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A BILL TO BE ENTITLED
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AN ACT
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relating to the hiring and training of and policies for peace |
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officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter F, Chapter 1701, |
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Occupations Code, is amended to read as follows: |
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SUBCHAPTER F. TRAINING PROGRAMS, [AND] SCHOOLS, AND POLICIES |
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SECTION 2. Subchapter F, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.2551 to read as follows: |
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Sec. 1701.2551. BASIC PEACE OFFICER TRAINING COURSE. (a) |
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The basic peace officer training course required as part of a peace |
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officer training program under Section 1701.251(a) may be no less |
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than 720 hours. |
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(b) The basic peace officer training course must include |
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training on: |
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(1) the prohibition against the intentional use of a |
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choke hold, carotid artery hold, or similar neck restraint by a |
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peace officer in searching or arresting a person, unless the |
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officer reasonably believes the restraint is necessary to prevent |
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serious bodily injury to or the death of the peace officer or |
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another person; |
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(2) the duty of a peace officer acting in an official |
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capacity to intervene to stop or prevent another peace officer from |
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using force against a person suspected of committing an offense if |
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the scene is secure and the amount of force exceeds that which the |
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officer reasonably believes is necessary under the circumstances; |
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and |
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(3) the duty of a peace officer acting in an official |
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capacity to render aid to a person who has suffered serious bodily |
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injury from the use of force, unless the officer reasonably |
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believes the provision of aid is likely to cause serious bodily |
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injury to or the death of the peace officer or another person. |
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SECTION 3. Subchapter F, Chapter 1701, Occupations Code, is |
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amended by adding Sections 1701.269 and 1701.270 to read as |
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follows: |
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Sec. 1701.269. TRAINING PROGRAM AND POLICIES FOR PEACE |
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OFFICERS. (a) The commission, in consultation with the Bill |
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Blackwood Law Enforcement Management Institute of Texas and other |
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interested parties chosen by the commission, shall develop and |
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maintain a model training curriculum and model policies for law |
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enforcement agencies and peace officers. |
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(b) The model training curriculum and model policies |
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developed under Subsection (a) must include: |
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(1) curriculum and policies for field training |
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programs; |
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(2) curriculum and policies for banning the use of a |
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choke hold, carotid artery hold, or similar neck restraint by a |
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peace officer in searching or arresting a person, unless the |
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officer reasonably believes the restraint is necessary to prevent |
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serious bodily injury to or the death of the peace officer or |
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another person; |
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(3) curriculum and policies regarding the duty of a |
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peace officer acting in an official capacity to intervene to stop or |
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prevent another peace officer from using force against a person |
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suspected of committing an offense if the scene is secure and the |
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amount of force exceeds that which the officer reasonably believes |
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is necessary under the circumstances; |
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(4) curriculum and policies regarding the duty of a |
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peace officer acting in an official capacity to render aid to a |
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person who has suffered serious bodily injury from the use of force, |
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unless the officer reasonably believes the provision of aid is |
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likely to cause serious bodily injury to or the death of the peace |
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officer or another person; and |
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(5) curriculum and policies on the use of deadly force |
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by peace officers. |
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Sec. 1701.270. REQUIRED POLICIES FOR LAW ENFORCEMENT |
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AGENCIES. Not later than the 180th day after the date the |
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commission provides the model policies described by Section |
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1701.269(b), each law enforcement agency in this state shall adopt |
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a policy on the topics described by that subsection. A law |
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enforcement agency may adopt the model policies developed by the |
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commission under that subsection. |
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SECTION 4. Section 1701.351, Occupations Code, is amended |
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by adding Subsection (a-2) to read as follows: |
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(a-2) Before the first day of each 24-month training unit |
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during which peace officers are required to complete 40 hours of |
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continuing education programs under Subsection (a), the commission |
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shall specify the mandated topics to be covered in up to 16 of the |
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required hours. |
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SECTION 5. Subchapter J, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.459 to read as follows: |
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Sec. 1701.459. MODEL POLICY ON PREEMPLOYMENT |
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INVESTIGATIONS. The commission, in consultation with the Bill |
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Blackwood Law Enforcement Management Institute of Texas and other |
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interested parties chosen by the commission, shall develop and make |
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available to all law enforcement agencies in this state a model |
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policy for the preemployment investigation of a peace officer |
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licensed under this chapter. The model policy must incorporate: |
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(1) the duties and responsibilities of a law |
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enforcement agency or governmental entity under Section 1701.303; |
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(2) the request, analysis, and use of any employment |
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termination report or criminal background check information |
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obtained under Section 1701.451; and |
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(3) any other information the commission considers |
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necessary to conduct a preemployment investigation of a person. |
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SECTION 6. (a) Not later than January 1, 2022, the Texas |
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Commission on Law Enforcement shall modify the curriculum of the |
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basic peace officer training course as necessary to comply with |
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Section 1701.2551, Occupations Code, as added by this Act. |
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(b) The minimum hour and content requirements for the basic |
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peace officer training course under Section 1701.2551, Occupations |
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Code, as added by this Act, apply only to a person who first begins |
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the course on or after July 1, 2022. |
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SECTION 7. Not later than January 1, 2022, the Texas |
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Commission on Law Enforcement shall develop and make available the |
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model training curriculum and model policies required by Section |
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1701.269, Occupations Code, as added by this Act. |
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SECTION 8. Section 1701.351(a-2), Occupations Code, as |
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added by this Act, applies only to a training unit that begins on or |
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after the effective date of this Act. |
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SECTION 9. The Texas Commission on Law Enforcement is |
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required to implement a provision of this Act only if the |
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legislature appropriates money specifically for that purpose. If |
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the legislature does not appropriate money specifically for that |
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purpose, the commission may, but is not required to, implement a |
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provision of this Act using other appropriations available for that |
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purpose. |
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SECTION 10. This Act takes effect September 1, 2021. |