2574), Sec. September 1, 2009. Sec. Sec. September 1, 2015. (4) identification, retention, and screening of licensed mental health professionals. Sec. (a) A person commits an offense if the person appoints, employs, or retains an individual as an officer, public security officer, telecommunicator, or county jailer in violation of Section 1701.312 or 1701.313. (a) The commission shall develop and implement a method for: (1) tracking complaints filed with the commission through their final disposition, including: (B) how each complaint was resolved; and, (C) the subject matter of each complaint that was not within the jurisdiction of the commission and how the commission responded to the complaint; and. REQUIRED POLICIES FOR LAW ENFORCEMENT AGENCIES. 1701.623. September 1, 2015. | https://codes.findlaw.com/tx/occupations-code/occ-sect-1702-322.html. 2, eff. In this subchapter: (1) "Body worn camera" means a recording device that is: (A) capable of recording, or transmitting to be recorded remotely, video or audio; and. The commission shall forward to the attorney general's office documentation for each constable who does not comply with this section. 30), Sec. HB 4009, which became effective 9/1/2009, requires an officer first licensed by the commission on or after January 1, 2011, to complete a one-time basic education and training program on the trafficking of persons. Acts 2021, 87th Leg., R.S., Ch. 1438), Sec. 1701.707. Acts 1999, 76th Leg., ch. Sec. RECORDINGS AS EVIDENCE. (b) An agency hiring a person for whom a license is sought shall select the examining physician and the examining psychologist or psychiatrist. (a-1) As part of the continuing education programs under Subsection (a), a peace officer must complete a training and education program that covers recent changes to the laws of this state and of the United States pertaining to peace officers. (3) the procedures for removing a child or other person from the child safety check alert list. 542), Sec. 686), Sec. 701 (H.B. September 1, 2021. 1234 (H.B. 388, Sec. 996), Sec. Collin County Reserve Deputies are professionally trained and fully licensed Peace Officers. 1224 (S.B. Acts 2011, 82nd Leg., R.S., Ch. The commission may contract with an institution of higher education that has appropriate expertise in mental health or law enforcement to develop the peer support network under this subchapter. 1701.102. I think it ranges from 16-24 hours for the most part. (a) The commission shall notify each examinee of the examination results not later than the 30th day after the date the examination is administered. Sec. September 1, 2015. September 1, 2021. (c) The commission by rule may adopt other necessary enforcement procedures. The successful candidates will be responsible for the performance of routine p 1 month ago (2) "Qualified retired law enforcement officer" has the meaning assigned by 18 U.S.C. Under certain limited circumstances, Section 1702.322 of the Occupations Code allows full-time Texas peace officers to provide the private security services of a security guard, patrolman, watchman, or extra job coordinator without a private security license. 1, eff. 1234 (H.B. LIMITATION ON INFORMATION REQUIRED FOR LICENSE RENEWAL.The requirements and procedures adopted by the commission for the renewal of a license issued under this chapter: (1) may not require an applicant to provide unchanged criminal history information already included in one or more of the applicant's previous applications for licensure or for license renewal filed with the commission; and. Cite this article: FindLaw.com - Texas Occupations Code - OCC 1702.322. (c) Notwithstanding any other law, this subchapter does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides a basis for a cause of action for an act or omission under this subchapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. (C) has powers and duties described by Article 2.127, Code of Criminal Procedure. 1056 (H.B. 21.001(38), eff. January 1, 2014. (b) An officer whose license is suspended under this section may appeal the suspension in writing to the commission not later than the 30th day after the date the officer is suspended. (a) The commission by rule shall establish minimum requirements for the training, testing, and certification of special officers for responding to allegations of family violence or sexual assault. (b) The commission, in collaboration with the Texas Veterans Commission, shall establish and maintain a training program for peace officers that provides information on veterans with combat-related trauma, post-traumatic stress, post-traumatic stress disorder, or a traumatic brain injury. (2) are primary responders who respond directly to calls for assistance from the public. Acts 2011, 82nd Leg., R.S., Ch. (C) a rule prohibiting a confirmation form submitted to the commission under this section from containing confidential information described by Section 552.1175(b), Government Code, regarding the person who is the subject of the confirmation form; (2) post the forms and procedures on the commission's Internet website; and. 638), Sec. 91 (S.B. Acts 1999, 76th Leg., ch. (e-1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 14, eff. 1701.2561. 1701.1523. (d) The commission's decision does not affect: (1) the employment relationship between an officer licensed under this chapter and a law enforcement agency; or. 1, eff. (a) A law enforcement agency or governmental entity that hires a person for whom a license is sought must file an application with the commission as provided by commission rule. (a) A law enforcement agency that receives a grant to provide body worn cameras to its peace officers or that otherwise operates a body worn camera program shall adopt a policy for the use of body worn cameras. March 15, 2006. (d) The commission may order an applicant to submit to an examination described by Subsection (a) by a psychologist, psychiatrist, or physician appointed by the commission if the commission: (1) has cause to believe that a law enforcement agency failed to follow commission rules relating to an examination; or. (a) The commission shall adopt rules establishing requirements for reactivation of a peace officer's license after a break in employment. 3389), Sec. (c) A peace officer who is employed by a law enforcement agency that has not received a grant described by this section or who has not otherwise been provided with a body worn camera by the agency that employs the officer may operate a body worn camera that is privately owned only if permitted by the employing agency. September 1, 2011. 72 Article 6.06 invokes official authority in a similar manner but in limited circumstances where person and property are imperiled. Text of section as added by Acts 2021, 87th Leg., R.S., Ch. ANNUAL REPORT. 292), Sec. Sec. Examinations under Section 1701.304 and psychological examinations under Section 1701.306 apply. A peace officer who is a visiting school resource officer in a public school must be licensed as provided by this chapter. 488), Sec. After learning about how to write a professional peace officer resume, you can make sure your resume checks all the . (c) If requested in writing by a person who fails an examination, the commission shall provide to the person an analysis of the person's performance on the examination. (a) It is a ground for removal from the commission that a member: (1) does not have at the time of taking office the qualifications required by Section 1701.051(a) or 1701.052; (2) does not maintain during service on the commission the qualifications required by Section 1701.051(a) or 1701.052; (3) is ineligible for membership under Section 1701.053; (4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or. 1, eff. Sec. The commission may commission certified peace officers as investigators employed by the commission for the limited purpose of assisting the commission in administering this chapter. The term does not include a security officer employed by a private security company that contracts with this state or a political subdivision of this state to provide security services for the entity. March 31, 2023. June 19, 2009. we discovered there were reserve officers that were working extra jobs in violation of the . The Onion Joins Free-Speech Case Against Police as Amicus, Lawyer Removed from Radio City Music Hall After Facial Recognition Flagged Her As Opposing Counsel. 950 (S.B. Except as provided by Sections 1701.310, 1701.311, and 1701.405, a person may not appoint or employ a person to serve as an officer, county jailer, school marshal, public security officer, or telecommunicator unless the person holds an appropriate license issued by the commission. 6, eff. (e) The awards shall be issued in three areas: valor, public service, and professional achievement. September 1, 2009. 4009), Sec. (a) The commission shall immediately revoke the license of a person licensed under this chapter who is convicted of a felony. 968 (H.B. (a) A physician, or a person who has been delegated prescriptive authority under Chapter 157, Occupations Code, may prescribe epinephrine auto-injectors in the name of a law enforcement agency. (3) the person seeks a new appointment as a county jailer on or after September 1, 1984. 855 (H.B. (c) The training program shall include 80 hours of instruction designed to: (1) emphasize strategies for preventing school shootings and for securing the safety of potential victims of school shootings; (2) educate a trainee about legal issues relating to the duties of peace officers and the use of force or deadly force in the protection of others; (3) introduce the trainee to effective law enforcement strategies and techniques; (4) improve the trainee's proficiency with a handgun; and. 6, eff. Sec. A law enforcement agency may provide a copy without charge or at a reduced charge if the agency determines that waiver or reduction of the charge is in the public interest. Sec. Don't Touch. (2) the Texas National Guard as defined by Section 431.001, Government Code. (2) review the education and training program under Subsection (b)(2)(B) at least once every 24 months. The administrative penalty shall be assessed in a proceeding conducted in accordance with Chapter 2001, Government Code. (b) As a requirement for a basic proficiency certificate, the commission shall require completion of local courses or programs of instruction on federal and state statutes that relate to employment issues affecting peace officers, telecommunicators, and county jailers, including: (2) compensation, including overtime compensation, and vacation time; (3) personnel files and other employee records; (4) management-employee relations in law enforcement organizations; (6) complaints and investigations of employee misconduct; and. (f) The commission shall adopt rules for the administration of this section. Not later than the 180th day after the date the commission provides the model policies described by Section 1701.269(b), each law enforcement agency in this state shall adopt a policy on the topics described by that subsection. PROFESSIONAL ACHIEVEMENT. 1701.054. 1701.156. The commission may suspend the license of a peace officer who fails to comply with this requirement. (a-1) This section applies only to a qualified retired law enforcement officer who is entitled to carry a concealed firearm under 18 U.S.C. September 1, 2009. (c) The commission may issue a temporary or permanent license to a person to serve as a county jailer. Strong Body, Sharp Mind And Good Tactics! September 1, 2011. Damn. Of specific relevance to this question is the condition that the peace officers perform services as a patrolman, The Governor's Committee on People with Disabilities. 1179 (S.B. The agency shall maintain records of the weapons proficiency of the agency's jailers. 1, eff. The term does not include a peace officer who provides law enforcement at: (1) a public school only for extracurricular activities; or. (b) The commission shall furnish each agency and licensed training school with the required reporting forms, including access to electronic submission forms when the system under Section 1701.1523 is established. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. Sec. Added by Acts 2017, 85th Leg., R.S., Ch. A constable who does not comply with this section forfeits the office and the attorney general shall institute a quo warranto proceeding under Chapter 66, Civil Practice and Remedies Code, to remove the constable from office. 1849), Sec. Added by Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2021, 87th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 24.001(32), eff. Sec. https://codes.findlaw.com/tx/occupations-code/occ-sect-1702-322.html, Read this complete Texas Occupations Code - OCC 1702.322. Sec. 3, eff. Sec. These armed security jobs are often referred to by law enforcement as "extra jobs." Sec. 1, eff. September 1, 2009. Added by Acts 2009, 81st Leg., R.S., Ch. (n) As a requirement for an intermediate proficiency certificate or an advanced proficiency certificate, an officer must complete the education and training program regarding de-escalation techniques to facilitate interaction with members of the public established by the commission under Section 1701.253(n). 855 (H.B. PREEMPLOYMENT PROCEDURE. The training program must include information regarding: (1) the role of law enforcement and the duties and responsibilities of peace officers; (2) a person's rights concerning interactions with peace officers; (3) proper behavior for civilians and peace officers during interactions; (4) laws regarding questioning and detention by peace officers, including any law requiring a person to present proof of identity to a peace officer, and the consequences for a person's or officer's failure to comply with those laws; and. The commission may employ personnel necessary to perform commission functions. 1172 (H.B. 1, eff. ISSUANCE OF OFFICER OR COUNTY JAILER LICENSE. An extra employment application shall be submitted for every extra job worked, including self-employment. (d) This section does not affect the sovereign immunity of the state, an agency of the state, or a political subdivision of the state. (o) As part of the minimum curriculum requirements, the commission shall require an officer to complete the civilian interaction training program developed under Section 1701.268. Sec. Acts 2011, 82nd Leg., R.S., Ch. IMMUNITY FROM LIABILITY. 1258 (H.B. (1) a person who has full-time employment as a peace officer and who receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, extra job coordinator, or watchman if the officer: (A) is employed in an employee-employer relationship or employed on an individual . 1172 (H.B. Sec. 1701.622. (b) For purposes of this section and Section 1701.502, a person is convicted of a felony if a court enters an adjudication of guilt against the person on a felony offense under the laws of this or another state or the United States, regardless of whether: (1) the sentence is subsequently probated and the person is discharged from community supervision; (2) the accusation, complaint, information, or indictment against the person is dismissed and the person is released from all penalties and disabilities resulting from the offense; or. (n) As part of the minimum curriculum requirements, the commission shall require an officer to complete a statewide education and training program on de-escalation techniques to facilitate interaction with members of the public, including techniques for limiting the use of force resulting in bodily injury. Money spent under this section is subject to audit by the state auditor. 1172 (H.B. (2) making a person's information available to a hiring law enforcement agency under Section 1701.451. Sec. Then the department pays out to the reserve officer. (a) The commission by rule shall establish guidelines consistent with this chapter that are necessary to comply with Chapter 53 to the extent that chapter applies to persons licensed under this chapter. extra jobs and off-duty employment. (2) if the deputy constable requests a waiver because of hardship and the commission determines that a hardship exists. (e) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(h). Acts 2013, 83rd Leg., R.S., Ch. 388, Sec. (3) "School district peace officer" means a peace officer commissioned under Section 37.081, Education Code. (b) A law enforcement agency, agency head, or other law enforcement official is not liable for civil damages for: (1) a report made by that agency or person if the report is made in good faith; or. 20, eff. 1588), Sec. June 14, 2021. September 1, 2011. (2) once that system is established, require law enforcement agencies to submit to the commission electronically any form, data, or document required to be submitted to the commission under this chapter. Performs all duties of a licensed police officer within the context of a college environment; coordinates and assists other officers.. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. (ii)by a company licensed under this chapter; (B)is not in the employ of another peace officer; (D)works as a peace officer on the average of at least 32 hours a week, is compensated by the state or a political subdivision of the state at least at the minimum wage, and is entitled to all employee benefits offered to a peace officer by the state or political subdivision; (2)a reserve peace officer while the reserve officer is performing guard, patrolman, or watchman duties for a county and is being compensated solely by that county; (3)a peace officer acting in an official capacity in responding to a burglar alarm or detection device; or. (a) The head of a law enforcement agency or the head's designee shall submit a report to the commission on a form prescribed by the commission regarding a person licensed under this chapter who resigns or retires from employment with the law enforcement agency, whose appointment with the law enforcement agency is terminated, or who separates from the law enforcement agency for any other reason. September 1, 2015. 4, eff. 4, eff. September 1, 2017. (3) the officer has no psychological or physical disability that would interfere with the officer's proper handling of a handgun. Acts 2019, 86th Leg., R.S., Ch. A law enforcement agency that receives a grant under this section is required to match 25 percent of the grant money. ENROLLMENT QUALIFICATIONS. The commission may waive the continuing education requirements of this subsection if: (1) a constable requests a waiver because of hardship; and. (a) The commission and the Texas Department of Criminal Justice by rule shall adopt a memorandum of understanding that establishes each agency's respective responsibilities in developing a basic training program in the use of firearms by community supervision and corrections department officers and parole officers. Acts 2017, 85th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (c) An officer to whom this section applies who does not obtain the license by the required date or does not remain licensed is incompetent and is subject to removal from office under Section 665.052, Government Code, or another removal statute. 1172 (H.B. September 1, 2015. 1701.163. Acts 2013, 83rd Leg., R.S., Ch. (a) Notwithstanding Section 552.301(b), Government Code, a governmental body's request for a decision from the attorney general about whether a requested body worn camera recording falls within an exception to public disclosure is considered timely if made not later than the 20th business day after the date of receipt of the written request. (b) On request, the commission may waive the requirement that a peace officer or county jailer demonstrate weapons proficiency on a determination by the commission that the requirement causes a hardship. 1473), Sec. (a) The commission shall maintain a system to promptly and efficiently act on jurisdictional complaints filed with the commission. (2) "Emergency" means the occurrence or imminent threat of damage, injury, or loss of life or property resulting from an extraordinary natural or man-made cause. If trees could scream, would we be so cavalier about cutting them down? (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest. 5, eff. Acts 2005, 79th Leg., Ch. Sec. Acts 2007, 80th Leg., R.S., Ch. (a) A person commits an offense if the person appoints or retains another person as an officer, county jailer, or telecommunicator in violation of Section 1701.301, 1701.303, 1701.306, or 1701.405. 834 (S.B. June 18, 2005. June 19, 2009. June 4, 2019. 1172 (H.B. (b) At least once every four years, the commission shall review the content of the training program under this section and update the program as necessary. Sec. (c) The commission may issue a professional achievement or proficiency certificate to a peace officer who meets the requirements of Subsection (b). Sec. (a) The commission shall develop a basic training program in the use of firearms by county jailers. It spells out who can work Security as a police officer. September 1, 2017. 1849), Sec. 1172 (H.B. (c) The commission may issue a professional achievement or proficiency certificate to an officer who meets the requirements of Subsection (b). (b) For purposes of this section and Section 1701.503, a person is convicted of barratry if a court enters an adjudication of guilt against the person regardless of whether: (2) the accusation, complaint, information, or indictment against the person is dismissed following community supervision; or. PROTECTIONS RELATED TO LICENSURE. 4468), Sec. I think that was the question in the original post, as in how do reserves get around the restriction. (c) The commission may reinstate, as provided by commission rules, a license that is suspended under Subsection (b) when the license holder is released from community supervision. 1234 (H.B. COMPENSATION; REIMBURSEMENT. EXAMINATION RESULTS. (g) As a requirement for an intermediate proficiency certificate or an advanced proficiency certificate, an officer must complete the education and training program described by Section 1701.253 regarding de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments. 1701.653. 386), Sec. Sec. Added by Acts 2015, 84th Leg., R.S., Ch. 3389), Sec. (g) The head of a law enforcement agency or the head's designee must submit a report under this section each time a person licensed under this chapter resigns, retires, is terminated, or separates for any other reason from the agency. Records of the grant money this requirement, public service, and of! National Guard as defined by section 431.001, Government Code the public after about... 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