87R6390 JCG-F     By: Rodriguez H.B. No. 3654       A BILL TO BE ENTITLED   AN ACT   relating to the powers and duties of the Texas Commission on Law   Enforcement and law enforcement agencies regarding law enforcement   officers and the use of body cameras; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1701.154, Occupations Code, is amended   to read as follows:          Sec. 1701.154.  FEES.  (a) The commission may establish   reasonable and necessary fees for the administration of this   chapter, including reasonable and necessary fees for the   administration of Section 1701.257.          (b)  The commission shall establish a fee for the issuance of   a license under this chapter as follows:                (1)  $80 for a peace officer license; and                (2)  $25 for a license issued under this chapter other   than a license described by Subdivision (1).          SECTION 2.  Subchapter D, Chapter 1701, Occupations Code, is   amended by adding Section 1701.165 to read as follows:          Sec. 1701.165.  MODEL POLICY ON USE OF FORCE. (a) The   commission shall develop and make available to all law enforcement   agencies in this state a model policy and associated training   materials regarding the use of force by peace officers. The model   policy must:                (1)  be designed to minimize the number and severity of   incidents in which peace officers use force and include an emphasis   on conflict de-escalation and the use of force in a manner   proportionate to the threat posed and to the seriousness of the   alleged offense; and                (2)  be consistent with the guiding principles on the   use of force issued by the Police Executive Research Forum.          (b)  In developing a model policy under this section, the   commission shall consult with:                (1)  law enforcement agencies and organizations,   including the Police Executive Research Forum and other national   experts on police management and training; and                (2)  community organizations.          (c)  On request of a law enforcement agency, the commission   shall provide the agency with training regarding the policy   developed under Subsection (a).          SECTION 3.  Section 1701.307(a), Occupations Code, is   amended to read as follows:          (a)  The commission shall issue an appropriate officer or   county jailer license to a person who, as required by this chapter:                (1)  submits an application;                (2)  completes the required training;                (3)  passes the required examination;                (4)  is declared to be in satisfactory psychological   and emotional health and free from drug dependency or illegal drug   use; [and]                (5)  demonstrates weapons proficiency; and                (6)  pays any required fees.          SECTION 4.  Section 1701.3071(a), Occupations Code, is   amended to read as follows:          (a)  The commission shall issue a telecommunicator license   to a person who:                (1)  submits an application;                (2)  completes the required training;                (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   telecommunicator; and                (5)  pays any required fees.          SECTION 5.  The heading to Subchapter K, Chapter 1701,   Occupations Code, is amended to read as follows:   SUBCHAPTER K. DISCIPLINARY GROUNDS AND PROCEDURES          SECTION 6.  Subchapter K, Chapter 1701, Occupations Code, is   amended by adding Section 1701.5015 to read as follows:          Sec. 1701.5015.  CERTAIN GROUNDS FOR DISCIPLINE OF PEACE   OFFICER. (a)  The commission by rule shall establish grounds under   which the commission shall suspend or revoke a peace officer   license on a determination by the commission that the license   holder's continued performance of duties as a peace officer   constitutes a threat to the public welfare.          (b)  The grounds under Subsection (a) must include:                (1)  lack of competence in performing the license   holder's duties as a peace officer;                (2)  illegal drug use or an addiction that   substantially impairs the license holder's ability to perform the   license holder's duties as a peace officer;                (3)  lack of truthfulness in court proceedings or other   governmental operations, including:                      (A)  making a false statement in an offense report   or other report as part of an investigation, unless the false   statement is recanted not later than the 10th day after the date the   false statement is made;                      (B)  making a false statement to obtain employment   as a peace officer;                      (C)  making a false entry in court records or   tampering with evidence, regardless of whether the license holder   is prosecuted or convicted for the false entry or tampering; or                      (D)  engaging in conduct designed to impair the   results or procedure of an examination or testing process   associated with obtaining employment as a peace officer or a   promotion to a higher rank;                (4)  failure to follow the directives of a supervising   officer or to follow the policies of the employing law enforcement   agency;                (5)  discriminatory conduct, including engaging in a   course of conduct or a single egregious act, based on the race,   color, religion, sex, pregnancy, national origin, age, disability,   or sexual orientation of another that would cause a reasonable   person to believe that the license holder is unable to perform the   license holder's duties as a peace officer in a fair manner; or                (6)  conduct indicating a pattern of:                      (A)  excessive use of force;                      (B)  abuse of official capacity;                      (C)  inappropriate relationships with persons in   the custody of the license holder;                      (D)  sexual harassment or sexual misconduct while   performing the license holder's duties as a peace officer; or                      (E)  misuse of information obtained as a result of   the license holder's employment as a peace officer and related to   the enforcement of criminal offenses.          SECTION 7.  Section 1701.655(b), Occupations Code, is   amended to read as follows:          (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)  guidelines for public access, through open records   requests, to recordings that are public information;                (5)  [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;                [(6)]  procedures for supervisory or internal review;   and                (6) [(7)]  the handling and documenting of equipment   and malfunctions of equipment.          SECTION 8.  Section 1701.660, Occupations Code, is amended   to read as follows:          Sec. 1701.660.  RECORDINGS AS EVIDENCE. (a) Except as   provided by Subsections (a-1) and (b), a recording created with a   body worn camera and documenting an incident that involves the use   of deadly force by a peace officer or that is otherwise related to   an administrative or criminal investigation of an officer may not   be deleted or [,] destroyed[, or released to the public] until all   criminal matters have been finally adjudicated and all related   administrative investigations have concluded.          (a-1)  A law enforcement agency shall [may] permit a person   who is depicted in a recording of an incident described by   Subsection (a) or, if the person is deceased, the person's   authorized representative, to view the recording, on request of the   applicable person, provided that [the law enforcement agency   determines that the viewing furthers a law enforcement purpose and   provided that] any authorized representative who is permitted to   view the recording was not a witness to the incident. [A person   viewing a recording may not duplicate the recording or capture   video or audio from the recording.] A permitted viewing of a   recording under this subsection is not considered to be a release of   public information for purposes of Chapter 552, Government Code.          (b)  A law enforcement agency shall adopt a policy for   releasing [may release] to the public a recording described by   Subsection (a) that prioritizes access to the recording in the   following order:                (1)  the civilian oversight system associated with the   law enforcement agency, if any;                (2)  the officer who used deadly force or is under   investigation and the individual who is the subject of the   recording, or if the individual is deceased, the individual's   authorized representative, and any attorney representing the   officer, individual, or representative described in this   subdivision; and                (3)  the public [if the law enforcement agency   determines that the release furthers a law enforcement purpose].          [(c)  This section does not affect the authority of a law   enforcement agency to withhold under Section 552.108, Government   Code, information related to a closed criminal investigation that   did not result in a conviction or a grant of deferred adjudication   community supervision.]          SECTION 9.  Not later than January 1, 2022, the Texas   Commission on Law Enforcement shall:                (1)  develop and make available the model policy and   associated training materials required under Section 1701.165,   Occupations Code, as added by this Act; and                (2)  adopt the rules required by Section 1701.5015,   Occupations Code, as added by this Act.          SECTION 10.  Section 1701.154, Occupations Code, as amended   by this Act, applies only to an application for a license issued   under Chapter 1701, Occupations Code, that is submitted on or after   the effective date of this Act. An application submitted before the   effective date of this Act is governed by the law in effect on the   date the application was submitted, and the former law is continued   in effect for that purpose.          SECTION 11.  Section 1701.5015, Occupations Code, as added   by this Act, applies only to conduct that occurs on or after January   1, 2022.  Conduct that occurs before January 1, 2022, is governed by   the law in effect immediately before the effective date of this Act,   and the former law is continued in effect for that purpose.          SECTION 12.  This Act takes effect September 1, 2021.