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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to the change of the name of the Commission on Law  | 
      
      
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        Enforcement Officer Standards and Education to the Texas Commission  | 
      
      
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        on Law Enforcement. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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        ARTICLE 1.  CHANGING THE NAME OF THE COMMISSION ON LAW ENFORCEMENT  | 
      
      
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        OFFICER STANDARDS AND EDUCATION TO THE TEXAS COMMISSION ON LAW  | 
      
      
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        ENFORCEMENT | 
      
      
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               SECTION 1.01.  Subdivision (1), Section 1701.001,  | 
      
      
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        Occupations Code, is amended to read as follows: | 
      
      
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                     (1)  "Commission" means the Texas Commission on Law  | 
      
      
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        Enforcement [Officer Standards and Education]. | 
      
      
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               SECTION 1.02.  Section 1701.002, Occupations Code, is  | 
      
      
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        amended to read as follows: | 
      
      
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			 | 
               Sec. 1701.002.  APPLICATION OF SUNSET ACT.  The Texas  | 
      
      
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        Commission on Law Enforcement [Officer Standards and Education] is  | 
      
      
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        subject to Chapter 325, Government Code (Texas Sunset Act).  Unless  | 
      
      
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        continued in existence as provided by that chapter, the commission  | 
      
      
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        is abolished and this chapter expires September 1, 2021. | 
      
      
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               SECTION 1.03.  Subchapter A, Chapter 1701, Occupations Code,  | 
      
      
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        is amended by adding Section 1701.004 to read as follows: | 
      
      
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               Sec. 1701.004.  REFERENCE TO COMMISSION ON LAW ENFORCEMENT  | 
      
      
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        OFFICER STANDARDS AND EDUCATION.  A reference in law to the  | 
      
      
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        Commission on Law Enforcement Officer Standards and Education or  | 
      
      
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        the Texas Commission on Law Enforcement Officer Standards and  | 
      
      
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        Education means the Texas Commission on Law Enforcement. | 
      
      
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               SECTION 1.04.  The heading to Subchapter B, Chapter 1701,  | 
      
      
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        Occupations Code, is amended to read as follows: | 
      
      
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			 | 
        SUBCHAPTER B.  TEXAS COMMISSION ON LAW ENFORCEMENT [OFFICER 
         | 
      
      
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          STANDARDS AND EDUCATION] | 
      
      
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               SECTION 1.05.  Subsection (a), Section 1701.051,  | 
      
      
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        Occupations Code, is amended to read as follows: | 
      
      
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               (a)  The Texas Commission on Law Enforcement [Officer 
         | 
      
      
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          Standards and Education] is an agency of this state and consists of  | 
      
      
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        nine members appointed by the governor with the advice and consent  | 
      
      
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        of the senate as follows: | 
      
      
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                     (1)  three members who are sheriffs, constables, or  | 
      
      
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        chiefs of police; | 
      
      
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                     (2)  three members who: | 
      
      
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                           (A)  are licensed under this chapter, two of whom  | 
      
      
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        are peace officers who, at the time of appointment, hold  | 
      
      
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        nonsupervisory positions with a law enforcement agency; and | 
      
      
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                           (B)  have been licensed under this chapter for the  | 
      
      
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        five years preceding the date of appointment; and | 
      
      
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                     (3)  three members who represent the public. | 
      
      
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        ARTICLE 2.  CONFORMING AMENDMENTS | 
      
      
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               SECTION 2.01.  Article 2.12, Code of Criminal Procedure, is  | 
      
      
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        amended to read as follows: | 
      
      
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               Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace  | 
      
      
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        officers: | 
      
      
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                     (1)  sheriffs, their deputies, and those reserve  | 
      
      
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        deputies who hold a permanent peace officer license issued under  | 
      
      
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        Chapter 1701, Occupations Code; | 
      
      
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                     (2)  constables, deputy constables, and those reserve  | 
      
      
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        deputy constables who hold a permanent peace officer license issued  | 
      
      
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        under Chapter 1701, Occupations Code; | 
      
      
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                     (3)  marshals or police officers of an incorporated  | 
      
      
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        city, town, or village, and those reserve municipal police officers  | 
      
      
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        who hold a permanent peace officer license issued under Chapter  | 
      
      
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        1701, Occupations Code; | 
      
      
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                     (4)  rangers and officers commissioned by the Public  | 
      
      
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        Safety Commission and the Director of the Department of Public  | 
      
      
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        Safety; | 
      
      
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                     (5)  investigators of the district attorneys', criminal  | 
      
      
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        district attorneys', and county attorneys' offices; | 
      
      
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                     (6)  law enforcement agents of the Texas Alcoholic  | 
      
      
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        Beverage Commission; | 
      
      
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                     (7)  each member of an arson investigating unit  | 
      
      
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        commissioned by a city, a county, or the state; | 
      
      
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                     (8)  officers commissioned under Section 37.081,  | 
      
      
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        Education Code, or Subchapter E, Chapter 51, Education Code; | 
      
      
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                     (9)  officers commissioned by the General Services  | 
      
      
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        Commission; | 
      
      
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                     (10)  law enforcement officers commissioned by the  | 
      
      
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        Parks and Wildlife Commission; | 
      
      
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                     (11)  airport police officers commissioned by a city  | 
      
      
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        with a population of more than 1.18 million located primarily in a  | 
      
      
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        county with a population of 2 million or more that operates an  | 
      
      
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        airport that serves commercial air carriers; | 
      
      
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                     (12)  airport security personnel commissioned as peace  | 
      
      
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        officers by the governing body of any political subdivision of this  | 
      
      
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        state, other than a city described by Subdivision (11), that  | 
      
      
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        operates an airport that serves commercial air carriers; | 
      
      
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                     (13)  municipal park and recreational patrolmen and  | 
      
      
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        security officers; | 
      
      
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                     (14)  security officers and investigators commissioned  | 
      
      
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        as peace officers by the comptroller; | 
      
      
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                     (15)  officers commissioned by a water control and  | 
      
      
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        improvement district under Section 49.216, Water Code; | 
      
      
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                     (16)  officers commissioned by a board of trustees  | 
      
      
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        under Chapter 54, Transportation Code; | 
      
      
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                     (17)  investigators commissioned by the Texas Medical  | 
      
      
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        Board; | 
      
      
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                     (18)  officers commissioned by: | 
      
      
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                           (A)  the board of managers of the Dallas County  | 
      
      
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        Hospital District, the Tarrant County Hospital District, the Bexar  | 
      
      
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        County Hospital District, or the El Paso County Hospital District  | 
      
      
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        under Section 281.057, Health and Safety Code; and | 
      
      
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                           (B)  the board of directors of the Ector County  | 
      
      
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        Hospital District under Section 1024.117, Special District Local  | 
      
      
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        Laws Code; | 
      
      
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                     (19)  county park rangers commissioned under  | 
      
      
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        Subchapter E, Chapter 351, Local Government Code; | 
      
      
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                     (20)  investigators employed by the Texas Racing  | 
      
      
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			 | 
        Commission; | 
      
      
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                     (21)  officers commissioned under Chapter 554,  | 
      
      
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        Occupations Code; | 
      
      
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                     (22)  officers commissioned by the governing body of a  | 
      
      
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        metropolitan rapid transit authority under Section 451.108,  | 
      
      
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        Transportation Code, or by a regional transportation authority  | 
      
      
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        under Section 452.110, Transportation Code; | 
      
      
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                     (23)  investigators commissioned by the attorney  | 
      
      
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        general under Section 402.009, Government Code; | 
      
      
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                     (24)  security officers and investigators commissioned  | 
      
      
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        as peace officers under Chapter 466, Government Code; | 
      
      
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                     (25)  an officer employed by the Department of State  | 
      
      
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        Health Services under Section 431.2471, Health and Safety Code; | 
      
      
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                     (26)  officers appointed by an appellate court under  | 
      
      
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        Subchapter F, Chapter 53, Government Code; | 
      
      
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                     (27)  officers commissioned by the state fire marshal  | 
      
      
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        under Chapter 417, Government Code; | 
      
      
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                     (28)  an investigator commissioned by the commissioner  | 
      
      
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        of insurance under Section 701.104, Insurance Code; | 
      
      
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                     (29)  apprehension specialists and inspectors general  | 
      
      
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        commissioned by the Texas Juvenile Justice Department as officers  | 
      
      
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        under Sections 242.102 and 243.052, Human Resources Code; | 
      
      
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                     (30)  officers appointed by the inspector general of  | 
      
      
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        the Texas Department of Criminal Justice under Section 493.019,  | 
      
      
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        Government Code; | 
      
      
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                     (31)  investigators commissioned by the Texas  | 
      
      
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        Commission on Law Enforcement [Officer Standards and Education]  | 
      
      
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        under Section 1701.160, Occupations Code; | 
      
      
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                     (32)  commission investigators commissioned by the  | 
      
      
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        Texas Private Security Board under Section 1702.061(f),  | 
      
      
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        Occupations Code; | 
      
      
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                     (33)  the fire marshal and any officers, inspectors, or  | 
      
      
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        investigators commissioned by an emergency services district under  | 
      
      
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        Chapter 775, Health and Safety Code; | 
      
      
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                     (34)  officers commissioned by the State Board of  | 
      
      
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        Dental Examiners under Section 254.013, Occupations Code, subject  | 
      
      
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        to the limitations imposed by that section; | 
      
      
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                     (35)  investigators commissioned by the Texas Juvenile  | 
      
      
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        Justice Department as officers under Section 221.011, Human  | 
      
      
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        Resources Code; and | 
      
      
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                     (36)  the fire marshal and any related officers,  | 
      
      
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        inspectors, or investigators commissioned by a county under  | 
      
      
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        Subchapter B, Chapter 352, Local Government Code. | 
      
      
        | 
           
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               SECTION 2.02.  Subsection (e), Article 2.121, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, is amended to read as follows: | 
      
      
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               (e)  A person may not serve as a railroad peace officer for a  | 
      
      
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        railroad company unless: | 
      
      
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                     (1)  the Texas Railroad Association submits the  | 
      
      
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        person's application for appointment and certification as a  | 
      
      
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        railroad peace officer to the director of the Department of Public  | 
      
      
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			 | 
        Safety and to the executive director of the Texas Commission on Law  | 
      
      
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			 | 
        Enforcement [Officer Standards and Education]; | 
      
      
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                     (2)  the director of the department issues the person a  | 
      
      
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			 | 
        certificate of authority to act as a railroad peace officer; and | 
      
      
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                     (3)  the executive director of the commission  | 
      
      
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			 | 
        determines that the person meets minimum standards required of  | 
      
      
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        peace officers by the commission relating to competence,  | 
      
      
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        reliability, education, training, morality, and physical and  | 
      
      
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        mental health and issues the person a license as a railroad peace  | 
      
      
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			 | 
        officer; and | 
      
      
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                     (4)  the person has met all standards for certification  | 
      
      
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			 | 
        as a peace officer by the Texas Commission on Law Enforcement  | 
      
      
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			 | 
        [Officer Standards and Education]. | 
      
      
        | 
           
			 | 
               SECTION 2.03.  Subsection (e), Article 2.125, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, is amended to read as follows: | 
      
      
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               (e)  A person may not serve as a special ranger unless: | 
      
      
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                     (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]; | 
      
      
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			 | 
                     (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;  | 
      
      
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			 | 
        and | 
      
      
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                     (4)  the person has met all standards for certification  | 
      
      
        | 
           
			 | 
        as a peace officer by the Texas Commission on Law Enforcement  | 
      
      
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			 | 
        [Officer Standards and Education]. | 
      
      
        | 
           
			 | 
               SECTION 2.04.  Subsection (e), Article 2.126, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, is amended to read as follows: | 
      
      
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			 | 
               (e)  Any person commissioned under this article must: | 
      
      
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			 | 
                     (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: | 
      
      
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			 | 
               (b)  Each law enforcement agency in this state shall adopt a  | 
      
      
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        detailed written policy on racial profiling.  The policy must: | 
      
      
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                     (1)  clearly define acts constituting racial  | 
      
      
        | 
           
			 | 
        profiling; | 
      
      
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			 | 
                     (2)  strictly prohibit peace officers employed by the  | 
      
      
        | 
           
			 | 
        agency from engaging in racial profiling; | 
      
      
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                     (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; | 
      
      
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			 | 
                     (4)  provide public education relating to the agency's  | 
      
      
        | 
           
			 | 
        complaint process; | 
      
      
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			 | 
                     (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  | 
      
      
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			 | 
        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: | 
      
      
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			 | 
               (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. |