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AN ACT
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relating to certain employment records maintained by the Commission |
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on Law Enforcement Officer Standards and Education; providing an |
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administrative penalty. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 1701.451, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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�������(a)��Before a law enforcement agency may hire a person |
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licensed under this chapter, the agency head or the agency head's |
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designee must: |
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�������������(1)��make a written request to the commission for any |
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employment termination report regarding the person that is |
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maintained by the commission under this subchapter; and |
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�������������(2)��submit to the commission on the form prescribed by |
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the commission confirmation that the agency: |
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�������������������(A)��conducted in the manner prescribed by the |
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commission a criminal background check regarding the person; |
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�������������������(B)��obtained the person's written consent on a |
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form prescribed by the commission for the agency to view the |
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person's employment records; |
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�������������������(C)��obtained from the commission any service or |
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education records regarding the person maintained by the |
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commission; and |
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�������������������(D)��contacted each of the person's previous law |
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enforcement employers. |
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�������(a-1)��A law enforcement agency that obtains a consent form |
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described by Subsection (a)(2)(B) shall make the person's |
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employment records available to a hiring law enforcement agency on |
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request. |
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�������SECTION�2.��Section 1701.452, Occupations Code, is amended |
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to read as follows: |
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�������Sec.�1701.452.��EMPLOYMENT TERMINATION REPORT. (a) �The |
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head of a law enforcement agency or the head's designee�shall submit |
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a report to the commission on a form prescribed by the commission |
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regarding a person licensed under this chapter who resigns or |
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retires from [the] employment with [of] the law enforcement agency, |
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[or] whose appointment with the law enforcement agency is |
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terminated, or who separates from the law enforcement agency for |
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any other reason. �The report must be submitted by the head or the |
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designee not later than the seventh business day after the date the |
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license holder: |
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�������������(1)��resigns, retires, or separates from the agency; or |
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�������������(2)��exhausts all administrative appeals available to |
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the license holder if the license holder was terminated based on an |
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allegation of misconduct. |
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�������(b)��The [agency] head of a law enforcement agency or the |
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head's designee�shall include in the report required under |
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Subsection (a) a statement on whether the license holder was |
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honorably discharged, generally discharged, or dishonorably |
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discharged and, as required by the commission, [:
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�������������[(1)] an explanation of the circumstances under which |
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the person resigned, retired, or was terminated. �For purposes of |
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this subsection: |
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�������������(1)��"Honorably discharged" means a license holder who, |
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while in good standing and not because of pending or final |
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disciplinary actions or a documented performance problem, retired, |
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resigned, or separated from employment with or died while employed |
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by a law enforcement agency. |
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�������������(2)��"Generally discharged" means a license holder who: |
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�������������������(A)��was terminated by, retired or resigned from, |
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or died while in the employ of a law enforcement agency and the |
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separation was related to a disciplinary investigation of conduct |
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that is not included in the definition of dishonorably discharged; |
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or |
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�������������������(B)��was terminated by or retired or resigned from |
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a law enforcement agency and the separation was for a documented |
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performance problem and was not because of a reduction in workforce |
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or an at-will employment decision. |
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�������������(3)��"Dishonorably discharged" means a license holder |
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who: |
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�������������������(A)��was terminated by a law enforcement agency or |
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retired or resigned in lieu of termination by the agency in relation |
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to allegations of criminal misconduct; or |
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�������������������(B)��was terminated by a law enforcement agency or |
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retired or resigned in lieu of termination by the agency for |
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insubordination or untruthfulness. |
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�������(c)��The commission by rule may further specify the |
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circumstances that constitute honorably discharged, dishonorably |
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discharged, and generally discharged within the definitions |
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provided by Subsection (b)[; and
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�������������[(2)��one of the following designations:
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�������������������[(A)
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retired, which applies only to an officer
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who:
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�������������������������[(i)
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left the agency while in good
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standing; and
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�������������������������[(ii)��is eligible to collect a pension;
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�������������������[(B)
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honorably discharged, which applies only to
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an officer who:
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�������������������������[(i)
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left the agency while in good standing
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to pursue other career interests or for personal reasons other than
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retirement; and
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�������������������������[(ii)
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did not leave the agency while under
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investigation for a criminal violation or while facing disciplinary
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action, including suspension, demotion, or termination;
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�������������������[(C)
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dishonorably discharged, which applies only
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to an officer whose employment was terminated for a violation of law
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or department policy or for other substantiated misconduct;
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�������������������[(D)
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generally discharged, which applies only to
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an officer who left the agency:
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�������������������������[(i)
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for less than honorable reasons but
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did not leave the agency because of pending or final disciplinary
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action; or
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�������������������������[(ii)
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while under investigation for a
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potential criminal violation or in lieu of disciplinary action,
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including suspension, demotion, or termination;
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�������������������[(E)
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killed in the line of duty, which applies
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only to an officer who was killed while performing the officer's
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duties as a peace officer in or outside this state;
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�������������������[(F)
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died, which applies only to an officer who
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died for a reason that is not described by Paragraph (E); or
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�������������������[(G)
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disabled, which applies only to an officer
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who was unable to fulfill the officer's duties as a peace officer
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because of an injury or illness]. |
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�������(d)�[(b)]��The head of the law enforcement agency from which |
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a license holder�[person] resigns, retires, [or] is terminated, or |
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separates for reasons other than death, or the head's designee, |
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shall provide to the license holder�[person] a copy of the report. � |
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The report must be provided to the license holder not later than the |
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seventh business day after the date the license holder: |
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�������������(1)��resigns, retires, or separates from the agency; or |
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�������������(2)��exhausts all administrative appeals available to |
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the license holder if the license holder was terminated based on an |
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allegation of misconduct. |
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�������(e)��If the person who is the subject of the employment |
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termination report is deceased, the head of the law enforcement |
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agency or the head's designee�on request shall provide a copy of the |
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report to the person's next of kin not later than the seventh |
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business day after the date of the request. |
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�������(f)��The head of a law enforcement agency or the head's |
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designee satisfies the obligation to provide the report required |
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under Subsection (d) or (e) by sending by certified mail: |
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�������������(1)��the report required under Subsection (d) to the |
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last known address of the license holder if the license holder is |
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not otherwise available; or |
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�������������(2)��the report required under Subsection (e) to the |
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last known address of the next of kin if the next of kin who |
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requested the report is not otherwise available. |
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�������(g)�[(c)]��The head of a law enforcement agency or the head's |
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designee must submit a report under this section each time a person |
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licensed under this chapter resigns, retires, [or] is terminated, |
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or separates for any other reason from the agency. The report is an |
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official government document. |
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�������SECTION�3.��Subchapter J, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.4521 to read as follows: |
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�������Sec.�1701.4521.��LICENSE SUSPENSION FOR OFFICER |
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DISHONORABLY DISCHARGED. �(a) �The commission shall suspend the |
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license of an officer licensed under this chapter on notification |
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that the officer has been dishonorably discharged if the officer |
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has previously been dishonorably discharged from another law |
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enforcement agency. |
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�������(b)��An officer whose license is suspended under this section |
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may appeal the suspension in writing to the commission not later |
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than the 30th day after the date the officer is suspended. |
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�������(c)��After a commission determination, the commission may |
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revoke or reinstate the officer's license in accordance with rules |
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or procedures adopted by the commission under this chapter related |
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to revocation or reinstatement of a license. The commission shall |
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revoke the officer's license if the officer does not appeal the |
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suspension before the 30th day after the date the officer is |
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suspended. |
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�������(d)��The commission's decision does not affect: |
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�������������(1)��the employment relationship between an officer |
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licensed under this chapter and a law enforcement agency; or |
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�������������(2)��any disciplinary action taken against an officer |
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licensed under this chapter by a law enforcement agency. |
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�������SECTION�4.��Section 1701.4525, Occupations Code, is amended |
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by amending Subsection (e) and adding Subsection (f) to read as |
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follows: |
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�������(e)��In a proceeding under Subsection (b) to contest the |
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commission's order or under Subsection (c) to correct an employment |
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termination report for an order or report based on alleged |
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misconduct, an administrative law judge shall determine if the |
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alleged misconduct occurred by a preponderance of the evidence |
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regardless of whether the person who is the subject of the report |
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was terminated or the person resigned, retired, or separated in |
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lieu of termination. �If the alleged misconduct is not supported by |
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a preponderance of the evidence, the administrative law judge shall |
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order the report to be changed. |
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�������(f)��The commission shall adopt rules for the administration |
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of this section. |
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�������SECTION�5.��Subchapter J, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.458 to read as follows: |
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�������Sec.�1701.458.��VENUE. �Venue for the prosecution of an |
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offense under Section 37.10, Penal Code, that arises from a report |
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required under this subchapter lies in the county where the offense |
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occurred or in Travis County. |
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�������SECTION�6.��The changes in law made by this Act in relation |
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to employment termination reports apply only to a report under |
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Subchapter J, Chapter 1701, Occupations Code, as amended by this |
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Act, regarding a resignation or termination that occurs on or after |
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the effective date of this Act. An employment termination report |
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regarding a resignation or termination that occurs before the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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�������SECTION�7.��This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 2445 was passed by the House on April |
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26, 2007, by the following vote:��Yeas 143, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2445 on May 23, 2007, by the following vote:��Yeas 145, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 2445 was passed by the Senate, with |
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amendments, on May 21, 2007, by the following vote:��Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate��� |
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APPROVED: __________________ |
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����������������Date������� |
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�������� __________________ |
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��������������Governor������� |