Texas § OC.1701.4522 - MISCONDUCT INVESTIGATION AND HIRING PROCEDURES

§ OC.1701.4522. MISCONDUCT INVESTIGATION AND HIRING PROCEDURES

MISCONDUCT INVESTIGATION AND HIRING PROCEDURES. (a) The commission shall adopt a model policy establishing procedures applicable to a law enforcement agency: (1) investigating alleged misconduct by a license holder employed by the agency; and (2) hiring a license holder. (b) The policy adopted under this section must: (1) require a law enforcement agency to: (A) initiate an appropriate administrative or criminal investigation into alleged misconduct of a license holder employed by the law enforcement agency at the time the agency becomes aware of the alleged misconduct; (B) complete the investigation described by Paragraph (A) in a timely manner, as prescribed by the commission; (C) report an investigation into alleged criminal misconduct for which criminal charges are filed against the license holder to the commission in a timely manner after the investigation is completed; (D) complete an administrative investigation of alleged misconduct and prepare and submit to the commission a summary report on the investigation, including the disposition of the investigation and any informational findings, in a format prescribed by the commission, in a timely manner but not later than the 30th day after the date of the license holder's separation from the agency, if applicable; (E) include documentation of the completed investigation in the personnel file, as described by Section 1701.4535 , of the license holder maintained by the agency; and (F) submit to the commission each report of a completed investigation; (2) provide that an investigation into the alleged misconduct of a license holder may not be terminated by the resignation, retirement, termination, death, or separation from employment of the license holder; (3) specify that a license holder under investigation for misconduct is entitled to any internal due process procedures provided by the investigating agency to contest the investigation or completed report; (4) require a law enforcement agency to request and review any information regarding an applicant for employment maintained by the commission in the licensing status database established under Section 1701.168 as part of the preemployment procedures required under Section 1701.451 (a); (5) establish a provisional hiring period of at least 45 days for any license holder employed by a law enforcement agency and allow a law enforcement agency to terminate the employment of the license holder if information relating to an investigation of alleged misconduct by the license holder is made available to the agency by the commission as part of the preemployment procedures required under Section 1701.451 (a) within the provisional period; and (6) take into account the variation in size, function, and jurisdiction of law enforcement agencies in this state. (c) A law enforcement agency shall adopt the model policy described by Subsection (a) or a substantively similar policy. A policy adopted by a law enforcement agency under this section must be submitted to the commission and the commission shall maintain a copy of the policy. (d) The commission shall maintain each report received under a policy adopted under this section as part of the license holder's record in the licensing status database established under Section 1701.168 . (e) The commission shall notify a law enforcement agency seeking to appoint a license holder of a completed investigation report submitted to the commission with respect to the license holder not later than the fifth business day after the date the commission receives the report. Added by Acts 2023, 88th Leg., R.S., Ch. 1104 (S.B. 1445 ), Sec. 15, eff. September 1, 2023.