Tex.
Occ. Code Section 1701.167
Policy Regarding Examination of License Holder or Applicant
(a)
The commission, with input from an advisory committee, shall adopt a model policy prescribing standards and procedures for the medical and psychological examination of a license holder or person for whom a license is sought by a law enforcement agency to ensure the license holder or person is able to perform the duties for which the license is required. The model policy must:(1)
apply to examinations of:(A)
a person to whom Section 1701.306 (Psychological and Physical Examination) applies;(B)
a person licensed as an officer or county jailer who is appointed as an officer or county jailer after the 180th day after the person’s last date of service as an officer or county jailer;(C)
school marshals, as described by Section 1701.260 (Training for Holders of License to Carry a Handgun; Certification of Eligibility for Appointment as School Marshal); and(D)
a license holder, if ordered by the law enforcement agency employing the license holder for just cause;(2)
require, for an examination described by Subdivision (1)(D), that the employing agency:(A)
provide to the license holder written notice of the examination that includes the reasons for the examination not later than the 10th business day before the deadline to submit to the examination; and(B)
report to the commission, in the manner prescribed by the commission, the refusal of the license holder to submit to the examination within the period provided by Paragraph (A); and(3)
require the reporting to the commission, in the manner prescribed by the commission, of a license holder’s failed examination, unless the license holder submits to and successfully completes an applicable treatment program within a reasonable time, as prescribed by the commission.(b)
Each law enforcement agency in this state 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.(c)
The providing of notice by a law enforcement agency to the commission of a license holder’s refusal to submit to an examination does not preclude the agency employing the license holder from taking disciplinary action against the license holder, including termination of the license holder’s employment with the agency.(d)
The commission shall issue an order requiring a license holder who refuses to submit to an examination required by a policy adopted under Subsection (b) to show cause for the license holder’s refusal at a hearing on the order scheduled for not later than the 30th day after the date notice is served on the license holder. The commission shall provide notice under this section by personal service or by registered mail, return receipt requested.(e)
At the hearing, the license holder may appear in person and by counsel and present evidence to justify the license holder’s refusal to submit to examination. After the hearing, the commission shall issue an order requiring the license holder to submit to an examination under this section or withdrawing the request for the examination.(f)
Unless the request is withdrawn, the commission may suspend or otherwise restrict the license of a license holder who refuses to submit to the examination.(g)
An appeal from the commission’s order under this section is governed by Chapter 2001 (Administrative Procedure), Government Code.(h)
If the results of an examination under this section show that the license holder does not meet the standards of the policy adopted under Subsection (b), the commission shall suspend the license holder’s license.(i)
Records relating to a request or order of the commission or a hearing or examination conducted under this section, including, if applicable, the identity of the person notifying the commission that a license holder may not meet the standards required by the policy adopted under Subsection (b), are confidential and not subject to disclosure under Chapter 552 (Public Information), Government Code.(j)
An order issued by the commission regarding a license holder that is based on information obtained during an examination under this section may only reference the statutory basis for the order and may not disclose the reason for the examination.
Source:
Section 1701.167 — Policy Regarding Examination of License Holder or Applicant, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1701.htm#1701.167 (accessed Apr. 20, 2024).
