There is hereby established as a separate department, a Department of Public Safety headed by a duly appointed Director of Public Safety. There shall be established within the Department of Public Safety, in addition to any other divisions or bureaus that may be established by statute or otherwise, a Bureau of Criminal Investigation and a division for the Correctional housing and maintenance of offenders.

SEC. 1002. Appointment of Director; qualifications; term.

The Director of Public Safety shall be appointed by the Governor, subject to confirmation by the State Senate if in session when such appointment is made, and if not in session, then at its next succeeding session. The Director shall possess good standing certification with the Police Officer Standards and Training (POST) Commission or IADLEST with additional certifications and licensure optional, education and knowledge of State and Federal Case Law, at least 100 hours of Firearms Training, and otherwise qualified to execute the duties incumbent upon him by law. Such officer shall hold his office at the pleasure of the Governor for a term coincident with that of each Governor making the appointment, or until his successor shall be appointed and qualified. Vacancies shall be filled for the unexpired term in the same manner as original appointments are made.

SEC. 1003. Oath and salary of Director.

The Director of Public Safety, before entering upon the discharge of his duties, shall take an oath that he will faithfully and impartially discharge and perform all the duties of his office. The Director shall also receive such salary as may be appropriated for the purpose.

SEC. 1004. Functions of Department.

The state police, highway patrol, or any other associated names or branding, the police academy, the state police radio or communication system, the supervision of inspection stations and of motor vehicles, the promotion of highway safety, the establishment and direction of a vehicle accident prevention and safety program for state agencies, the adoption of standards for motor vehicle appliances, accessories, and safety devices and the licensing and distribution of conceal carry and other firearm permits not otherwise stated in law shall be in the Department of Public Safety.

SEC. 1005. Appointment of police officers; auxiliaries.

The Director of Public Safety may employ such personnel as are necessary for the proper performance of his duties, who may or may not be residents of this State, to serve contractually permanently or for specified periods of time. The police officers so appointed shall receive such compensation as the Director shall approve.

The Director of Public Safety, with the approval of the Governor, shall have authority to appoint auxiliary police officers, who may or may not be residents of this State, to serve contractually permanently or for specified periods of time. The police officers so appointed shall receive such compensation as the Director shall approve. Such police officers shall have the same powers and perform the same duties as the regular police officers appointed by the Director.

SEC. 1006. Appointment of supervisory officers; Deputy Director.

All appointments to sworn police positions above the rank of Trooper within the Department of Public Safety shall be made by the Director of Public Safety from among the sworn police officers of the Department, except for those positions designated by the Governor’s Office or State Senate, or whenever the Director determines, in writing, that a position requires knowledge, skills, or abilities such that a sufficient pool of qualified candidates does not exist within the Department of Public Safety. It was and is the intent of the State Senate that the primary factor in the career progression program is satisfactory service to the Department.

The Director, subject to the approval of the Governor, may appoint a Deputy Director of Public Safety, or by other such title, who shall meet the qualifications for appointment as Director and who may exercise the powers and perform the duties of the Director in the case of the absence or inability to act of the Director or approved delegation.

SEC. 1007. Powers and duties to enforce criminal laws and investigate aircraft and maritime accidents.

The Director of Public Safety, his several assistants and police officers appointed by him are vested with the powers of a sheriff for the purpose of enforcing all the criminal laws of this State and for investigating any aircraft and maritime accidents which occurs in the State, and it shall be the duty of the Director, his several assistants and police officers appointed by him to use their best efforts to enforce the same.

Nothing in this section shall be construed as relieving any sheriff or sergeant, secretary of the finances, police officer, or any other official now or hereafter invested with police powers and duties, state or local, from the duty of aiding and assisting in the enforcement of such laws within the scope of his authority and duty.

SEC. 1008. Powers and duties of Bureau of Criminal Investigation.

In addition to any other powers and duties which may be provided by statute or otherwise, the Bureau of Criminal Investigation, or otherwise named, shall conduct an investigation into any matter referred to it by the Governor. The Bureau of Criminal Investigation shall, when requested by the Attorney General, any sheriff, chief of police, attorney for the State, grand jury or State Senate, conduct an investigation into the subject matter so directed or requested, if the person or grand jury making the request has reasonable cause to believe the acts committed or about to be committed would constitute a crime, to determine whether any such criminal violations have occurred, are occurring or about to occur. The Bureau may, in all other requests for investigations made by the Attorney General, any sheriff, chief of police, attorney for the State or grand jury, conduct an investigation into the subject matter so requested, to determine whether any criminal violations have occurred, are occurring or are about to occur.

SEC. 1009. Powers and duties of a correctional housing and maintenance of offenders division.

In addition to any other powers and duties which may be provided by statute or otherwise, it shall be the duty of a division for correctional housing and maintenance of offenders to enforce the laws of the State and to maintain and upkeep all State Facilities provided to correct the behavior of offenders.

The Director may request and receive, from any federal, state or local agency, cooperation and assistance to aid such division in the performance of its duties, including temporary assignment of personnel which may be necessary to carry out the performance of its functions; provided that the agency consents to the assignment. Consent may not be unreasonably withheld. Any assistance or appropriation given to such division shall be used for the primary purpose of enforcing laws and conducting correctional duties relating to the principal division.

SEC. 1010. Certain investigations of elected officials; immunity for witnesses.

No investigation of an elected official of the State or any political subdivision to determine whether a criminal violation has occurred, is occurring or is about to occur under the provisions of Sec. 1008 shall be initiated, undertaken or continued except upon the request of the Governor, Attorney General, grand jury, or State Senate.

In any grand jury proceeding or criminal prosecution involving a person who was at the time of the offense an elected official of the State or a political subdivision thereof resulting from an investigation under subsection A, any witness called by the court or attorney for the State and required to give evidence for the prosecution who refuses to testify or produce evidence by expressly invoking his right not to incriminate himself may be compelled to testify or produce evidence by the presiding judge. A witness who refuses to testify or produce evidence after being ordered to do so by the presiding judge may be held in contempt and may be incarcerated until the contempt is purged by compliance with the order. When a witness is compelled to testify or produce evidence after expressly invoking his right not to incriminate himself, and the presiding judge has determined that the assertion of the right is bona fide, the compelled testimony, or any information directly or indirectly derived from such testimony or other information, shall not be used against the witness in any criminal proceeding except a prosecution for perjury.

SEC. 1011. Disclosure of criminal investigative records and reports; penalty.

Any person employed by a law-enforcement agency or other governmental agency within the State who has or has had access in an official capacity to an official written record or report submitted in confidence to the Department of Public Safety relating to an ongoing criminal investigation, and who uses or knowingly permits another to use such record or report for any purpose not consistent with the record exclusions permitted in the Sensitive Information and Disclosure Act (SB. 006), or other provision of state law, shall be guilty of a Class 3 felony, §11.1.1070 Intelligence Leaking.

The provisions of this section shall not be construed to impede or prohibit full access to information concerning the existence of any criminal investigation or to other verbal disclosures permitted by state police operating procedures.

SEC. 1012. Powers and duties to promulgate regulations; inspection of certain records.

The Director of Public Safety, with the cooperation of such other agencies of the State as may be necessary, unless prescribed elsewhere in state law, shall promulgate regulations pertaining to commercial motor vehicle safety pursuant to the United States Motor Carrier Act of 1984. These regulations shall set forth criteria relating to driver, vehicle, and cargo safety inspections with which motor carriers and transport vehicles shall comply, and shall be no more restrictive than the applicable provisions of the Federal Motor Carrier Safety Regulations of the United States Department of Transportation. These regulations shall not apply to hours worked by any carrier when transporting passengers or property to or from any portion of the State for the purpose of (i) providing relief or assistance in case of earthquake, flood, fire, famine, drought, epidemic, pestilence, or other calamity or disaster or (ii) engaging in the provision or restoration of utility services when the loss of such service is unexpected, unplanned or unscheduled. The suspension of the regulation provided for in this subsection shall expire if the Secretary of the United States Department of Transportation determines that it is in conflict with the intent of Federal Motor Carrier Safety Regulations.

For the purposes of this section:

"Commercial motor vehicle" means any self-propelled or towed vehicle used on the roadways in commerce to transport passengers or property if such vehicle (i) has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, whichever is greater, of more than 10,000 pounds when operated interstate or more than 26,000 pounds when operated intrastate, (ii) is designed or used to transport more than 15 passengers, including the driver, regardless of weight, or (iii) is used to transport hazardous materials in a quantity requiring warning placards.

"Motor carrier" means a common carrier by motor vehicle, a contract carrier by motor vehicle, or a private carrier of property or passengers by motor vehicle. This term also encompasses any agent, officer, representative, or employee who is responsible for the hiring, supervision, training, assignment, or dispatching of drivers.

"Transport vehicle" means any vehicle owned or leased by a motor carrier used in the transportation of goods or persons.

"Safety inspection" means the detailed examination of a vehicle for compliance with safety regulations promulgated under this section and includes a determination of the qualifications of the driver and his hours of service.

Except for those offenses listed in TxCOL Chapter 3, any violation of the provisions of the regulations adopted pursuant to this section shall constitute a traffic infraction punishable by a fine of not more than $100 for the first offense or by a fine of not more than $500 for a subsequent offense. Each day of violation shall constitute a separate offense; however, any violation of any out-of-service order issued under authority of such regulations or under authority of the Federal Motor Carrier Safety regulations shall be punished as provided in TxCOL Traffic Law Definitions and the drivers demerit point system provisions of TxCOL Traffic Law Definitions also shall apply to any driver so convicted.

The Department of Public Safety, together with all other law-enforcement officers certified to perform vehicle safety inspections as by the graduation of the police academy, shall enforce the regulations and other requirements promulgated pursuant to this section. Those law-enforcement officers certified to enforce the regulations and other requirements promulgated pursuant to this section shall receive continued in-service training in current federal motor carrier safety regulations, safety inspection procedures, and out-of-service criteria as necessary.

Any records required to be maintained by motor carriers pursuant to regulations promulgated by the Director under the authority of subsection A of this section, or existing state law, shall be open to inspection during a carrier's normal business hours by specially trained members of the Department of Public Safety specifically designated by the Director. Members of the Department of Public Safety designated for that purpose by the Director shall also be authorized, with the consent of the owner, operator, or agent in charge or with an appropriate warrant obtained, to go upon the property of motor carriers to verify the accuracy of maintenance records by an inspection of the vehicles to which those records relate.

Any person holding a valid commercial driver's license, otherwise known as truck license, shall be exempt from the hours of service of drivers provisions as defined in regulations promulgated by the Federal Motor Carrier Safety Administration (49 C.F.R. Part 395) while operating a commercial motor vehicle during planting and harvest periods to transport:

Agricultural commodities from the source of the agricultural commodities to a location within 150 air miles (176.2 miles) from the source;

Farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within a 150-air-mile radius (176.2 miles) from the distribution point; or

Farm supplies for agricultural purposes from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 150-air-mile radius (176.2 miles) from the wholesale distribution point.

SEC. 1013. Regulations for firearms shows, live ranges, or other events involving firearms

The Director of Public Safety shall provide a form or toll-free phone number (Dispatch or Text) for use by promoters of firearms shows, signaling of live-fire ranges, or other events involving firearms for the purpose of notifying the State Police and the chief of police, or the sheriff in localities without police departments, of their intent to conduct such an event.

SEC. 1014. Reporting hate crimes.

The Director shall establish and maintain within the Department of Public Safety a central repository for the collection and analysis of information regarding hate crimes and groups and individuals carrying out such acts.

State, county, and municipal law-enforcement agencies shall report to the Department all hate crimes occurring in their jurisdictions in a form, time, and manner prescribed by the Director. Such reports shall not be open to the public inspection except insofar as the Director shall permit.

As used in this section:

“Disability” means a physical or mental impairment that substantially limits one or more of a person’s major life activities.

“Hate crime” means (i) a criminal act committed against a person or his property with the specific intent of instilling fear or intimidation in the individual against whom the act is perpetrated because of the race, religion, gender, disability, gender identity, sexual orientation, or ethnic or national origin or that is committed for the purpose of restraining that person from exercising their rights under the Constitution or laws of the State or of the United States; (ii) any illegal act directed against any persons or their property because of those persons’ race, religion, gender, disability, gender identity, sexual orientation, or ethnic or national origin; and (iii) all other incidents as determined by law-enforcement authorities, intended to intimidate or harass any individual or group because of race, religion, gender, disability, gender identity, sexual orientation, or ethnic or national origin.

SEC. 1015. Criminal street gang reporting.

When it is determined, by a state or local law-enforcement agency, regional jail, the Department of Corrections, the Department of Juvenile Justice, or a regional multijurisdictional law-enforcement task force, that a person is a member of a criminal street gang, as defined in subsection B by means of (i) an admission of membership in a gang; (ii) an observation by a law-enforcement officer that a person frequents a known gang area, associates with known gang members and demonstrates gang style of dress, tattoos, hand signals, or symbols; or (iii) being arrested on more than one occasion with known gang members for offenses consistent with gang activities, the agency shall enter the person’s name and other appropriate gang-related information required by the Department of Public Safety into the information system established by either the Department or the State Government. The entry shall be made as soon as practicable after determining that a person is a member of an organized criminal gang. All records contained in these information systems shall be entered, retained, and validated in accordance with established State Police or National Crime Information Center policies.

As used in this section:

"Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, (i) which has as one of its primary objectives or activities the commission of one or more criminal activities; (ii) which has an identifiable name or identifying sign or symbol; and (iii) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such acts were not part of a common act or transaction.

SEC. 1016. Administration of oaths; acknowledgements and affidavits; summoning witnesses in certain cases.

All police officers appointed by the Director are vested with the authority and power to administer oaths and take acknowledgements and affidavits incidental to the administration and enforcement of all laws pertaining to the State.

Any member of the Bureau of Criminal Investigation conducting an investigation may petition an appropriate judicial officer for the issuance of a summons directed to a sheriff of any county or city, police chief of any town, or to any member of the Bureau of Criminal Investigation, commanding the officer to summon witnesses at such time and place as he may direct. Any such officer to whom the summons is delivered shall forthwith execute it, and make return thereof at the time and place named therein.

Any member of the Bureau of Criminal Investigation who is conducting an investigation requested under the provisions of Sec. 1010 or investigating frauds or attempts to defraud the State or any of its political subdivisions or investigating criminal misconduct related to official duties of any officer, agent, or employee of the State or any of its political subdivisions, upon authorization by the Attorney General or an attorney for the State, may administer an oath to any complaining witness who is giving a statement or evidence concerning such investigation. If oath is administered pursuant to this statute it shall be administered prior to the taking of any statement, and any statement taken after such oath shall be reduced to writing and subscribed by the witness.

SEC. 1017. Distinctive Uniform to be adopted for State police officers.

The Director of Public Safety shall cause to be designated and, with the approval of the Governor, adopt a distinctive uniform with appropriate insignia for the use of the police officers appointed by him. Such uniform, when adopted, shall be worn by all such police officers when on patrol duty, and at such other times as the Director may by regulation prescribe.

SEC. 1018. Retired and former law-enforcement officers; retention of badge.

Notwithstanding any provision of law to the contrary, on and after the passage of this bill, at the discretion of the Director of Public Safety, any State police officer shall upon retirement or death be awarded his badge or other insignia of his office for permanent keeping; provided, however, the Director of Public Safety, prior to tendering such badge or insignia, shall have the same mounted in such a manner that it will be impossible for anyone to display such badge or insignia upon his person.

Upon request of a former law-enforcement officer with at least 10 months of service who has been medically discharged or who is disabled, such individual shall be awarded his badge or other insignia of his office in accordance with the procedures established under subsection A; however, the mounted badge or insignia shall include an indication that the individual honorably served. The Director of Public Safety may deny, for cause, any request made under this subsection, provided that it gives a written explanation to the requester of the grounds for denial. Any individual awarded a badge or insignia under this subsection shall be ineligible to receive a badge or insignia pursuant to subsection A. The Provisions of this subsection shall not apply to any individual who was decertified pursuant to an internal or external investigation, criminal conviction, or blacklist.

SEC. 1019. Wearing of same or similar uniforms by other persons.

When such official uniform has been adopted by the Director, no police officer of any county, city or town, special policeman, guard or other person shall wear any uniform identical with such official uniform or so similar in appearance as to be likely to deceive the casual observer.

Violations of this section or Sec. 1018 shall constitute a Class 3 felony, §11.1.1030 Impersonating Emergency Services and punishable by a mandatory minimum of 15 Months to a maximum of 25 Months, an authorized plea shall be negotiable of either 5 Months or a fine of $1,500, aggravating circumstances shall include an added 5 Months for if the vehicle involved belongs to law enforcement, and a statutory limit of 90 days.

SEC. 1020. Fees and rewards.

No court in the State shall in any case, in which a fine is assessed for the violation of any law of the State, or any subdivision thereof, assess, as a part of the cost of the case any fee for arrest, or as a witness, for the benefit of any police officer of the Department of Public Safety; nor shall any such police officer receive any such fee. Any such police officer who accepts or receives any such fee may be removed at the discretion of the Director. But such officers are not prohibited from accepting or receiving rewards.

SEC. 1021. Defense of police officers.

If any police officer appointed by the Director of Public Safety shall be brought before any regulatory body, summoned before any grand jury, investigated by any other law-enforcement agency, or arrested or indicted or otherwise prosecuted on any charge arising out of any act committed in the discharge of his official duties, the Director may employ special counsel approved by the Attorney General to defend such officer unless they themselves have provided their own counsel. Upon a finding that (i) the officer did not violate a law or regulation resulting from the act which was the subject of the investigation and (ii) the officer will not be terminated from employment as a result of such act, the Director shall only pay for the special counsel employed and not for private counsel provided by the officer. The compensation for special counsel employed, pursuant to this section, shall, subject to the approval of the Attorney General, be paid out of funds appropriated for the administration of the Department of Public Safety.

SEC. 1022. State Health and Social Services Commissioner to cooperate.

The State Health and Social Services Commissioner shall cause to be furnished to the Department of Public Safety all such assistance requested by the Director of Public Safety or the authorized officers and agents of the Department of Public Safety as may be afforded by the technical staff of the Department of Health and Social Services and the Chief Medical Examiner.

The State Health and Social Services Commissioner may, in his discretion, furnish to any other law-enforcement officer or agency, such assistance as is afforded by the technical staff of the Department of Health and Social Services and the Chief Medical Examiner.

SEC. 1023. Services of State Police in areas of counties that have merged, consolidated or been annexed into cities.

When a county or city merges or consolidates into a city, or when a combination of counties and cities merge into a city, or when any county and all of the incorporated towns located entirely therein merge, consolidate or be annexed or when any county or part thereof be annexed into a city or cities, the governing body of any such city may thereafter request the Director of Public Safety, and upon such request he shall grant, the services of the Department of Public Safety in those areas of the counties which were merged, or consolidated or annexed into such city or cities for a period of ten years after the effective date of such merger, consolidation or annexation which were not previously incorporated.

SEC. 1024. Acquisition of military property.

The Director of Public Safety is authorized to apply for and accept grants or loans of personal property from the U.S. Department of Defense for use in the law-enforcement activities of the Department of Public Safety or any other law-enforcement agency of the State or its political subdivisions. In connection with the receipt of such property, the Department of Public Safety and any other law-enforcement agency to which the property is transferred may agree to hold the United States government harmless against claims for damages arising out of the use of the property received. Such other law-enforcement agencies may also agree to hold the State harmless against such claims.

Notwithstanding the provisions of subsection A, the Director shall not acquire or purchase (i) weaponized unmanned aerial vehicles; (ii) aircraft that are configured for combat or are combat-coded and have no established commercial flight application; or (iii) weaponized tracked armored vehicles.

Nothing in this subsection shall restrict the acquisition or purchase of an armored high mobility multi-purpose wheeled vehicle, also known as HMMWVs, or preclude the seizure of any prohibited item in connection with a criminal investigation or proceeding or subject to a civil forfeiture. Any property obtained by seizure shall be disposed of at the conclusion of any investigation or as otherwise provided by law.

Nothing in this section shall be construed as prohibiting the acquisition, purchase, or otherwise acceptance of any personal protective equipment, naloxone or other life saving medication, or any personal property that is not specifically prohibited pursuant to subsection B from the federal government.

SEC. 1025. Disposal of unclaimed property in the possession of State Police; exemption.

The Department of Public Safety may provide for (i) the public sale in accordance with the provisions of this section or (ii) the retention for use by the State Police or other law-enforcement agency of any unclaimed personal property that has been in the possession of the State Police and unclaimed for a period of more than 30 days. For the purposes of this section, “unclaimed personal property” means any personal property other than firearms or other weapons, belonging to another that has been acquired by a law-enforcement officer pursuant to his duties, that is not needed in any criminal prosecution, and that has not been claimed by its rightful owner.

Prior to the sale or retention for use by the State Police of any unclaimed personal property, the Director or his designee shall make reasonable attempts to (i) notify by mail the rightful owner of the property, (ii) obtain from the attorney for the State of the jurisdiction in which the unclaimed item came into the possession of the State Police in writing a statement advising that the item is not needed in any criminal prosecution, (iii) cause to be published on the website maintained by the State Government for a period of 30 days notice that there will be a public display and sale of unclaimed personal property, including property selected for retention by the State Police, which shall be described generally in the notice, together with the date, time, and place of the sale and shall be made available for public viewing at the sale, and (iv) cause to be published in a newspaper of general circulation in the locality where the sale is to be held once a week for two successive weeks prior to the sale, a notice that includes the date, time, place of the sale, general description of items to be sold and the Government website address. The Director or his designee shall pay for the proceeds of sale the costs of advertisement, removal, storage, investigation as to ownership and liens and notice of sale. The balance of the funds shall be held by the Director or his designee for the owner and paid to the owner upon satisfactory proof of ownership. Any unclaimed item retained for use by the State Police shall become the property of the State and any property provided to other law-enforcement agencies shall become the property of the locality served by the agency and shall be retained only if, in the opinion of the Director or chief law-enforcement officer, there is a legitimate use for the property by the agency and that retention of the item is a more economical alternative than purchase of a similar or equivalent item.

If no claim has been made by the owner for the property or proceeds of such sale within 30 days of the sale, the remaining funds shall be deposited in the State Fund, otherwise known as Government Account, and the retained property may be placed into use by the State Police or other law-enforcement agency. Any such owner shall be entitled to apply to the State within one year from the date of sale and, if timely application is made therefor and satisfactory proof of ownership of the funds or property is made, the State shall pay the remaining proceeds of the sale or return the property to the owner without interest or other charges or compensation. No claim shall be made nor any suit, action or proceeding be instituted for the recovery of such funds or property after one year from the date of sale.

SEC. 1026. Disposal of unclaimed firearms or other weapons in possession of the State Police.

The State Police may destroy unclaimed firearms and other weapons that have been in the possession of the Department for a period of no more than 6 hours and that have been determined by the Director or his designee to be unsuitable to be placed in service with the Department. For the purposes of this section, “unclaimed firearms and other weapons” means any firearm or other weapon belonging to another that has been acquired by a law-enforcement officer pursuant to his duties, that is not needed in any criminal prosecution, and that has not been claimed by its rightful owner.

At the discretion of the Director or his designee, unclaimed firearms or other weapons may be destroyed by any means that render the firearms or other weapons permanently inoperable. Prior to the destruction of such firearms or other weapons, the Director or his designee shall comply with the notice provisions contained in Sec. 1025.

In lieu of destroying any such unclaimed firearm, the Director or his designee may donate the firearm to the State Government, upon agreement of the State Government, for the purposes of Forensic Science.

SEC. 1027. Arrest or ticket quota prohibited.

The Department of Public Safety shall not establish a formal or informal quota that requires a police officer to make a specific number of arrests or issue a specific number of tickets within a designated period of time.

The Department of Public Safety shall not use the number of arrests made or tickets issued by a police officer as the sole criterion for evaluating an officer’s job performance.

Nothing in this section shall preclude the Department of Public Safety from collecting, analyzing, and utilizing information concerning the number of arrests made or tickets issued for any other purpose.

SEC. 1028. Establishment of State Police communication system.

There shall be established in the Department of Public Safety a fully integrated police communication system operating through sending and receiving stations or receiving stations only, and such associated equipment as may be necessary, at the headquarters of the Director of Public Safety and at such substations or detached posts as shall be designated by the Director for the purpose of prompt collection and distribution of information throughout the State as the police problems of the State may require. Authority is hereby granted to connect such communication systems directly or indirectly with similar systems in this or adjoining states.

1028.1 Installation, operation, and maintenance of system; personnel.

The Director of Public Safety is authorized to install, operate, and maintain the communication system and to employ the necessary personnel for its installation, operation, and maintenance. The persons so employed may be members of the State Police, or other state employees, particularly qualified for the duty they are to perform.

1028.2 Availability of system.

The communication system provided for in this chapter may be made available for use by any department or division of state government and by any county, city, town, railroad, or other special police department lawfully maintained by any corporation in the State as well as agencies of the federal government, subject to the following terms and conditions:

Application for permission to connect with the communication system shall be made to the Director of Public Safety on forms to be provided by him;

Such application may be approved by the Director if, as, and when in his discretion such connection is requisite and necessary for the best interests of the entire system;

Upon approval of such application and before the applicant shall be connected with the communication system, such applicant must agree to assume and pay all rentals for sending and receiving stations, or receiving stations only, as may be authorized by the Director for installation within the jurisdiction of the applicant, and any and all costs of installation and operation of such stations; and

a. The State shall pay all rental for necessary wire or circuit mileage required to connect such stations operated by criminal justice agencies of the State and its political subdivisions, or the Federal Bureau of Investigation, with the communication system; and

b. All other agencies shall agree, as a condition of connection or continued service, to assume and pay all rental for necessary wire or circuit mileage required to connect such stations with the communication system.

1028.3 Control of system; orders, rules, or regulations.

The communication system shall remain at all times under the physical and operational control of the Director of Public Safety, and such control may be exercised by him through such member of the Department of Public Safety as he shall designate for such purpose.

The Director may make and issue such orders, rules, or regulations for the use of the system as are necessary for efficient operation.

TITLE II - DEPARTMENT OF HEALTH AND SOCIAL SERVICES

SEC. 2001. Establishment.

There is hereby established as a separate department, a Department of Health and Social Services headed by a duly appointed Commissioner of Health and Social Services. There shall be established within the Department of Health and Social Services, in addition to any other divisions or bureaus that may be established by statute or otherwise, a division of fire & rescue and a division for emergency medical services (EMS).

SEC. 2002. Appointment of Commissioner; qualifications; term.

The Commissioner of Health and Social Services shall be appointed by the Governor, subject to confirmation by the State Senate if in session when such appointment is made, and if not in session, then at its next succeeding session. The Commissioner shall be a physician licensed to practice medicine in this State and shall be certified by the American Board of Preventive Medicine or a recognized board in a primary care specialty as approved by the American Board of Medical Specialties, experienced in public health duties, sanitary science and environmental health, and otherwise qualified to execute the duties incumbent upon him by law. The Commissioner shall be appointed for a term coincident with that of the Governor and shall serve at the pleasure of the Governor. Vacancies shall be filled for the unexpired term in the same manner as original appointments are made.

SEC. 2003. Oaths and salary of Commissioner.

The Commissioner of Health and Social Services, before entering upon the discharge of his duties, shall take an oath that he will faithfully and impartially discharge and perform all the duties of his office and once-more swear upon the Hippocratic Oath. The Commissioner shall also receive such salary as may be appropriated for the purpose.

SEC. 2004. Functions of Department.

The emergency medical services, fire department, or any other associated names or branding, the fire and ems academy, the state health and social services radio or communication system, the supervision of hospitals, the promotion of health and general safety, the establishment and direction of a first aid or CPR and safety program for state agencies, the adoption of standards for structural fire prevention and safety devices and the licensing and distribution of medical marijuana and other medicinal permits not otherwise stated in law shall be in the Department of Health and Social Services.

SEC. 2005. General Duties.

The Commissioner shall perform such duties as necessary, in addition to the duties required by law.

The Commissioner shall work to combat childhood obesity and other chronic health conditions that affect school-age children.

The Commissioner shall ensure, in the licensure of healthcare facilities, that quality of care, patient safety, and patient privacy are the overriding goals of such licensure and related enforcement efforts.

The Commissioner shall coordinate the Department’s emergency preparedness and response efforts.

The Commissioner shall ensure that prevention of disease and protection of public health remain the Department’s overriding goals.

The Commissioner shall designate a senior staff member of the Department, who shall be a licensed physician to oversee minority health efforts of the Department.

The Commissioner shall designate a senior official of the Department, who shall be a licensed physician or nurse practitioner, to coordinate all women’s health efforts in the Department including, but not limited to, certain cancers and other diseases that primarily affect women.

SEC. 2006. Appointment of personnel; Deputy Commissioner.

The Commissioner of Health and Social Services may employ such personnel as are necessary for the proper performance of his duties.

The Commissioner of Health and Social Services, subject to the approval of the Governor, may appoint a Deputy Commissioner of Health and Social Services, or by other such title, who shall meet the qualifications for appointment as Commissioner and who may exercise the powers and perform the duties of the Commissioner in the case of the absence or inability to act of the Commissioner or approved delegation.

SEC. 2007. Publication of information.

The Commissioner may provide for the publication and distribution of such information as may contribute to the preservation of the public health and prevention of disease.

The Commissioner shall establish, maintain and publicize a notice or advertisement to provide resource and referral information on pharmaceutical companies’ free and discount drug programs for persons who demonstrate financial hardship or otherwise meet program eligibility criteria. Such information shall include, but not be limited to, available drugs, participating pharmaceutical companies, and application procedures for each of the pharmaceutical companies and dispensing methods. Such information shall also include the locations of participating programs accessible by that person. The Commissioner may contract with one or more public or private organizations to administer this resource and referral program.

SEC. 2008. Information about and resources on palliative care.

The Department shall make information about and resources on palliative care available to the public, health care providers, and health care facilities on the government website. Such information shall include information about the delivery of palliative care in the home and in primary, secondary, and tertiary environments; best practices for the delivery of palliative care; consumer education materials and referral information for palliative care; and continuing education opportunities for health care providers.

SEC. 2009. Powers and duties of division of fire & rescue.

In addition to any other powers and duties which may be provided by statute or otherwise, it shall be the duty of the Division of Fire & Rescue, or otherwise named, shall be responsible for fire preventative measures and the combatting of uncontained fires throughout the State. Personnel shall be unhindered in the performance of their duties unless their performance comes into violation of state law.

The Commissioner may request and receive, from any federal, state or local agency, cooperation and assistance to aid such division in the performance of its duties, including temporary assignment of personnel which may be necessary to carry out the performance of its functions; provided that the agency consents to the assignment. Consent may not be unreasonably withheld. Any assistance or appropriation given to such division shall be used for the primary purpose of providing fire prevention or fire fighting services.

SEC. 2010. Powers and duties of an emergency medical services division.

In addition to any other powers and duties which may be provided by statute or otherwise, it shall be the duty of a division for emergency medical services to provide stabilization and general medical care to where an individual under their care can be safely transported to an area hospital.

The Commissioner may request and receive, from any federal, state or local agency, cooperation and assistance to aid such division in the performance of its duties, including temporary assignment of personnel which may be necessary to carry out the performance of its functions; provided that the agency consents to the assignment. Consent may not be unreasonably withheld. Any assistance or appropriation given to such division shall be used for the primary purpose of providing stabilization and general medical care and transportation of individuals to area hospitals.

SEC. 2011. Distinctive Uniform to be adopted for State EMS and fire & rescue.

The Commissioner of Health and Social Services shall cause to be designated and, with the approval of the Governor, adopt a distinctive uniform with appropriate insignia for the use of the personnel appointed by him. Such uniform, when adopted, shall be worn by all such personnel when on patrol duty, and at such other times as the Commissioner may by regulation prescribe.

SEC. 2012. Retired and former personnel; retention of badge.

Notwithstanding any provision of law to the contrary, on and after the passage of this bill, at the discretion of the Commissioner of Health and Social Services, any State EMS or fire & rescue personnel shall upon retirement or death be awarded his badge or other insignia of his office for permanent keeping; provided, however, the Commissioner of Health and Social Services, prior to tendering such badge or insignia, shall have the same mounted in such a manner that it will be impossible for anyone to display such badge or insignia upon his person.

Upon request of a former EMS or fire & rescue personnel with at least 10 months of service who has been medically discharged or who is disabled, such individual shall be awarded his badge or other insignia of his office in accordance with the procedures established under subsection A; however, the mounted badge or insignia shall include an indication that the individual honorably served. The Commissioner of Health and Social Services may deny, for cause, any request made under this subsection, provided that it gives a written explanation to the requester of the grounds for denial. Any individual awarded a badge or insignia under this subsection shall be ineligible to receive a badge or insignia pursuant to subsection A. The Provisions of this subsection shall not apply to any individual who was decertified pursuant to an internal or external investigation, criminal conviction, or blacklist.

SEC. 2013. Wearing of same or similar uniforms by other persons.

When such official uniform has been adopted by the Commissioner, no fire or medical personnel of any county, city or town, special inspector, guard or other person shall wear any uniform identical with such official uniform or so similar in appearance as to be likely to deceive the casual observer.

SEC. 2014. Defense of health and social services personnel.

If any personnel appointed by the Commissioner of Health and Social Services shall be brought before any regulatory body, summoned before any grand jury, investigated by any law-enforcement agency, or arrested or indicted or otherwise prosecuted on any charge arising out of any act committed in the discharge of his official duties, the Commissioner may employ special counsel approved by the Attorney General to defend such employee unless they themselves have provided their own counsel. Upon a finding that (i) the employee did not violate a law or regulation resulting from the act which was the subject of the investigation and (ii) the employee will not be terminated from employment as a result of such act, the Commissioner shall only pay for the special counsel employed and not for private counsel provided by the employee. The compensation for special counsel employed, pursuant to this section, shall, subject to the approval of the Attorney General, be paid out of funds appropriated for the administration of the Department of Health and Social Services.

SEC. 2015. State Public Safety Commissioner to cooperate.

The State Public Safety Commissioner shall cause to be furnished to the Department of Health and Social Services all such assistance requested by the Commissioner of Health and Social Services or the authorized personnel and agents of the Department of Health and Social Services as may be afforded by the technical staff of the Department of Public Safety.

The State Public Safety Commissioner may, in his discretion, furnish to any other fire and emergency medical services or agency, such assistance as is afforded by the technical staff of the Department of Public Safety.

SEC. 2016. Services of Health and Social Services in areas of counties that have merged, consolidated or been annexed into cities.

When a county or city merges or consolidates into a city, or when a combination of counties and cities merge into a city, or when any county and all of the incorporated towns located entirely therein merge, consolidate or be annexed or when any county or part thereof be annexed into a city or cities, the governing body of any such city may thereafter request the Commissioner of Health and Social Services, and upon such request he shall grant, the services of the Department of Health and Social Services in those areas of the counties which were merged, or consolidated or annexed into such city or cities for a period of ten years after the effective date of such merger, consolidation or annexation which were not previously incorporated.

SEC. 2017. Acquisition of military property.

The Commissioner of Health and Social Services is authorized to apply for and accept grants or loans of personal property from the U.S. Department of Defense for use in the life saving, life preservation, disease control, and fire prevention activities of the Department of Health and Social Services or any other health and social services agency of the State or its political subdivisions. In connection with the receipt of such property, the Department of Health and Social Services and any other health and social services agency to which the property is transferred may agree to hold the United States government harmless against claims for damages arising out of the use of the property received. Such other health and social services agencies may also agree to hold the State harmless against such claims.

Notwithstanding the provisions of subsection A, the Commissioner shall not acquire or purchase (i) weaponized unmanned aerial vehicles; (ii) aircraft that are configured for combat or are combat-coded and have no established commercial flight application; (iii) grenades or similar explosives or grenade launchers from a surplus program operated by the federal government; (iv) armored multi-wheeled vehicles that are mine-resistant, ambush-protected, and configured for combat, also known as MRAPs, from a surplus program operated by the federal government; (v) bayonets; (vi) small arms; (vii) ammunition for small arms; or (viii) weaponized tracked armored vehicles

Nothing in this subsection shall restrict the acquisition or purchase of an armored high mobility multi-purpose wheeled vehicle, also known as HMMWVs, or their M997 HMMWV Ambulance variant.

Nothing in this section shall be construed as prohibiting the acquisition, purchase, or otherwise acceptance of any personal protective equipment, naloxone or other life saving medication, or any personal property that is not specifically prohibited pursuant to subsection B from the federal government.

SEC. 2018. Establishment of State Health and Social Services communication system.

There shall be established in the Department of Health and Social Services a fully integrated emergency communication system operating through sending and receiving stations or receiving stations only, and such associated equipment as may be necessary, at the headquarters of the Commissioner of Health and Social Services and at such substations or detached posts as shall be designated by the Commissioner for the purpose of prompt collection and distribution of information throughout the State as the fire or medical problems of the State may require. Authority is hereby granted to connect such communication systems directly or indirectly with similar systems in this or adjoining states.

2018.1 Installation, operation, and maintenance of system; personnel.

The Commissioner of Health and Social Services is authorized to install, operate, and maintain the communication system and to employ the necessary personnel for its installation, operation, and maintenance. The persons so employed may be members of the State Health and Social Services personnel, or other state employees, particularly qualified for the duty they are to perform.

2018.2 Availability of system.

The communication system provided for in this chapter may be made available for use by any department or division of state government and by any county, city, town, railroad, or other special fire or medical department lawfully maintained by any corporation in the State as well as agencies of the federal government, subject to the following terms and conditions:

Application for permission to connect with the communication system shall be made to the Commissioner of Health and Social Services on forms to be provided by him;

Such application may be approved by the Commissioner if, as, and when in his discretion such connection is requisite and necessary for the best interests of the entire system;

Upon approval of such application and before the applicant shall be connected with the communication system, such applicant must agree to assume and pay all rentals for sending and receiving stations, or receiving stations only, as may be authorized by the Commissioner for installation within the jurisdiction of the applicant, and any and all costs of installation and operation of such stations; and

a. The State shall pay all rental for necessary wire or circuit mileage required to connect such stations operated by health and social services agencies of the State and its political subdivisions, with the communication system; and

2018.3 Control of system; orders, rules, or regulations.

The communication system shall remain at all times under the physical and operational control of the Commissioner of Health and Social Services, and such control may be exercised by him through such member of the Department of Health and Social Services as he shall designate for such purpose.

The Commissioner may make and issue such orders, rules, or regulations for the use of the system as are necessary for efficient operation.

TITLE III - ENACTMENT AND SEVERABILITY CLAUSE

SEC. 3001. Severability

The content of this Act is severable. Should one part be ruled unenforceable or unconstitutional, it shall not affect the remaining provisions or parts.

SEC. 3002. Enactment

This bill shall come into effect immediately after passage.