' credit may be earned for training at the police officer | 
      
        |  | training academy operated or sponsored by the municipality; or | 
      
        |  | (3)  been employed full-time for at least five years as | 
      
        |  | a peace officer licensed by: | 
      
        |  | (A)  the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education]; or | 
      
        |  | (B)  an acceptable licensing entity in another | 
      
        |  | state that has law enforcement officer licensing requirements | 
      
        |  | substantially equivalent to those of Chapter 1701, Occupations | 
      
        |  | Code. | 
      
        |  | SECTION 2.53.  Subsection (a), Section 143.112, Local | 
      
        |  | Government Code, is amended to read as follows: | 
      
        |  | (a)  In this section: | 
      
        |  | (1)  "Accredited college or university" means a college | 
      
        |  | or university that is: | 
      
        |  | (A)  accredited by a nationally recognized | 
      
        |  | accrediting agency and by the state board of education in the state | 
      
        |  | in which the college or university is located; and | 
      
        |  | (B)  approved or certified by: | 
      
        |  | (i)  the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education] as teaching the core curriculum | 
      
        |  | or its equivalent in law enforcement; or | 
      
        |  | (ii)  the Texas Commission on Fire | 
      
        |  | Protection [ Personnel Standards and Education]. | 
      
        |  | (2)  "Core curriculum in law enforcement" means those | 
      
        |  | courses in law enforcement education approved by the Coordinating | 
      
        |  | Board, Texas College and University System, and the Texas | 
      
        |  | Commission on Law Enforcement [ Officer Standards and Education]. | 
      
        |  | SECTION 2.54.  Subsection (b), Section 254.023, Local | 
      
        |  | Government Code, is amended to read as follows: | 
      
        |  | (b)  The board may: | 
      
        |  | (1)  manage, control, maintain, and operate the island | 
      
        |  | property; | 
      
        |  | (2)  employ a general manager and any other officer, | 
      
        |  | employee, or representative the board considers appropriate; | 
      
        |  | (3)  prepare and adopt a budget, set charges for a | 
      
        |  | service or facility, authorize an expenditure, and manage and | 
      
        |  | control the income and revenue of the island property; | 
      
        |  | (4)  determine policies and adopt rules and procedures | 
      
        |  | for the operation of the island property; | 
      
        |  | (5)  acquire property or an interest in property to | 
      
        |  | accomplish the purposes of this chapter and construct an | 
      
        |  | improvement or facility on the property; | 
      
        |  | (6)  contract in its own name, but not in the name of | 
      
        |  | the municipality; | 
      
        |  | (7)  sue and be sued in its own name; | 
      
        |  | (8)  adopt, use, and alter a corporate seal; and | 
      
        |  | (9)  establish a security force and commission as a | 
      
        |  | peace officer an employee of the force who is licensed by the Texas | 
      
        |  | Commission on Law Enforcement [ Officer Standards and Education]. | 
      
        |  | SECTION 2.55.  Subsection (a), Section 306.040, Local | 
      
        |  | Government Code, is amended to read as follows: | 
      
        |  | (a)  The board may employ permanent or temporary personnel as | 
      
        |  | it may require, including: | 
      
        |  | (1)  secretaries, stenographers, bookkeepers, | 
      
        |  | accountants, and technical experts; | 
      
        |  | (2)  municipal park and recreational patrol officers | 
      
        |  | [ patrolmen] and security officers employed as special park police | 
      
        |  | officers, who must be licensed as peace officers by the Texas | 
      
        |  | Commission on Law Enforcement [ Officer Standards and Education]; | 
      
        |  | (3)  unarmed security guards; and | 
      
        |  | (4)  parking attendants. | 
      
        |  | SECTION 2.56.  Subsection (a), Section 254.013, Occupations | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (a)  The board may commission as a peace officer to enforce | 
      
        |  | this subtitle an employee who has been certified as qualified to be | 
      
        |  | a peace officer by the Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education]. | 
      
        |  | SECTION 2.57.  Subsection (a), Section 554.010, Occupations | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (a)  The board may commission as a peace officer to enforce | 
      
        |  | this subtitle an employee who has been certified as qualified to be | 
      
        |  | a peace officer by the Texas Commission on Law Enforcement [ Officer  | 
      
        |  | Standards and Education]. | 
      
        |  | SECTION 2.58.  Section 651.409, Occupations Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 651.409.  NOTICE TO NEXT OF KIN OF DECEASED PEACE | 
      
        |  | OFFICER.  A funeral director who prepares a deceased peace officer | 
      
        |  | for burial or other disposition shall make every effort to advise | 
      
        |  | the next of kin of the officer that the next of kin of a person who | 
      
        |  | at the time of death was a peace officer or an honorably retired | 
      
        |  | peace officer who voluntarily terminated employment with a law | 
      
        |  | enforcement agency of this state or a political subdivision of this | 
      
        |  | state is eligible on request to receive a state flag from the Texas | 
      
        |  | Commission on Law Enforcement [ Officer Standards and Education] at | 
      
        |  | no cost to the next of kin. | 
      
        |  | SECTION 2.59.  Subsection (b), Section 11.0201, Parks and | 
      
        |  | Wildlife Code, is amended to read as follows: | 
      
        |  | (b)  An applicant for a special game warden commission must | 
      
        |  | meet the minimum standards for licensing of a peace officer under | 
      
        |  | the rules adopted by the Texas Commission on Law Enforcement | 
      
        |  | [ Officer Standards and Education]. | 
      
        |  | SECTION 2.60.  Subsection (f), Section 46.05, Penal Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (f)  It is a defense to prosecution under this section for | 
      
        |  | the possession of a chemical dispensing device that the actor is a | 
      
        |  | security officer and has received training on the use of the | 
      
        |  | chemical dispensing device by a training program that is: | 
      
        |  | (1)  provided by the Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education]; or | 
      
        |  | (2)  approved for the purposes described by this | 
      
        |  | subsection by the Texas Private Security Board of the Department of | 
      
        |  | Public Safety. | 
      
        |  | SECTION 2.61.  Subsection (b), Section 54.053, | 
      
        |  | Transportation Code, is amended to read as follows: | 
      
        |  | (b)  A board may: | 
      
        |  | (1)  manage, control, maintain, and operate each port | 
      
        |  | improvement or facility constituting a port or harbor of the | 
      
        |  | municipality; | 
      
        |  | (2)  employ a general manager and any other officer, | 
      
        |  | employee, or representative the board considers appropriate; | 
      
        |  | (3)  notwithstanding any law or charter provision to | 
      
        |  | the contrary: | 
      
        |  | (A)  prepare and adopt a budget for the operation | 
      
        |  | of a port or harbor of the municipality; | 
      
        |  | (B)  set charges for a service or facility; | 
      
        |  | (C)  authorize an expenditure; and | 
      
        |  | (D)  manage and control the income and revenue of | 
      
        |  | each port or harbor of the municipality; | 
      
        |  | (4)  determine policies and adopt rules and procedures | 
      
        |  | for the operation of each port or harbor of the municipality; | 
      
        |  | (5)  acquire property or an interest in property for | 
      
        |  | any purpose set forth in Section 54.003 in the manner provided by | 
      
        |  | this chapter and construct a port improvement or facility on the | 
      
        |  | property; | 
      
        |  | (6)  contract in its own name, but not in the name of | 
      
        |  | the municipality; | 
      
        |  | (7)  sue and be sued in its own name; | 
      
        |  | (8)  adopt, use, and alter a corporate seal; | 
      
        |  | (9)  establish a port security force, employ public | 
      
        |  | security officers licensed by the Texas Commission on Law | 
      
        |  | Enforcement [ Officer Standards and Education], and commission | 
      
        |  | employees of the force as peace officers; | 
      
        |  | (10)  own, establish, construct, improve, equip, | 
      
        |  | maintain, operate, regulate, protect, or police any transportation | 
      
        |  | facility and any necessary appurtenance to that facility; | 
      
        |  | (11)  construct, lease, improve, enlarge, extend, | 
      
        |  | repair, maintain, replace, develop, or operate a port improvement | 
      
        |  | or facility; | 
      
        |  | (12)  exercise all powers of a municipality relating to | 
      
        |  | the creation of an economic development program under Chapter 380, | 
      
        |  | Local Government Code, for the purpose of making grants and loans; | 
      
        |  | and | 
      
        |  | (13)  exercise any additional power granted by the | 
      
        |  | ordinance or charter. | 
      
        |  | ARTICLE 3.  TRANSITION AND EFFECTIVE DATE | 
      
        |  | SECTION 3.01.  (a)  Effective January 1, 2014: | 
      
        |  | (1)  the name of the Commission on Law Enforcement | 
      
        |  | Officer Standards and Education is changed to the Texas Commission | 
      
        |  | on Law Enforcement, and all powers, duties, rights, and obligations | 
      
        |  | of the Commission on Law Enforcement Officer Standards and | 
      
        |  | Education are the powers, duties, rights, and obligations of the | 
      
        |  | Texas Commission on Law Enforcement; | 
      
        |  | (2)  a member of the Commission on Law Enforcement | 
      
        |  | Officer Standards and Education is a member of the Texas Commission | 
      
        |  | on Law Enforcement; and | 
      
        |  | (3)  any appropriation to the Commission on Law | 
      
        |  | Enforcement Officer Standards and Education is an appropriation to | 
      
        |  | the Texas Commission on Law Enforcement. | 
      
        |  | (b)  Effective January 1, 2014, a reference in law to the | 
      
        |  | Commission on Law Enforcement Officer Standards and Education is a | 
      
        |  | reference to the Texas Commission on Law Enforcement. | 
      
        |  | (c)  The Texas Commission on Law Enforcement is the successor | 
      
        |  | to the Commission on Law Enforcement Officer Standards and | 
      
        |  | Education in all respects.  All personnel, equipment, data, | 
      
        |  | documents, facilities, contracts, items, other property, rules, | 
      
        |  | decisions, and proceedings of or involving the Commission on Law | 
      
        |  | Enforcement Officer Standards and Education are unaffected by the | 
      
        |  | change in the name of the agency. | 
      
        |  | (d)  The Commission on Law Enforcement Officer Standards and | 
      
        |  | Education shall adopt a schedule for phasing in the change of the | 
      
        |  | agency's name so as to minimize the fiscal impact of the name | 
      
        |  | change.  Until January 1, 2014, to allow for phasing in the change | 
      
        |  | of the agency's name and in accordance with the schedule | 
      
        |  | established as required by this section, the agency may perform any | 
      
        |  | act authorized by law for the Commission on Law Enforcement Officer | 
      
        |  | Standards and Education as the Commission on Law Enforcement | 
      
        |  | Officer Standards and Education or as the Texas Commission on Law | 
      
        |  | Enforcement.  Any act of the Commission on Law Enforcement Officer | 
      
        |  | Standards and Education acting as the Texas Commission on Law | 
      
        |  | Enforcement on or after the effective date of this Act and before | 
      
        |  | January 1, 2014, is an act of the Commission on Law Enforcement | 
      
        |  | Officer Standards and Education. | 
      
        |  | SECTION 3.02.  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, 2013. |