Senate Research Center

H.B. 1338

84R21525 AAF-D

By: Naishtat (Menendez)


Criminal Justice










A person with an acquired brain injury or a traumatic brain injury can experience symptoms ranging from repeated vomiting or nausea, dilation of one or both pupils of the eyes, loss of coordination, profound confusion, agitation, combativeness, slurred speech, or other unusual behavior. Interested parties contend that misunderstanding the root cause of these symptoms can create dangerous situations for such a person seeking to re­integrate into a community after combat, hospitalization, or treatment.  H.B. 1338 seeks to provide peace officers and first responders with a better understanding of these injuries.


H.B. 1338 amends current law relating to training for peace officers and first responders on certain persons affected by trauma.




This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.




SECTION 1.  Amends Subchapter F, Chapter 1701, Occupations Code, by adding Sections 1701.261 and 1701.262, as follows:


Sec. 1701.261.  ACQUIRED AND TRAUMATIC BRAIN INJURIES TRAINING.  (a)  Defines “first responder.”


(b)  Requires the Texas Commission on Law Enforcement (TCOLE), in collaboration with the office of acquired brain injury of the Health and Human Services Commission and the Texas Traumatic Brain Injury Advisory Council, to establish and maintain a training program for peace officers and first responders that provides information on:


(1)  the effects of an acquired brain injury and of a traumatic brain injury; and


(2)  techniques to interact with persons who have an acquired brain injury or a traumatic brain injury.


Sec 1701.262.  TRAUMA AFFECTED VETERANS TRAINING.  (a) Defines “veteran.”


(b)  Requires TCOLE, in collaboration with the Texas Veterans Commission (TVC), to establish and maintain a training program for peace officers that provides information on veterans with combat-related trauma, post-traumatic stress, post-traumatic stress disorder, or a traumatic brain injury.


SECTION 2.  Amends Section 1701.352, Occupations Code, by adding Subsection (j), as follows:


(j)  Requires TCOLE to establish a continuing education program relating to the identification of veterans affected by trauma and intervention and de-escalation techniques to facilitate interaction with veterans affected by trauma.  Prohibits an officer from completing the training under this subsection by taking an online course.


SECTION 3.  Requires TCOLE, not later than December 31, 2015, in collaboration with TVC, to approve the curriculum for the continuing education program described by Section 1701.352(j), Occupations Code, as added by this Act.


SECTION 4.  Requires TCOLE, not later than September 1, 2017, to begin offering the training programs described by Sections 1701.261 and 1701.262, Occupations Code, as added by this Act.


SECTION 5.  Effective date: September 1, 2015.