AUSTIN, Texas — A Texas legislative commission tasked with overseeing state agencies reported that the way Texas regulates law enforcement is not good enough.
The Texas Commission on Law Enforcement regulates law enforcement in the state.
The Sunset Advisory Commission found three issues with the agency:
Issue 1: Texas’ approach to regulating law enforcement is ineffective.
Key recommendations:
- Establish a blue ribbon panel to comprehensively evaluate the regulation of law enforcement in Texas and make recommendations for needed changes.
- Continue the Texas Commission on Law Enforcement for two years, until 2025.
Issue 2: Key elements of TCOLE’s statute and procedures do not conform to common licensing and regulatory standards.
Key recommendations:
- Direct TCOLE to work with DPS to subscribe to rap backs on fingerprint-based criminal background checks for all licensure applicants and licensees.
- Clearly authorize TCOLE to maintain confidentiality of complainants when possible.
- Explicitly authorize TCOLE to temporarily suspend a license in cases of imminent threat to public health, safety, or welfare, and require a timeline for due process hearings.
- Require TCOLE to establish and maintain a system for LEAs to report failed fit-for-duty exams or refusals to be examined, and authorize TCOLE to suspend licensees under limited circumstances.
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Issue 3: TCOLE’s statute does not reflect some standard elements of sunset reviews.
Key recommendations:
- Update the standard across-the-board requirement related to commission member training.
- Authorize the commission to establish advisory committees in rule."
The report shows that a comprehensive look at the agency is necessary.
“Rather than attempting to repair a fundamentally broken system, a comprehensive look at how the state regulates law enforcement is necessary to make needed changes to best protect the health, safety, and welfare of the public, as well as law enforcement personnel," the report states.
The Sunset staff report is one of three reports. The second report will contain the first one plus the commission's decisions on which recommendation to present to the Texas Legislature and which ones the agency should implement. The third report will contain the previous two plus the Legislature's final action.