BILL ANALYSIS

 

 

Senate Research Center

H.B. 2684

 

By: Giddings; Walle (To Be Filed)

 

Criminal Jusitce

 

5/21/2015

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 2684 amends current law relating to the creation of a model training curriculum and to the required training for certain school district peace officers and school resource officers.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Texas Commission on Law Enforcement in SECTION 2 (Section 1701.263, Occupations Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter C, Chapter 37, Education Code, by adding Section 37.0812, as follows:

 

Sec. 37.0812. TRAINING POLICY: SCHOOL DISTRICT PEACE OFFICERS AND SCHOOL RESOURCE OFFICERS. Requires that a school district with an enrollment of 5,000 or more students that commissions a school district peace officer or at which a school resource officer provides law enforcement to adopt a policy requiring the officer to complete the education and training program required by Section 1701.263, Occupations Code.

 

SECTION 2. Amends Subchapter F, Chapter 1701, Occupations Code, by adding Sections 1701.262 and 1701.263, as follows:

 

Sec. 1701.262. TRAINING FOR SCHOOL DISTRICT PEACE OFFICERS AND SCHOOL RESOURCE OFFICERS. (a) Defines "center," "institute," "school district peace officer," and "school resource officer."

 

(b) Requires the Texas Commission on Law Enforcement (TCOLE), in consultation with an institute or the Texas School Safety Center at Texas State University (center), to create, adopt, and distribute a model training curriculum for school district peace officers and school resource officers.

 

(c) Requires the curriculum developed under this section to incorporate learning objectives regarding:

 

(1) child and adolescent development and psychology;

 

(2) positive behavioral interventions and supports, conflict resolution techniques, and restorative justice techniques;

 

(3) de-escalation techniques and techniques for limiting the use of force, including the use of physical, mechanical, and chemical restraints;

 

(4) the mental and behavioral health needs of children with disabilities or special needs; and

 

(5) mental health crisis intervention.

 

(d) Requires TCOLE to provide a 30-day period for public comment before adopting and distributing any curriculum under this section.

 

(e) Requires TCOLE to provide the curriculum developed under this section and any supplemental education materials created for the curriculum to:

 

(1) school district police departments;

 

(2) law enforcement agencies that place peace officers in a school as school resource officers under a memorandum of understanding; and

 

(3)  any entity that provides training to school district peace officers or school resource officers.

 

(f) Requires TCOLE to review curriculum developed and adopted under this section and update subject matter contained in the curriculum as needed at least once every four years.

 

Sec. 1701.263. EDUCATION AND TRAINING PROGRAM FOR SCHOOL DISTRICT PEACE OFFICERS AND SCHOOL RESOURCE OFFICERS. (a) Defines "school district peace officer" and "school resource officer."

 

(b) Requires TCOLE by rule to require a school district peace officer or a school resource officer who is commissioned by or who provides law enforcement at a school district with an enrollment of 5,000 or more students to successfully complete an education and training program described by this section before or within 120 days of the officer's commission by or placement in the district or a campus of the district. Requires the program to:

 

(1) consist of at least 16 hours of training;

 

(2) be approved by TCOLE; and

 

(3) provide training in accordance with the curriculum developed under Section 1701.262 in each subject area listed in Subsection (c) of that section.

 

(b-1) Provides that, notwithstanding Subsection (b) or a rule adopted under that section, a school district peace officer or school resource officer is not required to successfully complete the education and training program required by this section if the officer has successfully completed the advanced training course conducted by the National Association of School Resource Officers or a training course equivalent to that advanced training course, as determined by TCOLE.

 

(c) Prohibits the education and training program required under this section from requiring a peace officer to pass an examination, except that TCOLE shall administer an examination to qualify officers to provide the education and training to other officers. Requires the examination to qualify officers to provide the education and training to test the officer's knowledge and recognition of the subject areas listed in Section 1701.262(c).

 

(d) Requires TCOLE to issue a professional achievement or proficiency certificate to a peace officer who completes the education and training program under this section.

 

SECTION 3. (a) Requires TCOLE to create the model training curriculum for school district peace officers and school resource officers required by Section 1701.262, Occupations Code, as added by this Act, not later than December 1, 2015.

 

(b) Requires the commission to make available to school district peace officers and school resource officers the training required by Section 1701.263, Occupations Code, as added by this Act, not later than February 1, 2016.

 

(c) Requires a school district peace officer or school resource officer who commences employment with or commences providing law enforcement at a school district with an enrollment of 10,000 or more students on a date occurring before February 1, 2016, to complete the training required by Section 1701.263, Occupations Code, as added by this Act, as soon as practicable and not later than June 1, 2016, notwithstanding Section 1701.263(b), Occupations Code, as added by this Act. Provides that this subsection does not apply to an officer who is exempt from the training established under Section 1701.263, Occupations Code, as added by this Act, because the officer has completed the training described by Subsection (b-1) of that section.

 

(d) Requires a school district with an enrollment of 5,000 or more students to adopt the training policy for school district peace officers and school resource officers required by Section 37.0812, Education Code, as added by this Act, not later than February 1, 2016.

 

SECTION 4. Effective date: upon passage or September 1, 2015.