Relating to the licensing and regulation of state correctional officers and the employment of those officers; requiring an occupational license.

89(R) HB 4614 - Engrossed version - Bill Text

89R28121 JCG-D

By: Harless

H.B. No. 4614

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of state correctional

officers and the employment of those officers; requiring an

occupational license.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1701.001, Occupations Code, is amended

by adding Subdivision (6-a) to read as follows:

(6-a)

"State correctional officer" means a person

employed by the Texas Department of Criminal Justice and whose

primary responsibility is to supervise inmates within a

correctional facility.

SECTION 2. Section 1701.003(c), Occupations Code, is

amended to read as follows:

(c) This chapter does not prevent an employing agency from

establishing qualifications and standards for hiring or training

officers,
state correctional officers,
county jailers, or

telecommunicators that exceed the commission's minimum standards.

SECTION 3. Section 1701.151, Occupations Code, is amended

to read as follows:

Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING

AUTHORITY. The commission may:

(1) adopt rules for the administration of this chapter

and for the commission's internal management and control;

(2) establish minimum standards relating to

competence and reliability, including education, training,

physical, and mental standards, for licensing as an officer,
state

correctional officer,
county jailer, public security officer, or

telecommunicator;

(3) report to the governor and legislature on the

commission's activities, with recommendations on matters under the

commission's jurisdiction, and make other reports that the

commission considers desirable;

(4) require a state agency or a county, special

district, or municipality in this state that employs officers,

state correctional officers,
telecommunicators, or county jailers

to submit reports and information;

(5) contract as the commission considers necessary for

services, facilities, studies, and reports required for:

(A) cooperation with municipal, county, special

district, state, and federal law enforcement agencies in training

programs; and

(B) performance of the commission's other

functions; and

(6) conduct research and stimulate research by public

and private agencies to improve law enforcement and police

administration.

SECTION 4. Section 1701.153(a), Occupations Code, is

amended to read as follows:

(a) The commission shall establish reporting standards and

procedures for:

(1) the appointment or employment and the termination

of officers,
state correctional officers,
county jailers, and

telecommunicators by law enforcement agencies;

(2) the activities of licensed training schools; and

(3) other matters the commission considers necessary

for the administration of this chapter.

SECTION 5. Section 1701.162, Occupations Code, is amended

by amending Subsection (a) and adding Subsection (d) to read as

follows:

(a) The commission is entitled to access records maintained

under Sections 1701.303, 1701.306, and 1701.310 by an agency hiring

a person to be an officer
, state correctional officer,
or county

jailer, including records that relate to age, education, physical

standards, citizenship, experience, and other matters relating to

competence and reliability, as evidence of qualification for

licensing of an officer
, state correctional officer,
or county

jailer.

(d)

For purposes of this section, the Texas Department of

Criminal Justice is considered a law enforcement agency.

SECTION 6. Sections 1701.251(a) and (c), Occupations Code,

are amended to read as follows:

(a) The commission shall establish and maintain training

programs for officers,
state correctional officers,
county

jailers, and telecommunicators. The training shall be conducted by

the commission staff or by other agencies and institutions the

commission considers appropriate.

(c) The commission may:

(1) issue or revoke the license of a school operated by

or for this state or a political subdivision of this state

specifically for training officers,
state correctional officers,

county jailers, recruits, or telecommunicators;

(2) operate schools and conduct preparatory,

in-service, basic, and advanced courses in the schools, as the

commission determines appropriate, for officers,
state

correctional officers,
county jailers, recruits, and

telecommunicators;

(3) issue a license to a person to act as a qualified

instructor under conditions that the commission prescribes; and

(4) consult and cooperate with a municipality, county,

special district, state agency or other governmental agency, or a

university, college, junior college, or other institution,

concerning the development of schools and training programs for

officers,
state correctional officers,
county jailers, and

telecommunicators.

SECTION 7. Sections 1701.254(a) and (b), Occupations Code,

are amended to read as follows:

(a) The commission may visit and inspect a school conducting

a training course for officers,
state correctional officers,
county

jailers, telecommunicators, or recruits and make necessary

evaluations to determine if the school complies with this chapter

and commission rules.

(b) The commission shall develop a risk assessment method to

determine the relative performance of schools conducting training

courses for officers,
state correctional officers,
county jailers,

telecommunicators, or recruits. The commission shall base its

schedule for inspection of schools on the results of the risk

assessment.

SECTION 8. Section 1701.301, Occupations Code, is amended

to read as follows:

Sec. 1701.301. LICENSE REQUIRED. Except as provided by

Sections 1701.310, 1701.311, and 1701.405, a person may not appoint

or employ a person to serve as an officer,
state correctional

officer,
county jailer, school marshal, public security officer, or

telecommunicator unless the person holds an appropriate license

issued by the commission.

SECTION 9. Subchapter G, Chapter 1701, Occupations Code, is

amended by adding Sections 1701.3072 and 1701.3096 to read as

follows:

Sec.

1701.3072.

ISSUANCE OF STATE CORRECTIONAL OFFICER

LICENSE. The commission shall issue a state correctional officer

license to a person who:

(1) submits an application;

(2)

completes the training required under Section

1701.3096;

(3) passes the required examination; and

(4)

meets any other requirement of this chapter and

the rules prescribed by the commission to qualify as a state

correctional officer.

Sec.

1701.3096.

MINIMUM ELIGIBILITY FOR STATE CORRECTIONAL

OFFICER LICENSE. (a)

To be eligible for a state correctional

officer license, a person must:

(1)

have completed not less than 240 hours of training

as determined by the commission;

(2) be at least 18 years old; and

(3)

hold a high school diploma or high school

equivalency certificate.

(b)

A state correctional officer who holds a permanent

appointment on September 1, 2027, is not required to meet the

requirements of Section 1701.3072 or Subsection (a) as a condition

of continued employment in that position.

(c)

The commission shall issue a state correctional officer

license to a person who holds a permanent appointment with the Texas

Department of Criminal Justice as a state correctional officer if

the person:

(1)

submits an application for a license to the

commission under this section before September 1, 2027; and

(2)

holds that position on the date the person submits

the application.

(d)

The commission and the Texas Department of Criminal

Justice may enter into a memorandum of understanding to implement

Subsection (c).

Subsection (c) and this subsection expire

September 1, 2028.

SECTION 10. Section 1701.401(c), Occupations Code, is

amended to read as follows:

(c) The commission shall adopt rules for issuing

achievement awards to peace officers, reserve peace officers,
state

correctional officers, county
jailers, custodial officers, or

telecommunicators who are licensed by the commission. The

commission's rules shall require recommendations from an elected

official of this state or a political subdivision, an administrator

of a law enforcement agency, or a person holding a license issued by

the commission.

SECTION 11. Sections 1701.404(b) and (c), Occupations Code,

are amended to read as follows:

(b) The commission may certify a sheriff, sheriff's deputy,

constable, other peace officer,
state correctional officer,
county

jailer, or justice of the peace as a special officer for offenders

with mental impairments if the person:

(1) completes a training course in emergency first aid

and lifesaving techniques approved by the commission;

(2) completes a training course administered by the

commission on mental health issues and offenders with mental

impairments; and

(3) passes an examination administered by the

commission that is designed to test the person's:

(A) knowledge and recognition of the

characteristics and symptoms of mental illness, intellectual

disabilities, and developmental disabilities; and

(B) knowledge of mental health crisis

intervention strategies for people with mental impairments.

(c) The commission may issue a professional achievement or

proficiency certificate to an officer,
state correctional officer,

county jailer, or justice of the peace who meets the requirements of

Subsection (b).

SECTION 12. Section 1701.451, Occupations Code, is amended

by adding Subsection (g) to read as follows:

(g)

For purposes of this section, the Texas Department of

Criminal Justice is considered a law enforcement agency.

SECTION 13. Section 1701.4522, Occupations Code, is amended

by adding Subsection (f) to read as follows:

(f)

For purposes of this section, the Texas Department of

Criminal Justice is considered a law enforcement agency.

SECTION 14. Section 1701.551(a), Occupations Code, is

amended to read as follows:

(a) A person commits an offense if the person appoints or

retains another person as an officer,
state correctional officer,

county jailer, or telecommunicator in violation of Section

1701.301, 1701.303, 1701.306, or 1701.405.

SECTION 15. Not later than March 1, 2027, the Texas

Commission on Law Enforcement shall adopt rules, standards, and

procedures necessary to implement Chapter 1701, Occupations Code,

as amended by this Act.

SECTION 16. (a) Except as provided by Subsection (b) of

this section, this Act takes effect September 1, 2026.

(b) Sections 1701.301 and 1701.551(a), Occupations Code, as

amended by this Act, take effect September 1, 2027.