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        |  | AN ACT | 
      
        |  | relating to the licensing and regulation of telecommunicators; | 
      
        |  | providing a criminal penalty. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  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 2.  Sections 1701.251(a) and (c), Occupations Code, | 
      
        |  | are amended to read as follows: | 
      
        |  | (a)  The commission shall establish and maintain training | 
      
        |  | programs for officers, [ and] county jailers, and | 
      
        |  | telecommunicators.  The training shall be conducted by the | 
      
        |  | commission staff or by other agencies and institutions the | 
      
        |  | commission considers appropriate. | 
      
        |  | (c)  The commission may: | 
      
        |  | (1)  issue or revoke the license of a school operated by | 
      
        |  | or for this state or a political subdivision of this state | 
      
        |  | specifically for training officers, county jailers, [ or] recruits, | 
      
        |  | or telecommunicators; | 
      
        |  | (2)  operate schools and conduct preparatory, | 
      
        |  | in-service, basic, and advanced courses in the schools, as the | 
      
        |  | commission determines appropriate, for officers, county jailers, | 
      
        |  | [ and] recruits, and telecommunicators; | 
      
        |  | (3)  issue a license to a person to act as a qualified | 
      
        |  | instructor under conditions that the commission prescribes; and | 
      
        |  | (4)  consult and cooperate with a municipality, county, | 
      
        |  | special district, state agency or other governmental agency, or a | 
      
        |  | university, college, junior college, or other institution, | 
      
        |  | concerning the development of schools and training programs for | 
      
        |  | officers, [ and] county jailers, and telecommunicators. | 
      
        |  | SECTION 3.  Section 1701.301, Occupations Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1701.301.  LICENSE REQUIRED.  Except as provided by | 
      
        |  | Sections 1701.310, [ and] 1701.311, and 1701.405, a person may not | 
      
        |  | appoint or employ a person to serve as an officer, county jailer, | 
      
        |  | [ or] public security officer, or telecommunicator unless the person | 
      
        |  | [ appointed] holds an appropriate license issued by the commission. | 
      
        |  | SECTION 4.  Section 1701.303, Occupations Code, is amended | 
      
        |  | by adding Subsection (c) to read as follows: | 
      
        |  | (c)  A person who appoints or employs a telecommunicator | 
      
        |  | licensed by the commission shall notify the commission not later | 
      
        |  | than the 30th day after the date of the appointment or employment. | 
      
        |  | If the person appoints or employs an individual who previously | 
      
        |  | served as a telecommunicator and the appointment or employment | 
      
        |  | occurs after the 180th day after the last date of service as a | 
      
        |  | telecommunicator, the person must have on file in a form readily | 
      
        |  | accessible to the commission: | 
      
        |  | (1)  new criminal history record information; and | 
      
        |  | (2)  two completed fingerprint cards. | 
      
        |  | SECTION 5.  The heading to Section 1701.307, Occupations | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 1701.307.  ISSUANCE OF OFFICER OR COUNTY JAILER | 
      
        |  | LICENSE. | 
      
        |  | SECTION 6.  Section 1701.307(a), Occupations Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  The commission shall issue an appropriate officer or | 
      
        |  | county jailer license to a person who, as required by this chapter: | 
      
        |  | (1)  submits an application; | 
      
        |  | (2)  completes the required training; | 
      
        |  | (3)  passes the required examination; | 
      
        |  | (4)  is declared to be in satisfactory psychological | 
      
        |  | and emotional health and free from drug dependency or illegal drug | 
      
        |  | use; and | 
      
        |  | (5)  demonstrates weapons proficiency. | 
      
        |  | SECTION 7.  Subchapter G, Chapter 1701, Occupations Code, is | 
      
        |  | amended by adding Section 1701.3071 to read as follows: | 
      
        |  | Sec. 1701.3071.  ISSUANCE OF TELECOMMUNICATOR LICENSE.  (a) | 
      
        |  | The commission shall issue a telecommunicator license to a person | 
      
        |  | who: | 
      
        |  | (1)  submits an application; | 
      
        |  | (2)  completes the required training; | 
      
        |  | (3)  passes the required examination; and | 
      
        |  | (4)  meets any other requirement of this chapter and | 
      
        |  | the rules prescribed by the commission to qualify as a | 
      
        |  | telecommunicator. | 
      
        |  | (b)  The commission may issue a temporary or permanent | 
      
        |  | license to a person to act as a telecommunicator. | 
      
        |  | SECTION 8.  Section 1701.352, Occupations Code, is amended | 
      
        |  | by adding Subsection (i) to read as follows: | 
      
        |  | (i)  A state agency, county, special district, or | 
      
        |  | municipality that appoints or employs a telecommunicator shall | 
      
        |  | provide training to the telecommunicator of not less than 20 hours | 
      
        |  | during each 24-month period of employment. The training must be | 
      
        |  | approved by the commission and consist of topics selected by the | 
      
        |  | commission and the employing entity. | 
      
        |  | SECTION 9.  Section 1701.401(c), Occupations Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (c)  The commission shall adopt rules for issuing | 
      
        |  | achievement awards to peace officers, reserve peace officers, | 
      
        |  | jailers, [ or] custodial officers, or telecommunicators who are | 
      
        |  | licensed by the commission.  The commission's rules shall require | 
      
        |  | recommendations from an elected official of this state or a | 
      
        |  | political subdivision, an administrator of a law enforcement | 
      
        |  | agency, or a person holding a license issued by the commission. | 
      
        |  | SECTION 10.  Section 1701.405, Occupations Code, is amended | 
      
        |  | by amending Subsection (b) and adding Subsections (b-1) and (b-2) | 
      
        |  | to read as follows: | 
      
        |  | (b)  This state or a political subdivision of this state may | 
      
        |  | not 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; and | 
      
        |  | (4)  holds a license to act as a telecommunicator or | 
      
        |  | agrees to obtain the license not later than the first anniversary of | 
      
        |  | the date of employment. | 
      
        |  | (b-1)  A person employed to act as a telecommunicator who has | 
      
        |  | not obtained a license to act as a telecommunicator under this | 
      
        |  | chapter may not continue to act as a telecommunicator after the | 
      
        |  | first anniversary of the date of employment unless the person | 
      
        |  | obtains the license. | 
      
        |  | (b-2)  Notwithstanding this section, an officer is not | 
      
        |  | required to obtain a telecommunicator license to act as a | 
      
        |  | telecommunicator. | 
      
        |  | SECTION 11.  Section 1701.551(a), Occupations Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  A person commits an offense if the person appoints or | 
      
        |  | retains another person as an officer, [ or] county jailer, or | 
      
        |  | telecommunicator in violation of Section 1701.301, 1701.303, [ or] | 
      
        |  | 1701.306, or 1701.405. | 
      
        |  | SECTION 12.  (a) Not later than December 31, 2013, the | 
      
        |  | Commission on Law Enforcement Officer Standards and Education shall | 
      
        |  | adopt rules, standards, and procedures necessary to implement | 
      
        |  | Chapter 1701, Occupations Code, as amended by this Act, and | 
      
        |  | Subsection (b) of this section. | 
      
        |  | (b)  Notwithstanding Chapter 1701, Occupations Code, as | 
      
        |  | amended by this Act,  a person employed as a certified | 
      
        |  | telecommunicator on January 1, 2014, is exempt from the | 
      
        |  | requirements for an initial telecommunicator license under that | 
      
        |  | chapter, and the Commission on Law Enforcement Officer Standards | 
      
        |  | and Education shall issue a telecommunicator license to the person | 
      
        |  | on receipt of an application showing that the person was employed as | 
      
        |  | a certified telecommunicator on that date. | 
      
        |  | SECTION 13.  (a)  Except as provided by Subsection (b) of | 
      
        |  | this section, this Act takes effect January 1, 2014. | 
      
        |  | (b)  Section 12 of this Act takes effect September 1, 2013. | 
      
        |  | 
      
        |  | 
      
        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
        |  | 
      
        |  | 
      
        |  | I certify that H.B. No. 1951 was passed by the House on May 8, | 
      
        |  | 2013, by the following vote:  Yeas 140, Nays 7, 2 present, not | 
      
        |  | voting; that the House refused to concur in Senate amendments to | 
      
        |  | H.B. No. 1951 on May 23, 2013, and requested the appointment of a | 
      
        |  | conference committee to consider the differences between the two | 
      
        |  | houses; and that the House adopted the conference committee report | 
      
        |  | on H.B. No. 1951 on May 26, 2013, by the following vote:  Yeas 109, | 
      
        |  | Nays 34, 2 present, not voting. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
        |  | 
      
        |  | I certify that H.B. No. 1951 was passed by the Senate, with | 
      
        |  | amendments, on May 22, 2013, by the following vote:  Yeas 21, Nays | 
      
        |  | 10; at the request of the House, the Senate appointed a conference | 
      
        |  | committee to consider the differences between the two houses; and | 
      
        |  | that the Senate adopted the conference committee report on H.B. No. | 
      
        |  | 1951 on May 26, 2013, by the following vote:  Yeas 20, Nays 11. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | APPROVED: __________________ | 
      
        |  | Date | 
      
        |  |  | 
      
        |  | __________________ | 
      
        |  | Governor |