BILL ANALYSIS
By: Burnam
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Under current law there is no statewide requirement or standard for the training of Texas peace officers who are issued a Taser weapon or other stun gun. Electroshock compliance weapons have become increasingly controversial as advocacy groups report serious injury and death from Tasers and other stun guns. In order for this tool to remain in the hands of law enforcement officers there should be a standardized mandatory training program to ensure that officers know how to use the tool correctly.
C.S.H.B. 1934 requires the Commission on Law Enforcement Officer Standards and Education to create a training program for law enforcement officers regarding the use of Tasers or other stun gun.
RULEMAKING AUTHORITY?
It is the committee's opinion that rulemaking authority is expressly granted to the Commission on Law Enforcement Officer Standards and Education in SECTION 1 of this bill.
ANALYSIS
C.S.H.B. 1934 amends Subchapter H, Chapter 1701, Occupations Code by adding Section 1701.3521 which defines "Peace officer," "Stun gun," and "Taser" for the section and requires that the Commission on Law Enforcement Officer Standards and Education require any entity that employs peace officers to provide each peace officer who is issued a Taser or other stun gun with a training program regarding the use of a Taser or other stun gun by a peace officer.
C.S.H.B. 1934 requires the Commission on Law Enforcement Officer Standards and Education to adopt rules to establish the training program requirements including the frequency with which a peace officer must complete the training program and the date by which the peace officer must complete the officer's initial training program.
C.S.H.B. 1934 further provides that the Commission on Law Enforcement Officer Standards and Education establish the training program not later than March 1, 2008.
EFFECTIVE DATE
September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The caption of the substitute refers to peace officers rather than law enforcement officers as in original bill.
SECTION 1 (a) of the substitute adds the definition of “peace officer” which was not included in the original bill.
SECTION 1 (b) of the substitute refers to “any entity that employs” rather than the list of “state, county, special district, or municipal agency that appoints or employs” in the original bill. Further, the substitute requires training only for peace officers who are issued a Taser or stun gun. The original bill required training for “each” peace officer.