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AN ACT
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relating to peace officer wellness programs within certain law |
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enforcement agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Government Code, is amended |
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by adding Chapter 425 to read as follows: |
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CHAPTER 425. PEACE OFFICER WELLNESS PROGRAM |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 425.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Fund" means the peace officer wellness fund. |
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(3) "Law enforcement agency" means a state agency or |
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political subdivision of this state that employs at least 20 peace |
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officers described by Article 2.12(1), (3), (4), (8), or (10), Code |
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of Criminal Procedure, to answer emergency calls for service or |
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conduct patrol operations, traffic enforcement, or criminal |
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investigations. |
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(4) "Violent incident" means an incident involving a |
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peace officer that occurs while the officer is performing official |
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duties and that poses a substantial risk of serious harm to the |
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officer's mental health or well-being, including responding to a |
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homicide, suicide, or fatal motor vehicle accident. |
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SUBCHAPTER B. WELLNESS PROGRAM |
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Sec. 425.051. ESTABLISHMENT OF PROGRAM. A law enforcement |
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agency may establish and maintain a wellness program for the |
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agency's peace officers. |
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Sec. 425.052. PROGRAM REQUIREMENTS. A law enforcement |
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agency that establishes a wellness program must ensure the program |
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complies with any requirements established by the commission and is |
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available to each peace officer who has routinely responded to and |
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may have been affected by a violent incident. The program at a |
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minimum must provide: |
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(1) an initial telephone call or other form of contact |
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from an agency representative to monitor the mental and physical |
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well-being of a peace officer who may have been affected by a |
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violent incident; and |
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(2) information regarding mental health resources, |
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including counseling and therapy services, to a peace officer who |
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is struggling to cope with the effect on the officer of responding |
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to a violent incident. |
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SUBCHAPTER C. PEACE OFFICER WELLNESS FUND AND GRANT PROGRAM |
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Sec. 425.101. FUND. (a) The peace officer wellness fund is |
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an account in the general revenue fund. |
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(b) The fund is composed of: |
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(1) money appropriated to the fund by the legislature; |
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(2) gifts and grants contributed to the fund; and |
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(3) the earnings of the fund. |
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(c) Money in the fund may be appropriated only to the |
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commission. The commission may use the money only for making grants |
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under Section 425.102. |
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Sec. 425.102. PEACE OFFICER WELLNESS GRANT PROGRAM. (a) |
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The commission shall establish and administer a grant program to |
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assist law enforcement agencies in establishing and maintaining |
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peace officer wellness programs as required under Subchapter B. |
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(b) The commission shall establish: |
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(1) eligibility criteria for grant applicants; |
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(2) grant application procedures; |
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(3) guidelines relating to grant amounts; |
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(4) procedures for evaluating grant applications; |
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(5) guidelines relating to the use of a grant awarded |
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under the program, including the reimbursement of costs associated |
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with the provision of counseling and therapy services to peace |
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officers participating in a wellness program; and |
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(6) procedures for monitoring the use of a grant |
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awarded under the program and ensuring compliance with any |
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condition of a grant. |
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SECTION 2. Not later than January 1, 2024, the executive |
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commissioner of the Health and Human Services Commission shall |
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prescribe any necessary requirements for peace officer wellness |
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programs established under Chapter 425, Government Code, as added |
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by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3858 was passed by the House on May |
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12, 2023, by the following vote: Yeas 139, Nays 4, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3858 was passed by the Senate on May |
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22, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |