reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter H. Continuing Education and Yearly Weapons Proficiency › Section 1701.359. Border Operations Training Program

Sec. 1701.359.  BORDER OPERATIONS TRAINING PROGRAM.  The commission may:
(1)  recognize, or with the consent of the Department of Public Safety administer or assist in administering, the border operations training program established under Section 411.02093, Government Code, as a continuing education program for officers; and
(2)  credit an officer who successfully completes the program described by Subdivision (1) with the appropriate number of continuing education hours.
Added by Acts 2023, 88th Leg., R.S., Ch. 208 (S.B. 1484), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter I. Professional Training and Recognition › Section 1701.401. Professional Achievement

Sec. 1701.401.  PROFESSIONAL ACHIEVEMENT.  (a)  In this section:
(1)  "Professional achievement" includes an instance in which an individual through personal initiative, fixity of purpose, persistence, or endeavor creates a program or system that has a significant positive impact on the law enforcement profession that exceeds the normal expectations of job performance.
(2)  "Public service" includes an instance in which an individual through initiative creates or participates in a program or system that has a significant positive impact on the general population of a community that exceeds the normal expectations of job performance.
(3)  "Valor" includes an act of personal heroism or bravery that exceeds the normal expectations of job performance, including placing one's own life in jeopardy to save another person's life, to prevent serious bodily injury to another, or to prevent the consequences of a criminal act.
(b)  The commission shall issue certificates that recognize professional achievement.  For this purpose the commission shall use the employment records of the employing agency.
(c)  The commission shall adopt rules for issuing achievement awards to peace officers, reserve peace officers, 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.
(d)  The awards shall be given in the name of this state and presented at the State Capitol during May of each year.  At a minimum the award shall consist of a document, an appropriate medal, and a ribbon suitable for wearing on a uniform.
(e)  The awards shall be issued in three areas:  valor, public service, and professional achievement.
(f)  The commission may present awards relating to not more than a total of 20 incidents and accomplishments each year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 174 (H.B. 1492), Sec. 1, eff. May 27, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 968 (H.B. 1951), Sec. 9, eff. January 1, 2014.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter I. Professional Training and Recognition › Section 1701.403. Investigative Hypnosis

Sec. 1701.403.  INVESTIGATIVE HYPNOSIS.  (a)  The commission may establish minimum requirements for the training, testing, and certification of peace officers who use investigative hypnosis.
(b)  A peace officer may not use a hypnotic interview technique unless the officer:
(1)  completes a training course approved by the commission;  and
(2)  passes an examination administered by the commission that is designed to test the officer's knowledge of investigative hypnosis.
(c)  The commission may issue a professional achievement or proficiency certificate to an officer who meets the requirements of Subsection (b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter I. Professional Training and Recognition › Section 1701.404. Certification of Officers for Mental Health Assignments

Sec. 1701.404.  CERTIFICATION OF OFFICERS FOR MENTAL HEALTH ASSIGNMENTS.  (a)  The commission by rule may establish minimum requirements for the training, testing, and certification of special officers for offenders with mental impairments.
(b)  The commission may certify a sheriff, sheriff's deputy, constable, other peace 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, county jailer, or justice of the peace who meets the requirements of Subsection (b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1131 (H.B. 2093), Sec. 1, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 11.01, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1104 (S.B. 1445), Sec. 13, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter I. Professional Training and Recognition › Section 1701.4045. Certification of Officers for Family Violence and Sexual Assault Assignments

Sec. 1701.4045.  CERTIFICATION OF OFFICERS FOR FAMILY VIOLENCE AND SEXUAL ASSAULT ASSIGNMENTS.  (a)  The commission by rule shall establish minimum requirements for the training, testing, and certification of special officers for responding to allegations of family violence or sexual assault.
(b)  The commission may certify a peace officer as a special officer for responding to allegations of family violence or sexual assault if the person:
(1)  completes an advanced training course administered by the commission on recognizing, documenting, and investigating family violence and sexual assault using best practices and trauma-informed techniques; and
(2)  passes an examination administered by the commission that is designed to test the person's:
(A)  knowledge and recognition of the signs of family violence and sexual assault; and
(B)  skill at documenting and investigating family violence and sexual assault using best practices and trauma-informed techniques.
(c)  The commission may issue a professional achievement or proficiency certificate to a peace officer who meets the requirements of Subsection (b).
Added by Acts 2019, 86th Leg., R.S., Ch. 107 (S.B. 586), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter J. Employment Records and Preemployment Procedure › Section 1701.452. Employment Termination Report

Sec. 1701.452.  EMPLOYMENT TERMINATION REPORT.  (a)  The head of a law enforcement agency or the head's designee shall submit a report to the commission on a form prescribed by the commission regarding a person licensed under this chapter who resigns or retires from employment with the law enforcement agency, whose appointment with the law enforcement agency is terminated, or who separates from the law enforcement agency for any other reason.  The report must be submitted by the head or the designee not later than the seventh business day after the date the license holder:
(1)  resigns, retires, is terminated, or separates from the agency; and
(2)  exhausts all administrative appeals available to the license holder, if applicable.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 1104 (S.B. 1445), Sec. 22(1), eff. September 1, 2023.
(c)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 1104 (S.B. 1445), Sec. 22(1), eff. September 1, 2023.
(d)  The head of the law enforcement agency from which a license holder resigns, retires, is terminated, or separates for reasons other than death, or the head's designee, shall provide to the license holder a copy of the report.  The report must be provided to the license holder not later than the seventh business day after the date the license holder:
(1)  resigns, retires, is terminated, or separates from the agency; and
(2)  exhausts all administrative appeals available to the license holder, if applicable.
(e)  If the person who is the subject of the employment termination report is deceased, the head of the law enforcement agency or the head's designee on request shall provide a copy of the report to the person's next of kin not later than the seventh business day after the date of the request.
(f)  The head of a law enforcement agency or the head's designee satisfies the obligation to provide the report required under Subsection (d) or (e) by sending by certified mail:
(1)  the report required under Subsection (d) to the last known address of the license holder if the license holder is not otherwise available; or
(2)  the report required under Subsection (e) to the last known address of the next of kin if the next of kin who requested the report is not otherwise available.
(g)  The head of a law enforcement agency or the head's designee must submit a report under this section each time a person licensed under this chapter resigns, retires, is terminated, or separates for any other reason from the agency.  The report is an official government document.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1298 (H.B. 2677), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1068 (H.B. 2445), Sec. 2, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 399 (S.B. 545), Sec. 1, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 1104 (S.B. 1445), Sec. 22(1), eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter J. Employment Records and Preemployment Procedure › Section 1701.453. Maintenance of Reports

Sec. 1701.453.  MAINTENANCE OF REPORTS.  The commission shall maintain a copy of each report submitted to the commission under this subchapter until at least the 10th anniversary of the date on which the report is submitted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 21, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 1104 (S.B. 1445), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter J. Employment Records and Preemployment Procedure › Section 1701.454. Confidentiality

Sec. 1701.454.  CONFIDENTIALITY.  (a)  All information submitted to the commission under this subchapter is confidential and is not subject to disclosure under Chapter 552, Government Code, unless the person resigned or was terminated due to substantiated incidents of excessive force or violations of the law other than traffic offenses.
(b)  Except as provided by this subchapter, a commission member or other person may not release information submitted under this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 182, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1298 (H.B. 2677), Sec. 4, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 399 (S.B. 545), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter J. Employment Records and Preemployment Procedure › Section 1701.455. Subpoena

Sec. 1701.455.  SUBPOENA.  Information submitted to the commission under this subchapter is subject to subpoena only in a judicial proceeding.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 399 (S.B. 545), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter J. Employment Records and Preemployment Procedure › Section 1701.456. Immunity From Liability

Sec. 1701.456.  IMMUNITY FROM LIABILITY.  (a)  The commission is not liable for civil damages for providing information contained in a report maintained by the commission under this subchapter if the commission released the information as provided by this subchapter.
(b)  A law enforcement agency, agency head, or other law enforcement official is not liable for civil damages for:
(1)  a report made by that agency or person if the report is made in good faith; or
(2)  making a person's information available to a hiring law enforcement agency under Section 1701.451.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1298 (H.B. 2677), Sec. 5, eff. September 1, 2005.
Acts 2021, 87th Leg., R.S., Ch. 834 (S.B. 24), Sec. 5, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1104 (S.B. 1445), Sec. 18, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter J. Employment Records and Preemployment Procedure › Section 1701.457. Limitation on Commission Authority

Sec. 1701.457.  LIMITATION ON COMMISSION AUTHORITY.  This subchapter does not authorize the commission to review disciplinary action taken by a law enforcement agency against a person licensed under this chapter or to issue a subpoena to compel the production of a document prepared or maintained by the agency in connection with a disciplinary matter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter J. Employment Records and Preemployment Procedure › Section 1701.458. Venue

Sec. 1701.458.  VENUE.  Venue for the prosecution of an offense under Section 37.10, Penal Code, that arises from a report required under this subchapter lies in the county where the offense occurred or in Travis County.
Added by Acts 2007, 80th Leg., R.S., Ch. 1068 (H.B. 2445), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter K. Disciplinary Grounds and Procedures › Section 1701.501. Disciplinary Action

Sec. 1701.501.  DISCIPLINARY ACTION.
Text of subsection effective until January 01, 2025
(a)  Except as provided by Subsection (d), the commission shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of:
(1)  this chapter;
(2)  the reporting requirements provided by Articles 2.132 and 2.134, Code of Criminal Procedure; or
(3)  a commission rule.
Text of subsection effective on January 01, 2025
(a)  Except as provided by Subsection (d), the commission shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of:
(1)  this chapter;
(2)  the reporting requirements provided by Articles 2B.0053 and 2B.0055, Code of Criminal Procedure; or
(3)  a commission rule.
(a-1)  Except with respect to an officer elected under the Texas Constitution, the commission shall revoke or suspend a law enforcement agency's authority to employ a license holder, place on probation an agency whose authority to employ a license holder has been suspended, or reprimand a law enforcement agency for a violation described by Subsection (a).
(b)  The commission may establish procedures for the revocation of a license issued under this chapter.
(c)  The commission by rule may adopt other necessary enforcement procedures.
(d)  The commission may revoke a license issued under this chapter to an officer elected under the Texas Constitution only if the officer is convicted of:
(1)  a felony; or
(2)  a criminal offense directly involving the person's duties as an officer.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 279 (H.B. 488), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 22, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.150, eff. January 1, 2025.
Acts 2023, 88th Leg., R.S., Ch. 1104 (S.B. 1445), Sec. 20, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter K. Disciplinary Grounds and Procedures › Section 1701.5011. Emergency Suspension

Sec. 1701.5011.  EMERGENCY SUSPENSION.  (a)  The commission shall adopt rules specifying the circumstances under which the commission may issue an emergency order, without a hearing, suspending a person's license for a period not to exceed 90 days after determining that the person constitutes an imminent threat to the public health, safety, or welfare.
(b)  An order suspending a license under this section must state the length of the suspension in the order.
(c)  If an emergency order is issued without a hearing under this section, the commission shall, not later than the 10th day after the date the order was issued, set the time and place for a hearing on the order.  The hearing must be conducted as soon as practicable.  A hearing under this section to affirm, modify, or set aside the emergency order shall be conducted by the State Office of Administrative Hearings.  The order shall be affirmed to the extent that good cause existed to issue the order.
(d)  The commission by rule may prescribe procedures for the determination and appeal of an emergency order issued under this section, including a rule allowing the commission to affirm, modify, or set aside a decision made by the State Office of Administrative Hearings under Subsection (c).
(e)  A proceeding under this section is a contested case under Chapter 2001, Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 1104 (S.B. 1445), Sec. 21, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter K. Disciplinary Grounds and Procedures › Section 1701.502. Felony Conviction or Placement on Community Supervision

Sec. 1701.502.  FELONY CONVICTION OR PLACEMENT ON COMMUNITY SUPERVISION.  (a)  The commission shall immediately revoke the license of a person licensed under this chapter who is convicted of a felony.
(b)  The commission shall immediately suspend the license of a person licensed under this chapter who is charged with a felony and is placed on community supervision regardless of whether the court defers further proceedings without entering an adjudication of guilt.
(c)  The commission may reinstate, as provided by commission rules, a license that is suspended under Subsection (b) when the license holder is released from community supervision.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter K. Disciplinary Grounds and Procedures › Section 1701.503. Barratry Conviction

Sec. 1701.503.  BARRATRY CONVICTION.  The commission shall immediately revoke the license of a person licensed under this chapter who is convicted of barratry under Section 38.12, Penal Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter K. Disciplinary Grounds and Procedures › Section 1701.504. Hearing

Sec. 1701.504.  HEARING.  (a)  Except as provided by Sections 1701.502 and 1701.503, if the commission proposes to suspend or revoke a person's license, the person is entitled to a hearing conducted by the State Office of Administrative Hearings.
(b)  If the commission proposes to refuse to renew a person's license, the person is entitled to a hearing conducted by the State Office of Administrative Hearings.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter K. Disciplinary Grounds and Procedures › Section 1701.505. Administrative Procedure

Sec. 1701.505.  ADMINISTRATIVE PROCEDURE.  (a)  Proceedings for a disciplinary action are governed by Chapter 2001, Government Code.
(b)  Rules of practice adopted by the commission under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter K. Disciplinary Grounds and Procedures › Section 1701.506. Appeal

Sec. 1701.506.  APPEAL.  (a)  A person dissatisfied with an action of the commission may appeal the action under Chapter 2001, Government Code.  The court shall set the matter for hearing not earlier than 10 days after written notice of the appeal is given to the commission and the commission's attorney.
(b)  The court may suspend an action of the commission pending a hearing.  The order suspending the action takes effect when served on the commission.  The commission shall provide its attorney a copy of the petition and order.
(c)  The attorney general or the district or county attorney shall represent the commission in the appeal.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter K. Disciplinary Grounds and Procedures › Section 1701.507. Administrative Penalties

Sec. 1701.507.  ADMINISTRATIVE PENALTIES.  (a)  In addition to other penalties imposed by law, a law enforcement agency or governmental entity that violates this chapter or a rule adopted under this chapter is subject to an administrative penalty in an amount set by the commission not to exceed $1,000 per day per violation.  The administrative penalty shall be assessed in a proceeding conducted in accordance with Chapter 2001, Government Code.
(b)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation;
(2)  the respondent's history of violations;
(3)  the amount necessary to deter future violations;
(4)  efforts made by the respondent to correct the violation; and
(5)  any other matter that justice may require.
(c)  The commission by rule shall establish a written enforcement plan that provides notice of the specific ranges of penalties that apply to specific alleged violations and the criteria by which the commission determines the amount of a proposed administrative penalty.
Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 23, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter L. Criminal Penalty › Section 1701.551. Criminal Penalty for Appointment or Retention of Certain Persons

Sec. 1701.551.  CRIMINAL PENALTY FOR APPOINTMENT OR RETENTION OF CERTAIN PERSONS.  (a)  A person commits an offense if the person appoints or retains another person as an officer, county jailer, or telecommunicator in violation of Section 1701.301, 1701.303, 1701.306, or 1701.405.
(b)  An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $100 and not more than $1,000.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 968 (H.B. 1951), Sec. 11, eff. January 1, 2014.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter L. Criminal Penalty › Section 1701.552. Criminal Penalty for Appointment of Person Not Certified for Investigative Hypnosis

Sec. 1701.552.  CRIMINAL PENALTY FOR APPOINTMENT OF PERSON NOT CERTIFIED FOR INVESTIGATIVE HYPNOSIS.  (a)  A person commits an offense if the person appoints or retains another person in violation of Section 1701.403.
(b)  An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $100 and not more than $1,000.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter L. Criminal Penalty › Section 1701.553. Criminal Penalty for Appointment or Retention of Persons With Certain Convictions

Sec. 1701.553.  CRIMINAL PENALTY FOR APPOINTMENT OR RETENTION OF PERSONS WITH CERTAIN CONVICTIONS.  (a)  A person commits an offense if the person appoints, employs, or retains an individual as an officer, public security officer, telecommunicator, or county jailer in violation of Section 1701.312 or 1701.313.
(b)  An offense under Subsection (a) is a state jail felony.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 855 (H.B. 3823), Sec. 11, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter L. Criminal Penalty › Section 1701.554. Venue

Sec. 1701.554.  VENUE.  Venue for the prosecution of an offense that arises from a violation of this chapter or in connection with the administration of this chapter lies in the county where the offense occurred or in Travis County.
Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 24, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter M. Visiting Resource Officer in Public School › Section 1701.601. Definition

Sec. 1701.601.  DEFINITION.  In this subchapter, "school resource officer" means a peace officer who is assigned by the officer's employing political subdivision to provide a police presence at a public school, safety or drug education to students of a public school, or other similar services.  The term does not include a peace officer who provides law enforcement at:
(1)  a public school only for extracurricular activities; or
(2)  a public school event only for extracurricular activities.
Added by Acts 2001, 77th Leg., ch. 923, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 606 (S.B. 1191), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter M. Visiting Resource Officer in Public School › Section 1701.602. License Required

Sec. 1701.602.  LICENSE REQUIRED.  A peace officer who is a visiting school resource officer in a public school must be licensed as provided by this chapter.
Added by Acts 2001, 77th Leg., ch. 923, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter M. Visiting Resource Officer in Public School › Section 1701.603. Firearms Accident Prevention Program

Sec. 1701.603.  FIREARMS ACCIDENT PREVENTION PROGRAM.  (a)  A peace officer who is a visiting school resource officer in a public elementary school shall at least once each school year offer to provide instruction to students in a firearms accident prevention program, as determined by the school district.
(b)  A firearms accident prevention program must include the safety message, "Stop!  Don't Touch.  Leave the Area.  Tell an Adult.", and may include instructional materials from the National Rifle Association Eddie Eagle GunSafe Program, including animated videos and activity books.
Added by Acts 2001, 77th Leg., ch. 923, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter M. -1. Peer Support Network for Law Enforcement Officers › Section 1701.621. Definitions

Sec. 1701.621.  DEFINITIONS.  In this subchapter:
(1)  "Law enforcement officer" means a person identified as a peace officer under Article 2.12(1), (2), (3), or (4), Code of Criminal Procedure.
(2)  "Peer" means a person who is a law enforcement officer or retired law enforcement officer.
Added by Acts 2021, 87th Leg., R.S., Ch. 508 (S.B. 64), Sec. 1, eff. June 14, 2021.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter M. -1. Peer Support Network for Law Enforcement Officers › Section 1701.622. General Powers and Duties

Sec. 1701.622.  GENERAL POWERS AND DUTIES.  (a)  The commission shall develop a peer support network for law enforcement officers.  The network must include:
(1)  peer-to-peer support;
(2)  training for peer service coordinators and peers that includes suicide prevention training;
(3)  technical assistance for program development, peer service coordinators, licensed mental health professionals, and peers; and
(4)  identification, retention, and screening of licensed mental health professionals.
(b)  As part of the peer support network for law enforcement officers, the commission shall ensure law enforcement officers have support in both urban and rural jurisdictions.
(c)  The commission shall solicit and ensure that specialized training is provided to persons who are peers and who want to provide peer-to-peer support and other peer-to-peer services under the network.
(d)  The commission may adopt rules necessary to implement this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 508 (S.B. 64), Sec. 1, eff. June 14, 2021.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter M. -1. Peer Support Network for Law Enforcement Officers › Section 1701.623. Contract With Institution of Higher Education

Sec. 1701.623.  CONTRACT WITH INSTITUTION OF HIGHER EDUCATION.  The commission may contract with an institution of higher education that has appropriate expertise in mental health or law enforcement to develop the peer support network under this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 508 (S.B. 64), Sec. 1, eff. June 14, 2021.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter M. -1. Peer Support Network for Law Enforcement Officers › Section 1701.624. Confidentiality of Participant Information

Sec. 1701.624.  CONFIDENTIALITY OF PARTICIPANT INFORMATION.  Information relating to a law enforcement officer's participation in peer-to-peer support and other peer-to-peer services under the network is confidential and may not be disclosed under Chapter 552, Government Code, by:
(1)  the commission;
(2)  a law enforcement agency that employs a law enforcement officer participant; or
(3)  any other state agency or political subdivision in this state that employs a law enforcement officer participant.
Added by Acts 2021, 87th Leg., R.S., Ch. 508 (S.B. 64), Sec. 1, eff. June 14, 2021.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter M. -1. Peer Support Network for Law Enforcement Officers › Section 1701.625. Protections Related to Licensure

Sec. 1701.625.  PROTECTIONS RELATED TO LICENSURE.  A law enforcement officer's participation in peer-to-peer support and other peer-to-peer services under the network may not:
(1)  serve as the basis for a revocation, suspension, or denial of a license issued under this chapter; or
(2)  be considered in any proceeding related to the officer's licensure under this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 508 (S.B. 64), Sec. 1, eff. June 14, 2021.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter M. -1. Peer Support Network for Law Enforcement Officers › Section 1701.626. Annual Report

Sec. 1701.626.  ANNUAL REPORT.  Not later than December 1 of each year, the commission shall submit a report to the governor and the legislature that includes:
(1)  the number of law enforcement officers who received peer support through the peer support network for law enforcement officers;
(2)  the number of peers and peer service coordinators trained;
(3)  an evaluation of the services provided under this subchapter; and
(4)  recommendations for program improvements.
Added by Acts 2021, 87th Leg., R.S., Ch. 508 (S.B. 64), Sec. 1, eff. June 14, 2021.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter N. Body Worn Camera Program › Section 1701.651. Definitions

Text of section effective until January 01, 2025
Sec. 1701.651.  DEFINITIONS.  In this subchapter:
(1)  "Body worn camera" means a recording device that is:
(A)  capable of recording, or transmitting to be recorded remotely, video or audio; and
(B)  worn on the person of a peace officer, which includes being attached to the officer's clothing or worn as glasses.
(2)  "Department" means the Department of Public Safety of the State of Texas.
(3)  "Private space" means a location in which a person has a reasonable expectation of privacy, including a person's home.
Added by Acts 2015, 84th Leg., R.S., Ch. 1134 (S.B. 158), Sec. 1, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(7), eff. January 1, 2025.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter N. Body Worn Camera Program › Section 1701.652. Grants for Body Worn Cameras

Text of section effective until January 01, 2025
Sec. 1701.652.  GRANTS FOR BODY WORN CAMERAS.  (a)  A police department of a municipality in this state, a sheriff of a county in this state who has received the approval of the commissioners court for the purpose, or the department may apply to the office of the governor for a grant to defray the cost of implementing this subchapter and to equip peace officers with body worn cameras if that law enforcement agency employs officers who:
(1)  are engaged in traffic or highway patrol or otherwise regularly detain or stop motor vehicles; or
(2)  are primary responders who respond directly to calls for assistance from the public.
(b)  The office of the governor shall set deadlines for applications for grants under this chapter.
(c)  Except as provided by Subsection (d), the office of the governor shall create and implement a matching grant program under which matching funds from federal, state, local, and other funding sources may be required as a condition of the grant.  A law enforcement agency that receives a grant under this section is required to match 25 percent of the grant money.
(d)  The department is eligible for grants under this subchapter but may not be made subject to any requirement for matching funds.
(e)  The governor's office may conditionally award a grant to a law enforcement agency that has not adopted and implemented the policy under Section 1701.655 or implemented the training required under Section 1701.656, but money may not be disbursed to a law enforcement agency until the agency fully complies with those sections.
Added by Acts 2015, 84th Leg., R.S., Ch. 1134 (S.B. 158), Sec. 1, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(7), eff. January 1, 2025.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter N. Body Worn Camera Program › Section 1701.6521. Grants for Body Worn Camera Data Storage

Text of section effective until January 01, 2025
Sec. 1701.6521.  GRANTS FOR BODY WORN CAMERA DATA STORAGE.  (a)  A law enforcement agency in this state that provides body worn cameras to its peace officers may apply to the office of the governor for a grant to defray the cost of data storage for recordings created with the body worn cameras.
(b)  The grant program established by this section may be funded by federal funds or by gifts, grants, and donations.
Added by Acts 2021, 87th Leg., R.S., Ch. 327 (H.B. 1938), Sec. 1, eff. September 1, 2021.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(7), eff. January 1, 2025.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter N. Body Worn Camera Program › Section 1701.653. Reporting

Text of section effective until January 01, 2025
Sec. 1701.653.  REPORTING.  (a)  As a condition of receiving a grant under this subchapter, a law enforcement agency annually shall report to the commission regarding the costs of implementing a body worn camera program, including all known equipment costs and costs for data storage.
(b)  The commission shall compile the information submitted under Subsection (a) into a report and submit the report to the office of the governor and the legislature not later than December 1 of each year.
Added by Acts 2015, 84th Leg., R.S., Ch. 1134 (S.B. 158), Sec. 1, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(7), eff. January 1, 2025.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter N. Body Worn Camera Program › Section 1701.654. Interagency or Interlocal Contracts

Text of section effective until January 01, 2025
Sec. 1701.654.  INTERAGENCY OR INTERLOCAL CONTRACTS.  A law enforcement agency in this state may enter into an interagency or interlocal contract to receive body worn camera services and have the identified operations performed through a program established by the Department of Information Resources.
Added by Acts 2015, 84th Leg., R.S., Ch. 1134 (S.B. 158), Sec. 1, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(7), eff. January 1, 2025.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter N. Body Worn Camera Program › Section 1701.655. Body Worn Camera Policy

Text of section effective until January 01, 2025
Sec. 1701.655.  BODY WORN CAMERA POLICY.  (a)  A law enforcement agency that receives a grant to provide body worn cameras to its peace officers or that otherwise operates a body worn camera program shall adopt a policy for the use of body worn cameras.
(b)  A policy described by Subsection (a) must ensure that a body worn camera is activated only for a law enforcement purpose and must include:
(1)  guidelines for when a peace officer should activate a camera or discontinue a recording currently in progress, considering the need for privacy in certain situations and at certain locations;
(2)  provisions relating to data retention, including a provision requiring the retention of video for a minimum period of 90 days;
(3)  provisions relating to storage of video and audio, creation of backup copies of the video and audio, and maintenance of data security;
(4)  provisions relating to the collection of a body worn camera, including the applicable video and audio recorded by the camera, as evidence;
(5)  guidelines for public access, through open records requests, to recordings that are public information;
(6)  provisions entitling an officer to access any recording of an incident involving the officer before the officer is required to make a statement about the incident;
(7)  procedures for supervisory or internal review; and
(8)  the handling and documenting of equipment and malfunctions of equipment.
(c)  A policy described by Subsection (a) may not require a peace officer to keep a body worn camera activated for the entire period of the officer's shift.
(c-1)  A policy described by Subsection (a) must require a peace officer who is equipped with a body worn camera and actively participating in an investigation to keep the camera activated for the entirety of the officer's active participation in the investigation unless the camera has been deactivated in compliance with that policy.
(d)  A policy adopted under this section must be consistent with the Federal Rules of Evidence and Texas Rules of Evidence.
Added by Acts 2015, 84th Leg., R.S., Ch. 1134 (S.B. 158), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 798 (H.B. 929), Sec. 2, eff. September 1, 2021.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(7), eff. January 1, 2025.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter N. Body Worn Camera Program › Section 1701.656. Training

Text of section effective until January 01, 2025
Sec. 1701.656.  TRAINING.  (a)  Before a law enforcement agency may operate a body worn camera program, the agency must provide training to:
(1)  peace officers who will wear the body worn cameras; and
(2)  any other personnel who will come into contact with video and audio data obtained from the use of body worn cameras.
(b)  The commission, in consultation with the department, the Bill Blackwood Law Enforcement Management Institute of Texas, the W. W. Caruth Jr. Police Institute at Dallas, and the Texas Police Chiefs Association, shall develop or approve a curriculum for a training program under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 1134 (S.B. 158), Sec. 1, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(7), eff. January 1, 2025.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter N. Body Worn Camera Program › Section 1701.657. Recording Interactions With the Public

Text of section effective until January 01, 2025
Sec. 1701.657.  RECORDING INTERACTIONS WITH THE PUBLIC.  (a)  A peace officer equipped with a body worn camera shall act in a manner that is consistent with the policy of the law enforcement agency that employs the officer with respect to when and under what circumstances a body worn camera must be activated.
(b)  A peace officer equipped with a body worn camera may choose not to activate a camera or may choose to discontinue a recording currently in progress for any encounter with a person that is not related to an investigation.
(c)  A peace officer who does not activate a body worn camera in response to a call for assistance must include in the officer's incident report or otherwise note in the case file or record the reason for not activating the camera.
(d)  Any justification for failing to activate the body worn camera because it is unsafe, unrealistic, or impracticable is based on whether a reasonable officer under the same or similar circumstances would have made the same decision.
Added by Acts 2015, 84th Leg., R.S., Ch. 1134 (S.B. 158), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 798 (H.B. 929), Sec. 3, eff. September 1, 2021.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(7), eff. January 1, 2025.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter N. Body Worn Camera Program › Section 1701.658. Use of Personal Equipment

Text of section effective until January 01, 2025
Sec. 1701.658.  USE OF PERSONAL EQUIPMENT.  (a)  If a law enforcement agency receives a grant under Section 1701.652, a peace officer who is employed by the agency and who is on duty may only use a body worn camera that is issued and maintained by that agency.
(b)  Notwithstanding any previous policies, an agency may not allow its peace officers to use privately owned body worn cameras after receiving a grant described by this section.
(c)  A peace officer who is employed by a law enforcement agency that has not received a grant described by this section or who has not otherwise been provided with a body worn camera by the agency that employs the officer may operate a body worn camera that is privately owned only if permitted by the employing agency.
(d)  An agency that authorizes the use of privately owned body worn cameras under Subsection (c) must make provisions for the security and compatibility of the recordings made by those cameras.
Added by Acts 2015, 84th Leg., R.S., Ch. 1134 (S.B. 158), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 327 (H.B. 1938), Sec. 2, eff. September 1, 2021.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(7), eff. January 1, 2025.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter N. Body Worn Camera Program › Section 1701.659. Offense

Text of section effective until January 01, 2025
Sec. 1701.659.  OFFENSE.  (a)  A peace officer or other employee of a law enforcement agency commits an offense if the officer or employee releases a recording created with a body worn camera under this subchapter without permission of the applicable law enforcement agency.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2015, 84th Leg., R.S., Ch. 1134 (S.B. 158), Sec. 1, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(7), eff. January 1, 2025.