85R14670 TYPED
 
  By: Whitmire S.B. No. 1849
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to interactions between law enforcement and individuals
  detained or arrested on suspicion of the commission of criminal
  offenses and the confinement or release of those individuals prior
  to prosecution.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. SHORT TITLE, PREAMBLE, AND FINDINGS
         SECTION 1.01.  SHORT TITLE. This Act shall be known as the
  Sandra Bland Act in memory of Sandra Bland.
         SECTION 1.02.  PREAMBLE. The events leading up to Sandra
  Bland's unnecessary jailing and tragic death sparked statewide and
  national outrage. The House Committee on County Affairs held
  several hearings during the interim to discuss the circumstances
  and policies that led to her death. The Sandra Bland Act aims to
  improve and correct Texas' criminal justice system to make it
  better for all people and prevent future tragedies like Sandra
  Bland's.
         SECTION 1.03.  FINDINGS. After the tragic death of Sandra
  Bland the House Committee on County Affairs held multiple hearings
  during the interim of the 84th Texas Legislative Session. The
  County Affairs Committee reviewed the facts, circumstances, and
  policies that played a factor in the death of Sandra Bland.
         The Committee found that there are significant racial
  disparities in how the Texas Department of Public Safety treats
  Blacks when compared to Whites after they have been pulled over for
  a traffic violation. The Committee also found that the way DPS
  records and presents the data needs to be improved. This Act will
  address these problems by strengthening Texas' racial profiling
  law, as well as ensuring that the data Texas collects is robust,
  clear, and accurate.
         The Committee found reason to believe that Sandra Bland and
  many other people are still being stopped for an underlying
  pretext. Though pre-textual stops are not the policy of DPS, Texas
  law needs to be strengthened to ensure that it does not happen at
  DPS or any other law enforcement agency in Texas. The Sandra Bland
  Act does this by explicitly outlawing the practice of pretext
  stops, as well as outlawing consent searches, and raising the
  burden of proof needed to both stop and search vehicles in Texas.
  These changes will ensure the rights of all are better protected.
         Additionally, the Committee found that it would be beneficial
  to the public that all law enforcement would use de-escalation
  tactics in all interactions with the public. The officer escalating
  the routine traffic stop was the catalyst for the events that led to
  the death of Sandra Bland. Implementing policies that better train
  officers to de-escalate interactions with the public will keep us
  all safer and prevent future tragedies.
         The Committee also found that far too many people are being
  brought to jail and remaining there unnecessarily like Sandra
  Bland. The Committee found that policies of diverting people who
  are in crisis and running afoul of the law either due to their
  mental health or substance abuse would be better served being
  diverted into treatment, rather than cycled through the jail system
  and released with the same problems that caused them to get arrested
  previously. The Committee found suspending medical benefits upon
  detention instead of terminating them to ensure there are not gaps
  in treatment would help elevate this revolving door problem.
         Sandra Bland was also arrested for a fine-only offense. It is
  not logical and potentially unconstitutional to send someone to
  jail for an offense that carries no penalty of jail time. Sandra
  Bland, like many people currently in jail waiting for their trial,
  are unable to pay their bail. Many of these individuals pose no risk
  to the community nor are they a flight risk. Yet, the Committee
  found that county jails are spending millions of dollars every year
  combined to house these inmates who have yet to be proven guilty.
  Hence, this Act will increase diversion by creating policies to
  encourage it, and supporting funding for places where people can be
  diverted to. Additionally, this Act will create policies aimed at
  properly increasing the use of personal recognizance bonds. If
  these policies would have been in place, there is good reason to
  believe Sandra Bland would still be alive.
         The Committee found that Sandra Bland died in jail because
  our jails are not as safe as they could be, and that people who have
  yet to be proven guilty and even those proven guilty should not be
  subject to the dangers found in our jails. To address that issue
  this Act improves training for our jailers, requires jails to have
  medical personnel present and access to a mental health
  professional either in person or through telemental health at all
  times, and automated electronic sensors to ensure accurate cell
  checks. This Act also creates a grant program to ensure that all
  County jails will be able to afford these necessary changes.
  ARTICLE 2. IDENTIFICATION AND DIVERSION OF PERSONS SUSPECTED OF
  HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY
         SECTION 2.01.  Article 16.22, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 16.22.  EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF
  HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL
  RETARDATION]. (a) (1) Not later than 24 [72] hours after
  receiving credible information that may establish reasonable cause
  to believe that a defendant committed to the sheriff's custody has a
  mental illness or is a person with an intellectual disability
  [mental retardation], including observation of the defendant's
  behavior immediately before, during, and after the defendant's
  arrest and the results of any previous assessment of the defendant,
  the sheriff shall provide written or electronic notice of the
  information to the magistrate. On a determination that there is
  reasonable cause to believe that the defendant has a mental illness
  or is a person with an intellectual disability [mental
  retardation], the magistrate, except as provided by Subdivision
  (2), shall order the local mental health or intellectual and
  developmental disability [mental retardation] authority or another
  qualified mental health or intellectual disability [mental
  retardation] expert to:
                     (A)  collect information regarding whether the
  defendant has a mental illness as defined by Section 571.003,
  Health and Safety Code, or is a person with an intellectual
  disability [mental retardation] as defined by Section 591.003,
  Health and Safety Code, including information obtained from any
  previous assessment of the defendant; and
                     (B)  provide to the magistrate a written
  assessment of the information collected under Paragraph (A).
               (2)  The magistrate is not required to order the
  collection of information under Subdivision (1) if the defendant in
  the year preceding the defendant's applicable date of arrest has
  been determined to have a mental illness or to be a person with an
  intellectual disability [mental retardation] by the local mental
  health or intellectual and developmental disability [mental
  retardation] authority or another mental health or intellectual
  disability [mental retardation] expert described by Subdivision
  (1). A court that elects to use the results of that previous
  determination may proceed under Subsection (c).
               (3)  If the defendant fails or refuses to submit to the
  collection of information regarding the defendant as required under
  Subdivision (1), the magistrate may order the defendant to submit
  to an examination in a mental health facility determined to be
  appropriate by the local mental health or intellectual and
  developmental disability [mental retardation] authority for a
  reasonable period not to exceed 21 days. The magistrate may order a
  defendant to a facility operated by the Department of State Health
  Services or the Health and Human Services Commission [Department of
  Aging and Disability Services] for examination only on request of
  the local mental health or intellectual and developmental
  disability [mental retardation] authority and with the consent of
  the head of the facility. If a defendant who has been ordered to a
  facility operated by the Department of State Health Services or the
  Health and Human Services Commission [Department of Aging and
  Disability Services] for examination remains in the facility for a
  period exceeding 21 days, the head of that facility shall cause the
  defendant to be immediately transported to the committing court and
  placed in the custody of the sheriff of the county in which the
  committing court is located. That county shall reimburse the
  facility for the mileage and per diem expenses of the personnel
  required to transport the defendant calculated in accordance with
  the state travel regulations in effect at the time.
         (b)  A written assessment of the information collected under
  Subsection (a)(1)(A) shall be provided to the magistrate not later
  than the 30th day after the date of any order issued under
  Subsection (a) in a felony case and not later than the 10th day
  after the date of any order issued under that subsection in a
  misdemeanor case, and the magistrate shall provide copies of the
  written assessment to the defense counsel, the prosecuting
  attorney, and the trial court. The written assessment must include
  a description of the procedures used in the collection of
  information under Subsection (a)(1)(A) and the applicable expert's
  observations and findings pertaining to:
               (1)  whether the defendant is a person who has a mental
  illness or is a person with an intellectual disability [mental
  retardation];
               (2)  whether there is clinical evidence to support a
  belief that the defendant may be incompetent to stand trial and
  should undergo a complete competency examination under Subchapter
  B, Chapter 46B; and
               (3)  recommended treatment.
         (c)  After the trial court receives the applicable expert's
  written assessment relating to the defendant under Subsection (b)
  or elects to use the results of a previous determination as
  described by Subsection (a)(2), the trial court may, as applicable:
               (1)  resume criminal proceedings against the
  defendant, including any appropriate proceedings related to the
  defendant's release on personal bond under Article 17.032;
               (2)  resume or initiate competency proceedings, if
  required, as provided by Chapter 46B or other proceedings affecting
  the defendant's receipt of appropriate court-ordered mental health
  or intellectual disability [mental retardation] services,
  including proceedings related to the defendant's receipt of
  outpatient mental health services under Section 574.034, Health and
  Safety Code; or
               (3)  consider the written assessment during the
  punishment phase after a conviction of the offense for which the
  defendant was arrested, as part of a presentence investigation
  report, or in connection with the impositions of conditions
  following placement on community supervision, including deferred
  adjudication community supervision.
         (d)  This article does not prevent the applicable court from,
  before, during, or after the collection of information regarding
  the defendant as described by this article:
               (1)  releasing a defendant who has a mental illness
  [mentally ill] or is a person with an intellectual disability
  [mentally retarded defendant] from custody on personal or surety
  bond; or
               (2)  ordering an examination regarding the defendant's
  competency to stand trial.
         SECTION 2.02.  Chapter 16, Code of Criminal Procedure, is
  amended by adding Article 16.23 to read as follows:
         Art. 16.23.  DIVERSION OF PERSONS SUFFERING MENTAL HEALTH
  CRISIS OR SUBSTANCE ABUSE. Each peace officer shall make a good
  faith effort to divert a person suffering a mental health crisis or
  substance abuse to a proper treatment center in the officer's
  jurisdiction if:
               (1)  it is reasonably possible to divert the person;
               (2)  the offense that the person is accused of is a
  misdemeanor, other than a misdemeanor involving violence; and
               (3)  the crisis or abuse is suspected to be the reason
  the person committed the alleged offense.
         SECTION 2.03.  Article 539.002, Government Code, is amended
  to read as follows:
         Sec. 539.002.  GRANTS FOR ESTABLISHMENT AND EXPANSION OF
  COMMUNITY COLLABORATIVES. (a) To the extent funds are
  appropriated to the department for that purpose, the department
  shall make grants to entities, including local governmental
  entities, nonprofit community organizations, and faith-based
  community organizations, to establish or expand community
  collaboratives that bring the public and private sectors together
  to provide services to persons experiencing homelessness,
  substance abuse, and mental illness. [The department may make a
  maximum of five grants, which must be made in the most populous
  municipalities in this state that are located in counties with a
  population of more than one million.] In awarding grants, the
  department shall give special consideration to entities:
               (1)  establishing a new collaborative; and
               (2)  to collaboratives that serve multiple continues
  counties with individual populations below 50,000.
         (b)  The department shall require each entity awarded a grant
  under this section to:
               (1)  leverage additional funding from private sources
  in an amount that is at least equal to the amount of the grant
  awarded under this section; [and]
               (2)  provide evidence of significant coordination and
  collaboration between the entity, local mental health authorities,
  municipalities, local law enforcement agencies, and other
  community stakeholders in establishing or expanding a community
  collaborative funded by a grant awarded under this section; and
               (3)  provide evidence of a local law enforcement policy
  to divert appropriate persons from jails or other detention
  facilities to an entity affiliated with a community collaborative
  for services.
         SECTION 2.04.  Chapter 539, Government Code, is amended by
  adding Articles 539.0051 to read as follows:
         Sec. 539.0051.  PLAN REQUIRED FOR CERTAIN COMMUNITY
  COLLABORATIVES. (a) The governing body of a county shall develop
  and make public a plan detailing:
               (1)  how local mental health authorities,
  municipalities, local law enforcement agencies, and other
  community stakeholders in the county could coordinate to establish
  or expand a community collaborative to accomplish the goals of
  Section 539.002;
               (2)  how entities in the county may leverage funding
  from private sources to accomplish the goals of Section 539.002
  through the formation or expansion of a community collaborative;
  and
               (3)  how the formation or expansion of a community
  collaborative could establish or support resources or services to
  help local law enforcement agencies to divert persons who have been
  arrested to appropriate mental health care.
         (b)  The governing body of a county in which an entity that
  received a grant under Section 539.002 before September 1, 2017, is
  located is not required to develop a plan under Subsection (a).
         (c)  Counties with a population under 50,000 may work with
  multiple other counties that touch them that also have a population
  under 50,000 to form a joint plan.
         SECTION 2.05.  Subchapter B, Chapter 32, Human Resources
  Code, is amended by adding Section 32.0264 to read as follows:
         Sec. 32.0264.  SUSPENSION, TERMINATION, AND AUTOMATIC
  REINSTATEMENT OF ELIGIBILITY FOR INDIVIDUALS CONFINED IN COUNTY
  JAILS. (a) In this section, "county jail" means a facility
  operated by or for a county for the confinement of persons accused
  or convicted of an offense.
         (b)  If an individual is confined in a county jail because
  the individual has been charged with but not convicted of an
  offense, the commission shall suspend the individual's eligibility
  for medical assistance during the period the individual is confined
  in the county jail.
         (c)  If an individual is confined in a county jail because
  the individual has been convicted of an offense, the commission
  shall, as appropriate:
               (1)  terminate the individual's eligibility for medical
  assistance; or
               (2)  suspend the individual's eligibility during the
  period the individual is confined in the county jail.
         (d)  Not later than 48 hours after the commission is notified
  of the release from a county jail of an individual whose eligibility
  for medical assistance has been suspended under this section, the
  commission shall reinstate the individual's eligibility, provided
  the individual's eligibility certification period has not elapsed.
  Following the reinstatement, the individual remains eligible until
  the expiration of the period for which the individual was certified
  as eligible.
         SECTION 2.06.  Subchapter C, Chapter 351, Local Government
  Code, is amended by adding Section 351.046 to read as follows:
         Sec. 351.046.  NOTICE TO CERTAIN GOVERNMENTAL ENTITIES. (a)
  The sheriff of a county may notify the Health and Human Services
  Commission:
               (1)  on the confinement in the county jail of an
  individual who is receiving medical assistance benefits under
  Chapter 32, Human Resources Code; and
               (2)  on the conviction of a prisoner who, immediately
  before the prisoner's confinement in the county jail, was receiving
  medical assistance benefits.
         (b)  If the sheriff of a county chooses to provide the
  notices described by Subsection (a), the sheriff shall provide the
  notices electronically or by other appropriate means as soon as
  possible and not later than the 30th day after the date of the
  individual's confinement or prisoner's conviction, as applicable.
         (c)  The sheriff of a county may notify:
               (1)  the United States Social Security Administration
  of the release or discharge of a prisoner who, immediately before
  the prisoner's confinement in the county jail, was receiving:
                     (A)  Supplemental Security Income (SSI) benefits
  under 42 U.S.C. Section 1381 et seq.; or
                     (B)  Social Security Disability Insurance (SSDI)
  benefits under 42 U.S.C. Section 401 et seq.; and
               (2)  the Health and Human Services Commission of the
  release or discharge of a prisoner who, immediately before the
  prisoner's confinement in the county jail, was receiving medical
  assistance benefits.
         (d)  If the sheriff of a county chooses to provide the
  notices described by Subsection (c), the sheriff shall provide the
  notices electronically or by other appropriate means not later than
  48 hours after the prisoner's release or discharge from custody.
         (e)  If the sheriff of a county chooses to provide the
  notices described by Subsection (c), at the time of the prisoner's
  release or discharge, the sheriff shall provide the prisoner with a
  written copy of each applicable notice and a phone number at which
  the prisoner may contact the Health and Human Services Commission
  regarding confirmation of or assistance relating to reinstatement
  of the individual's eligibility for medical assistance benefits, if
  applicable.
         (f)  The Health and Human Services Commission shall
  establish a means by which the sheriff of a county, or an employee
  of the county or sheriff, may determine whether an individual
  confined in the county jail is or was, as appropriate, receiving
  medical assistance benefits under Chapter 32, Human Resources Code,
  for purposes of this section.
         (g)  The county or sheriff, or an employee of the county or
  sheriff, is not liable in a civil action for damages resulting from
  a failure to comply with this section.
         SECTION 2.07.  Sections 32.0264(a)-(c), Human Resources
  Code, and Section 351.046(a), Local Government Code, as added by
  this Act, apply to an individual whose period of confinement in a
  county jail begins on or after the effective date of this Act,
  regardless of the date the individual was determined eligible for
  medical assistance under Chapter 32, Human Resources Code.
         SECTION 2.08.  Section 32.0264(d), Human Resources Code, and
  Section 351.046(c), Local Government Code, as added by this Act,
  apply to the release or discharge of a prisoner from a county jail
  that occurs on or after the effective date of this Act, regardless
  of the date the prisoner was initially confined in the county jail.
         SECTION 2.09.  If before implementing any provision of this
  Act a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
  ARTICLE 3. BAIL AND PRETRIAL RELEASE
         SECTION 3.01.  Article 17.03, Code of Criminal Procedure, is
  amended by amending Subsections (a) and (c) and adding Subsection
  (b-1) to read as follows:
         (a)  Except as provided by Subsection (b) or (b-1) [of this
  article], a magistrate may, in the magistrate's discretion, release
  the defendant on [his] personal bond without sureties or other
  security.
         (b-1)  Notwithstanding any other law, a magistrate shall
  release on personal bond a defendant who is not charged with and has
  not been previously convicted of a violent offense unless the
  magistrate finds good cause to justify not releasing the defendant
  on personal bond.
         (c)  When setting a personal bond under this chapter, on
  reasonable belief by the investigating or arresting law enforcement
  agent or magistrate of the presence of a controlled substance in the
  defendant's body or on the finding of drug or alcohol abuse related
  to the offense for which the defendant is charged, the court or a
  magistrate may [shall] require as a condition of personal bond that
  the defendant submit to testing for alcohol or a controlled
  substance in the defendant's body and participate in an alcohol or
  drug abuse treatment or education program if such a condition will
  serve to reasonably assure the appearance of the defendant for
  trial.
         SECTION 3.02.  The heading to Article 17.032, Code of
  Criminal Procedure, is amended to read as follows:
         Art. 17.032.  RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY
  ILL] DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY.
         SECTION 3.03.  Articles 17.032(b) and (c), Code of Criminal
  Procedure, are amended to read as follows:
         (b)  A magistrate shall release a defendant on personal bond
  unless good cause is shown otherwise if the:
               (1)  defendant is not charged with and has not been
  previously convicted of a violent offense;
               (2)  defendant is examined by the local mental health
  or intellectual and developmental disability [mental retardation]
  authority or another mental health expert under Article 16.22 [of
  this code];
               (3)  applicable expert, in a written assessment
  submitted to the magistrate under Article 16.22:
                     (A)  concludes that the defendant has a mental
  illness or is a person with an intellectual disability [mental
  retardation] and is nonetheless competent to stand trial; and
                     (B)  recommends mental health treatment for the
  defendant; and
               (4)  magistrate determines, in consultation with the
  local mental health or intellectual and developmental disability
  [mental retardation] authority, that appropriate community-based
  mental health or intellectual disability [mental retardation]
  services for the defendant are available through the [Texas]
  Department of State [Mental] Health Services [and Mental
  Retardation] under Section 534.053, Health and Safety Code, or
  through another mental health or intellectual disability [mental
  retardation] services provider.
         (c)  The magistrate, unless good cause is shown for not
  requiring treatment, shall require as a condition of release on
  personal bond under this article that the defendant submit to
  outpatient or inpatient mental health or intellectual disability
  [mental retardation] treatment as recommended by the local mental
  health or intellectual and developmental disability [mental
  retardation] authority if the defendant's:
               (1)  mental illness or intellectual disability [mental
  retardation] is chronic in nature; or
               (2)  ability to function independently will continue to
  deteriorate if the defendant is not treated.
         SECTION 3.04.  Article 17.033, Code of Criminal Procedure,
  is amended to read as follows:
         Art. 17.033.  RELEASE ON BOND OF CERTAIN PERSONS ARRESTED
  WITHOUT A WARRANT. (a) Except as provided by Subsection (c), a
  person who is arrested without a warrant and who is detained in jail
  must be released on personal bond[, in an amount not to exceed
  $5,000,] not later than the 24th hour after the person's arrest if
  the person was arrested for a misdemeanor and a magistrate has not
  determined whether probable cause exists to believe that the person
  committed the offense. [If the person is unable to obtain a surety
  for the bond or unable to deposit money in the amount of the bond,
  the person must be released on personal bond.]
         (b)  Except as provided by Subsection (c), a person who is
  arrested without a warrant and who is detained in jail must be
  released on bond, in an amount not to exceed $5,000 [$10,000], not
  later than the 24th [48th] hour after the person's arrest if the
  person was arrested for a felony and a magistrate has not determined
  whether probable cause exists to believe that the person committed
  the offense. If the person is unable to obtain a surety for the bond
  or unable to deposit money in the amount of the bond, the person
  must be released on personal bond.
         (c)  On the filing of an application by the attorney
  representing the state, a magistrate may postpone the release of a
  person under Subsection (a)[, (a-1),] or (b) for not more than 48
  [72] hours after the person's arrest. An application filed under
  this subsection must state the reason a magistrate has not
  determined whether probable cause exists to believe that the person
  committed the offense for which the person was arrested.
         (d)  The time limits imposed by Subsections (a)[, (a-1),] and
  (b) do not apply to a person arrested without a warrant who is taken
  to a hospital, clinic, or other medical facility before being taken
  before a magistrate under Article 15.17. For a person described by
  this subsection, the time limits imposed by Subsections (a)[,
  (a-1),] and (b) begin to run at the time, as documented in the
  records of the hospital, clinic, or other medical facility, that a
  physician or other medical professional releases the person from
  the hospital, clinic, or other medical facility.
         SECTION 3.05.  Article 25.03 and 25.04, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 25.03.  IF ON BAIL IN FELONY. When the accused, in case
  of felony, is on bail at the time the indictment is presented, [it
  is not necessary to serve him with a copy, but] the clerk shall [on
  request] deliver a copy of the same to the accused or his counsel,
  at the earliest possible time.
         Art. 25.04.  IN MISDEMEANOR. In misdemeanors, it shall
  [not] be necessary before trial to furnish the accused with a copy
  of the indictment or information; [but he or his counsel may demand
  a copy, which shall be given as early as possible.] the clerk shall
  deliver a copy of the same to the accused or his counsel, at the
  earliest possible time.
         SECTION 3.06.  Chapter 511, Government Code, is amended by
  adding Section 511.009(a)(21-23) to read as follows:
               (21)  adopt reasonable rules establishing minimum
  standards for jails regarding use of force, prevention of sexual
  assault, the management of intoxicated inmates, and the continuity
  of medication for inmates upon entry and release from the jail.
               (22)  adopt reasonable standards for jails in
  establishing guidelines for inmate safety that include requiring
  jails to have:
                     (A)  24 hour access to a mental health
  professional either on site or through a telemental health service;
                     (B)  automated electronic sensors to ensure
  accurate and timely cell checks; and
                     (C)  on-duty nurse or EMT for all shifts.
               (23)  adopt a chief command position exam that the
  person assigned to the chief command position overseeing a county
  jail must pass.
                     (A)  The chief command position exam may be taken
  at any testing center, and the testing center may charge a
  reasonable fee up to $50 for administering and grading the exam.
               (24)  The commission shall adopt reasonable rules and
  procedures establishing minimum standards regarding the continuity
  of prescription medications for the care and treatment of inmates
  and prisoners in county jails. The rules and procedures shall
  require that inmates and prisoners who are determined to be
  lawfully taking a prescription medication when they enter the
  county jail be maintained on that same prescription medication
  until a qualified health care professional directs otherwise upon
  individualized consideration.
         SECTION 3.07.  Chapter 511, Government Code, is amended by
  adding Section 511.019 to read as follows:
         Sec. 511.019.  COUNTY INMATE SAFETY FUND. (a) The County
  Inmate Safety Fund is a dedicated account in the general revenue
  fund.
         (b)  The County Inmate Safety Fund consists of:
               (1)  appropriations of money to the fund by the
  legislature; and
               (2)  gifts, grants, including grants from the federal
  government, and other donations received for the fund.
         (e)  The Commission shall only make grants to county jails
  with a certified capacity of 96 inmates or below.
         (d)  Money in the fund may be appropriated only to the
  commission to pay for capital improvements that are required under
  section 511.009(a)(22).
         (e)  The commission by rule may establish a grant program to
  provide grants to counties to fund programs, training, or capital
  improvements described by Subsection (c).
         SECTION 3.08.  Chapter 511, Government Code, is amended by
  adding Section 511.020 to read as follows:
         Sec. 511.020.  COLLECTION OF SERIOUS INCIDENTS. (a) The
  Sheriff of each county jail shall report on a monthly basis to the
  Commission the occurrence in their jail of:
               (1)  suicides;
               (2)  attempted suicides;
               (3)  deaths;
               (4)  serious injuries;
               (5)  assaults;
               (6)  escapes;
               (7)  sexual assaults; and
               (8)  uses of force.
         (b)  The Commission shall make this data available to the
  public, and shall produce a monthly report of the data.
         SECTION 3.09.  Chapter 511, Government Code, is amended by
  adding Section 511.1 to read as follows:
         Sec. 511.1  OUTSIDE INVESTIGATION OF JAIL DEATHS.  (a)  The
  Department of Public Safety shall appoint a law enforcement agency
  other than that who operates the county jail where an inmate's death
  happened to investigate that inmate's death as soon as applicable.
         (b)  The law enforcement agency that operates the county jail
  where the inmate's death occurred shall begin and conduct the
  investigation until the other law enforcement agency is named and
  begins their investigation. 
         (c)  The law enforcement agency that operates the county jail
  where the inmate's death occurred shall hand over all evidence and
  be complete compliance with the law enforcement agency assigned to
  the investigation.
         SECTION 3.10.  The changes in law made by this article to
  Articles 17.03 and 17.032, Code of Criminal Procedure, apply only
  to a personal bond that is executed on or after the effective date
  of this Act. A personal bond executed before the effective date of
  this Act is governed by the law in effect when the personal bond was
  executed, and the former law is continued in effect for that
  purpose.
         SECTION 3.11.  The change in law made by this article to
  Article 17.033, 25.03, and 25.04, Code of Criminal Procedure,
  applies only to a person who is arrested on or after the effective
  date of this Act. A person arrested before the effective date of
  this Act is governed by the law in effect on the date the person was
  arrested, and the former law is continued in effect for that
  purpose.
         SECTION 3.12.  To the extent of any conflict, this Act
  prevails over another Act of the 85th Legislature, Regular Session,
  2017, relating to nonsubstantive additions to and corrections in
  enacted codes.
         SECTION 3.13.  The change in law made by this article to
  Article 511, Government Code, applies only to events on or after the
  effective date of this Act.
         SECTION 3.14.  The change in law made by this article to
  Article 511.009(a)(22), Government Code, The Commission shall
  adopt rules by September 1, 2018, and county jails must be in
  compliance by September 1, 2020.
         SECTION 3.15.  The chief command position exam described in
  Article 511.009(a)(23), Government Code, shall be developed by the
  Criminal Justice Department at Sam Houston University with input
  and approval from the Texas Commission on Jail Standards.
  ARTICLE 4. PEACE OFFICER TRAINING
         SECTION 4.01.  Section 1701.253, Occupations Code, is
  amended by amending Subsections (c), (h), and (j) and adding
  Subsection (n) to read as follows:
         (c)  As part of the minimum curriculum requirements, the
  commission shall establish a statewide comprehensive education and
  training program on civil rights, racial sensitivity, implicit
  bias, and cultural diversity for persons licensed under this
  chapter.
         (h)  As part of the minimum curriculum requirements, the
  commission shall establish a statewide comprehensive education and
  training program on racial profiling for officers licensed under
  this chapter. An officer shall complete a program established
  under this subsection not later than the first [second] anniversary
  of the date the officer is licensed under this chapter or the date
  the officer applies for an intermediate proficiency certificate,
  whichever date is earlier.
         (j)  As part of the minimum curriculum requirements, the
  commission shall require an officer to complete a 40-hour statewide
  education and training program on de-escalation and crisis
  intervention techniques to facilitate interaction with persons
  with mental impairments. An officer shall complete the program not
  later than the first [second] anniversary of the date the officer is
  licensed under this chapter or the date the officer applies for an
  intermediate proficiency certificate, whichever date is earlier.
  An officer may not satisfy the requirements of this subsection
  [section] or Section 1701.402(g) by taking an online course on
  de-escalation and crisis intervention techniques to facilitate
  interaction with persons with mental impairments.
         (n)  As part of the minimum curriculum requirements, the
  commission shall require an officer to complete a statewide
  education and training program on de-escalation techniques to
  facilitate interaction with members of the public, including
  techniques for limiting the use of force. An officer shall complete
  the program not later than the first anniversary of the date the
  officer is licensed under this chapter or the date the officer
  applies for an intermediate proficiency certificate, whichever
  date is earlier. An officer may not satisfy the requirements of
  this subsection or Section 1701.402(n) by taking an online course.
         SECTION 4.02.  Section 1701.310, Occupations Code, is
  amended by amending Subsections (a) to read as follows:
         Sec. 1701.310.  APPOINTMENT OF COUNTY JAILER; TRAINING
  REQUIRED. (a) Except as provided by Subsection (e), a person may
  not be appointed as a county jailer, except on a temporary basis,
  unless the person has satisfactorily completed a preparatory
  training program which includes 24 hours of training to facilitate
  interaction with persons with mental impairments, as required by
  the commission, in the operation of a county jail at a school
  operated or licensed by the commission.
         SECTION 4.03.  Section 1701.310, Occupations Code, is
  amended by adding Subsections (f) to read as follows:
         (f)  A person assigned by the sheriff to the chief command
  position overseeing a county jail shall within 90 days of being
  assigned to the chief command position overseeing a county jail
  pass the chief command position exam.
               (1)  If a person assigned to the chief command position
  overseeing a county jail fails the chief command position exam they
  shall be immediately removed, and be unable to be reinstated until
  they pass the chief command position exam.
               (2)  A person who fails the chief command position exam
  must wait a minimum of 90 days to retake the exam.
               (3)  The Sheriff of the County in which the jail is
  located shall hold the chief command position until a new person is
  appointed, or the person originally assigned has passed the chief
  command position exam.
         SECTION 4.03.  Section 1701.352, Occupations Code, is
  amended by amending Subsections (b) and (e) and adding Subsection
  (j) to read as follows:
         (b)  The commission shall require a state, county, special
  district, or municipal agency that appoints or employs peace
  officers to provide each peace officer with a training program at
  least once every 48 months that is approved by the commission and
  consists of:
               (1)  topics selected by the agency; and
               (2)  for an officer holding only a basic proficiency
  certificate, not more than 20 hours of education and training that
  contain curricula incorporating the learning objectives developed
  by the commission regarding:
                     (A)  civil rights, racial sensitivity, implicit
  bias, and cultural diversity;
                     (B)  de-escalation and crisis intervention
  techniques to facilitate interaction with persons with mental
  impairments; [and]
                     (C)  de-escalation techniques to facilitate
  interaction with members of the public, including techniques for
  limiting the use of force; and
                     (D)  unless determined by the agency head to be
  inconsistent with the officer's assigned duties:
                           (i)  the recognition and documentation of
  cases that involve child abuse or neglect, family violence, and
  sexual assault; and
                           (ii)  issues concerning sex offender
  characteristics.
         (e)  The commission may require a state, county, special
  district, or municipal agency that appoints or employs a reserve
  law enforcement officer, county jailer, or public security officer
  to provide each of those persons with education and training in
  civil rights, racial sensitivity, implicit bias, and cultural
  diversity at least once every 48 months.
         (j)  The education and training program on de-escalation
  techniques to facilitate interaction with members of the public
  under Subsection (b)(2)(C) may not be provided as an online course.
         SECTION 4.04.  Section 1701.402, Occupations Code, is
  amended by amending Subsection (i) and adding Subsection (n) to
  read as follows:
         (i)  As a requirement for an intermediate proficiency
  certificate, an officer must complete an education and training
  program on civil rights, racial sensitivity, implicit bias, and
  cultural diversity established by the commission under Section
  1701.253(c).
         (n)  As a requirement for an intermediate proficiency
  certificate or an advanced proficiency certificate, an officer must
  complete the education and training program regarding
  de-escalation techniques to facilitate interaction with members of
  the public established by the commission under Section 1701.253(n).
         SECTION 4.05.  Not later than January 1, 2018, the Texas
  Commission on Law Enforcement shall establish or modify training
  programs as necessary to comply with Section 1701.253, Occupations
  Code, as amended by this article.
  ARTICLE 5. PRETEXT STOPS, RACIAL PROFILING, AND ISSUANCE OF
  CITATIONS
         SECTION 5.01.  Article 2.13, Code of Criminal Procedure, is
  amended by adding Subsection (d) to read as follows:
         (d)  The officer may not:
               (1)  conduct a search based solely on a person's consent
  to the search; or
               (2)  make a stop for an alleged violation of a traffic
  law or ordinance as a pretext for investigating a violation of
  another penal law.
         SECTION 5.02.  Article 2.132, Code of Criminal Procedure, is
  amended by amending Subsections (b), (c), and (e) and adding
  Subsections (h) and (i) to read as follows:
         (b)  Each law enforcement agency in this state shall adopt a
  detailed written policy on racial profiling. The policy must:
               (1)  clearly define acts constituting racial
  profiling;
               (2)  strictly prohibit peace officers employed by the
  agency from engaging in racial profiling;
               (3)  implement a process by which an individual may
  file a complaint with the agency if the individual believes that a
  peace officer employed by the agency has engaged in racial
  profiling with respect to the individual;
               (4)  provide public education relating to the agency's
  complaint process, including providing the information regarding
  the complaint process on each ticket, citation, or warning issued
  by a peace officer;
               (5)  require appropriate corrective action to be taken
  against a peace officer employed by the agency who, after an
  investigation, is shown to have engaged in racial profiling in
  violation of the agency's policy adopted under this article;
               (6)  require collection of information relating to all
  motor vehicle stops [in which a citation is issued and to arrests
  made as a result of those stops], including information relating
  to:
                     (A)  the race or ethnicity of the individual
  detained;
                     (B)  whether a search was conducted [and, if so,
  whether the individual detained consented to the search]; and
                     (C)  whether the peace officer knew the race or
  ethnicity of the individual detained before detaining that
  individual; [and]
                     (D)  whether the peace officer used physical force
  against anyone during the stop; and
               (7)  require the chief administrator of the agency,
  regardless of whether the administrator is elected, employed, or
  appointed, to submit an annual report of the information collected
  under Subdivision (6) to:
                     (A)  the Texas Commission on Law Enforcement; and
                     (B)  the governing body of each county or
  municipality served by the agency, if the agency is an agency of a
  county, municipality, or other political subdivision of the state.
         (c)  The data collected as a result of the reporting
  requirements of this article shall not constitute prima facie
  evidence of racial profiling but is admissible in a court of law as
  evidence of racial profiling.
         (e)  A report required under Subsection (b)(7) may not
  include identifying information about a peace officer who makes a
  motor vehicle stop or about an individual who is stopped or arrested
  by a peace officer. This subsection does not affect the collection
  of information as required by a policy under Subsection (b)(6).
         (h)  A law enforcement agency shall review the data collected
  under Subsection (b)(6) to determine whether the number of vehicles
  driven by a member of a particular race or ethnicity stopped by any
  peace officer employed by the agency is disproportionate to the
  population of that race or ethnicity in the county or municipality
  served by the agency.
         (i)  If a law enforcement agency determines that the number
  of vehicles driven by a member of a particular race or ethnicity
  stopped by a peace officer is disproportionate, as described by
  Subsection (h), the agency shall conduct an investigation of the
  officer to determine whether the officer routinely stops vehicles
  the drivers of which are members of a particular racial or ethnic
  group for alleged violations of traffic laws or ordinances as a
  pretext for investigating violations of other penal laws.
         SECTION 5.03.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Articles 2.1321 and 2.1322 to read as follows:
         Art. 2.1321.  RACIAL PROFILING INVESTIGATIONS. (a) The
  chief administrator of a law enforcement agency, regardless of
  whether the administrator is elected, employed, or appointed, shall
  annually review the data collected by the agency on racial
  profiling to determine if:
               (1)  racial profiling is potentially occurring on an
  agency-wide level; or
               (2)  an individual peace officer may be engaging in
  racial profiling.
         (b)  On a finding by the chief administrator of potential
  racial profiling on an agency-wide basis or by an individual peace
  officer, the agency shall initiate an investigation into the
  potential racial profiling.
         (c)  The chief administrator of each law enforcement agency
  shall annually certify to the Texas Commission on Law Enforcement
  that the chief administrator conducted the review required by
  Subsection (a).
         (d)  On a finding by the Texas Commission on Law Enforcement
  that the chief administrator of a law enforcement agency
  intentionally failed to conduct a review required by Subsection
  (a), the commission shall begin disciplinary procedures against the
  chief administrator.
         Art. 2.1322.  REQUIRED RACIAL PROFILING COUNSELING AND
  TRAINING FOR CERTAIN PEACE OFFICERS. (a) If an investigation
  initiated under Article 2.132 or 2.1321 results in a finding of
  racial profiling, the law enforcement agency shall provide
  appropriate counseling and training to any peace officer found to
  have engaged in racial profiling.
         (b)  The counseling and training under Subsection (a) must:
               (1)  emphasize understanding and respect for racial and
  cultural differences;
               (2)  address racial and cultural biases; and
               (3)  include effective, noncombative methods of
  carrying out law enforcement duties in a racially and culturally
  diverse environment.
         (c)  If, after a peace officer completes the counseling and
  training under Subsection (a), the officer is again found to have
  engaged in racial profiling, the law enforcement agency shall:
               (1)  suspend the officer for not less than six months;
  and
               (2)  require the officer to repeat the counseling and
  training under Subsection (a).
         SECTION 5.04.  Article 2.133, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  A peace officer who stops a motor vehicle for an alleged
  violation of a law or ordinance shall report to the law enforcement
  agency that employs the officer information relating to the stop,
  including:
               (1)  a physical description of any person operating the
  motor vehicle who is detained as a result of the stop, including:
                     (A)  the person's gender; and
                     (B)  the person's race or ethnicity, as stated by
  the person or, if the person does not state the person's race or
  ethnicity, as determined by the officer to the best of the officer's
  ability;
               (2)  the initial reason for the stop;
               (3)  whether the officer conducted a search as a result
  of the stop [and, if so, whether the person detained consented to
  the search];
               (4)  whether any contraband or other evidence was
  discovered in the course of the search and a description of the
  contraband or evidence;
               (5)  the reason for the search, including whether:
                     (A)  any contraband or other evidence was in plain
  view;
                     (B)  any probable cause or reasonable suspicion
  existed to perform the search; or
                     (C)  the search was performed as a result of the
  towing of the motor vehicle or the arrest of any person in the motor
  vehicle;
               (6)  whether the officer made an arrest as a result of
  the stop or the search, including a statement of whether the arrest
  was based on a violation of the Penal Code, a violation of a traffic
  law or ordinance, or an outstanding warrant and a statement of the
  offense charged;
               (7)  the street address or approximate location of the
  stop; [and]
               (8)  whether the officer issued a verbal or written
  warning or a citation as a result of the stop; and
               (9)  whether the officer used physical force in
  conjunction with the arrest.
         (c)  The chief administrator of a law enforcement agency,
  regardless of whether the administrator is elected, employed, or
  appointed, shall make periodic random and unannounced reviews of
  motor vehicle stops by peace officers employed by the agency to
  ensure that the race or ethnicity of the person operating the motor
  vehicle is being properly identified in the report under Subsection
  (b).
         SECTION 5.05.  Articles 2.134(c), (d), and (f), Code of
  Criminal Procedure, are amended to read as follows:
         (c)  A report required under Subsection (b) must be submitted
  by the chief administrator of the law enforcement agency,
  regardless of whether the administrator is elected, employed, or
  appointed, and must include:
               (1)  a comparative analysis of the information compiled
  under Article 2.133 to:
                     (A)  evaluate and compare the number of motor
  vehicle stops, within the applicable jurisdiction, of persons who
  are recognized as racial or ethnic minorities and persons who are
  not recognized as racial or ethnic minorities; [and]
                     (B)  examine the disposition of motor vehicle
  stops made by officers employed by the agency, categorized
  according to the race or ethnicity of the affected persons, as
  appropriate, including any searches resulting from stops within the
  applicable jurisdiction; and
                     (C)  evaluate and compare the number of searches
  resulting from motor vehicle stops within the applicable
  jurisdiction and whether contraband or other evidence was
  discovered in the course of those searches;
               (2)  information relating to each complaint filed with
  the agency alleging that a peace officer employed by the agency has
  engaged in racial profiling; and
               (3)  information relating the number of investigations
  initiated under Article 2.1321, and the outcomes of the
  investigations.
         (d)  A report required under Subsection (b) may not include
  identifying information about a peace officer who makes a motor
  vehicle stop or about an individual who is stopped or arrested by a
  peace officer. This subsection does not affect the reporting of
  information required under Article 2.133(b)(1).
         (f)  The data collected as a result of the reporting
  requirements of this article shall not constitute prima facie
  evidence of racial profiling but is admissible in a court of law as
  evidence of racial profiling.
         SECTION 5.06.  Article 2.137, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 2.137.  PROVISION OF FUNDING OR EQUIPMENT. (a) The
  Department of Public Safety shall adopt rules for providing funds
  or video and audio equipment to law enforcement agencies for the
  purposes [purpose] of providing counseling and training for peace
  officers to prevent racial profiling and installing video and audio
  equipment in law enforcement motor vehicles and motorcycles [as
  described by Article 2.135(a)(1)(A)], including specifying
  criteria to prioritize funding or equipment provided to law
  enforcement agencies. The criteria may include consideration of
  tax effort, financial hardship, available revenue, and budget
  surpluses. The criteria must give priority to:
               (1)  law enforcement agencies that employ peace
  officers whose primary duty is traffic enforcement;
               (2)  smaller jurisdictions; and
               (3)  municipal and county law enforcement agencies.
         (b)  The Department of Public Safety shall collaborate with
  an institution of higher education to identify law enforcement
  agencies that need funds or video and audio equipment for the
  purposes [purpose] of providing counseling and training for peace
  officers to prevent racial profiling and installing video and audio
  equipment in law enforcement motor vehicles and motorcycles [as
  described by Article 2.135(a)(1)(A)]. The collaboration may
  include the use of a survey to assist in developing criteria to
  prioritize funding or equipment provided to law enforcement
  agencies.
         (c)  To receive funds or video and audio equipment from the
  state for the purposes [purpose] of providing counseling and
  training for peace officers to prevent racial profiling and
  installing video and audio equipment in law enforcement motor
  vehicles and motorcycles [as described by Article 2.135(a)(1)(A)],
  the governing body of a county or municipality, in conjunction with
  the law enforcement agency serving the county or municipality,
  shall certify to the Department of Public Safety that the law
  enforcement agency needs funds or video and audio equipment for
  those purposes [that purpose].
         (d)  On receipt of funds or video and audio equipment from
  the state for the purposes [purpose] of providing counseling and
  training for peace officers to prevent racial profiling and
  installing video and audio equipment in law enforcement motor
  vehicles and motorcycles [as described by Article 2.135(a)(1)(A)],
  the governing body of a county or municipality, in conjunction with
  the law enforcement agency serving the county or municipality,
  shall certify to the Department of Public Safety that the law
  enforcement agency has installed and is using video and audio
  equipment for those purposes [as described by Article
  2.135(a)(1)(A) and is using the equipment as required by Article
  2.135(a)(1)].
         SECTION 5.07.  Article 2.1385(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  If the chief administrator of a local law enforcement
  agency intentionally fails to submit the incident-based data as
  required by Article 2.134, the agency is liable to the state for a
  civil penalty in the amount of $10,000 [$1,000] for each violation.
  The attorney general may sue to collect a civil penalty under this
  subsection.
         SECTION 5.08.  Effective September 1, 2018, Chapter 2, Code
  of Criminal Procedure, is amended by adding Article 2.1386 to read
  as follows:
         Art. 2.1386.  MOTOR VEHICLE STOP INVESTIGATIONS. (a) In
  this article, "law enforcement agency" and "motor vehicle stop"
  have the meanings assigned by Article 2.132(a).
         (b)  Each law enforcement agency shall adopt and implement a
  detailed written policy regarding the administration of a motor
  vehicle stop investigation in accordance with this article,
  including the administrative penalties for violations of the
  policy. A law enforcement agency may adopt the model policy
  promulgated by the Bill Blackwood Law Enforcement Management
  Institute of Texas or the agency's own policy.
         (c)  A peace officer may not:
               (1)  conduct a roadside investigation during a motor
  vehicle stop for an offense other than the traffic violation
  without suspicion based on a preponderance of the evidence that the
  driver has committed the other offense;
               (2)  continue a roadside investigation during a motor
  vehicle stop into an offense other than the traffic violation after
  the driver has refused to consent to be searched unless the peace
  officer has additional suspicion based on a preponderance of the
  evidence that the driver has committed the other offense; or
               (3)  arrest a driver during a motor vehicle stop for a
  traffic violation to conduct a search incident to arrest unless the
  officer has probable cause to believe that the driver has committed
  an offense more serious than a Class C misdemeanor.
         (d)  A peace officer who violates Subsection (c) shall be
  subject to an administrative penalty of not less than a one-day
  suspension.
         SECTION 5.09.  Article 3.05, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 3.05.  RACIAL PROFILING. (a) In this code, "racial
  profiling" means a law enforcement-initiated action based on an
  individual's race, ethnicity, or national origin rather than on the
  individual's behavior or on information identifying the individual
  as having engaged in criminal activity.
         (b)  Racial profiling may be identified through the
  examination of sufficient and evidence-based data analysis.
         SECTION 5.10.  Article 14.06, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  A peace officer who is charging a person, including a
  child, with committing an offense that is a [Class C] misdemeanor
  punishable by a fine only, other than an offense under Section
  49.02, Penal Code, or an offense under Chapter 106, Alcoholic
  Beverage Code, shall [may], instead of taking the person before a
  magistrate, issue a citation to the person that contains written
  notice of the time and place the person must appear before a
  magistrate, the name and address of the person charged, the offense
  charged, and the following admonishment, in boldfaced or underlined
  type or in capital letters:
         "If you are convicted of a misdemeanor offense involving
  violence where you are or were a spouse, intimate partner, parent,
  or guardian of the victim or are or were involved in another,
  similar relationship with the victim, it may be unlawful for you to
  possess or purchase a firearm, including a handgun or long gun, or
  ammunition, pursuant to federal law under 18 U.S.C. Section
  922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
  questions whether these laws make it illegal for you to possess or
  purchase a firearm, you should consult an attorney."
         (b-1)  A peace officer who is charging a person, including a
  child, with committing an offense that is a misdemeanor punishable
  by a fine only under Chapter 106, Alcoholic Beverage Code, may,
  instead of taking the person before a magistrate, issue to the
  person a citation that contains written notice of the time and place
  the person must appear before a magistrate, the name and address of
  the person charged, and the offense charged.
         SECTION 5.11.  Section 543.004(a), Transportation Code, is
  amended to read as follows:
         (a)  An officer shall issue a written notice to appear if:
               (1)  the offense charged is [speeding or] a misdemeanor
  under this subtitle that is punishable by a fine only [violation of
  the open container law, Section 49.03, Penal Code]; and
               (2)  the person makes a written promise to appear in
  court as provided by Section 543.005.
         SECTION 5.12.  Effective January 1, 2018, Subchapter A,
  Chapter 543, Transportation Code, is amended by adding Section
  543.0045 to read as follows:
         Sec. 543.0045.  NOTIFICATION REQUIRED DURING TRAFFIC STOP.
  (a) An officer who stops a motor vehicle as a result of a person's
  alleged commission of a misdemeanor under this subtitle that is
  punishable by a fine only shall promptly notify the person that:
               (1)  the alleged offense is a misdemeanor under this
  subtitle that is punishable by a fine only; and
               (2)  the officer may not arrest a person solely on the
  basis of that offense.
         (b)  The Texas Commission on Law Enforcement by rule shall
  specify the language that is required to be included in the
  notification described by Subsection (a).
         SECTION 5.13.  The following provisions of the Code of
  Criminal Procedure are repealed:
               (1)  Article 2.135.
         SECTION 5.14.  Article 2.13(d), Code of Criminal Procedure,
  as added by this article, applies only to a motor vehicle stop or
  search that occurs on or after the effective date of this Act.
         SECTION 5.15.  Articles 2.132 and 2.134, Code of Criminal
  Procedure, as amended by this article, apply only to a report
  covering a calendar year beginning on or after January 1, 2018.
         SECTION 5.16.  Articles 2.132(h) and (i), 2.1321, and
  2.1322, Code of Criminal Procedure, as added by this article, apply
  to an investigation that occurs on or after the effective date of
  this Act, regardless of whether the potential racial profiling
  occurred before, on, or after that date.
         SECTION 5.17.  Not later than September 1, 2018, the Texas
  Commission on Law Enforcement shall evaluate and change the
  guidelines for compiling and reporting information required under
  Article 2.134, Code of Criminal Procedure, as amended by this
  article, to withstand academic scrutiny.
         SECTION 5.18.  (a) Not later than December 31, 2017, the
  Bill Blackwood Law Enforcement Management Institute of Texas, in
  consultation with large, medium, and small law enforcement
  agencies, law enforcement associations, and community
  organizations engaged in the development of law enforcement policy
  on behalf of the public, shall develop, adopt, and disseminate to
  all law enforcement agencies in this state a model policy and
  associated training materials for conducting a motor vehicle stop,
  in accordance with Article 2.1386, Code of Criminal Procedure, as
  added by this article.
         (b)  Not later than September 1, 2018, each law enforcement
  agency of this state shall adopt the policy required by Article
  2.1386, Code of Criminal Procedure, as added by this article, if
  applicable.
         SECTION 5.19.  Not later than December 1, 2017, the Texas
  Commission on Law Enforcement shall adopt the rules required by
  Section 543.0045(b), Transportation Code, as added by this article.
         SECTION 5.20.  The changes in law made by this article apply
  only to an offense committed on or after the effective date of this
  Act. An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this article if any element of the offense
  occurred before that date.
  ARTICLE 6. DISCIPLINARY PROCEDURES FOR PEACE OFFICERS.
         SECTION 6.01.  Effective September 1, 2018, the heading to
  Subchapter B, Chapter 614, Government Code, is amended to read as
  follows:
  SUBCHAPTER B. COMPLAINT AGAINST PEACE [LAW ENFORCEMENT] OFFICER OR
  FIRE FIGHTER
         SECTION 6.02.  Effective September 1, 2018, Section 614.021,
  Government Code, is amended to read as follows:
         Sec. 614.021.  APPLICABILITY OF SUBCHAPTER. (a) Except as
  provided by Subsection (b), this subchapter applies only to a
  complaint against:
               (1)  [a law enforcement officer of the State of Texas,
  including an officer of the Department of Public Safety or of the
  Texas Alcoholic Beverage Commission;
               [(2)]  a fire fighter who is employed by this state or a
  political subdivision of this state;
               (2) [(3)]  a peace officer under Article 2.12, Code of
  Criminal Procedure, or other law who is appointed or employed by the
  State of Texas or a political subdivision of this state, including a
  political subdivision that is covered by a meet and confer or
  collective bargaining agreement under Chapter 142, 143, or 174,
  Local Government Code; or
               (3) [(4)]  a detention officer or county jailer who is
  appointed or employed by a political subdivision of this state.
         (b)  This subchapter does not apply to a [peace officer or]
  fire fighter [appointed or] employed by a political subdivision
  that is covered by a meet and confer or collective bargaining
  agreement under Chapter 143 or 174, Local Government Code, if that
  agreement includes provisions relating to the investigation of, and
  disciplinary action resulting from, a complaint against a [peace
  officer or] fire fighter[, as applicable]. This subchapter does not
  alter an at-will employment relationship between the employee and
  the political subdivision.
         SECTION 6.03.  Effective September 1, 2018, Section 614.022,
  Government Code, is amended to read as follows:
         Sec. 614.022.  CERTAIN COMPLAINTS [COMPLAINT] TO BE IN
  WRITING AND SIGNED BY COMPLAINANT. To be considered by [the head of
  a state agency or by] the head of a fire department or local law
  enforcement agency, a [the] complaint filed by a member of the
  public against a fire fighter, detention officer, or county jailer
  must be:
               (1)  in writing; and
               (2)  signed by the person making the complaint.
         SECTION 6.04.  Effective September 1, 2018, Subchapter B,
  Chapter 614, Government Code, is amended by adding Sections
  614.0225, 614.0226, and 614.0227 to read as follows:
         Sec. 614.0225.  STANDARD PROCEDURES FOR COMPLAINT AGAINST
  PEACE OFFICER BY A MEMBER OF THE PUBLIC. (a) Each law enforcement
  agency shall adopt and implement standard procedures for processing
  a complaint filed by a member of the public including members of the
  public who are incarcerated, against a peace officer in accordance
  with this subchapter. A law enforcement agency may adopt the model
  standard procedures promulgated by the Bill Blackwood Law
  Enforcement Management Institute of Texas or the agency's own
  procedures.
         (b)  A law enforcement agency shall facilitate the filing of
  a written complaint against a peace officer by a member of the
  public by providing a means to complain in person, by mail, by
  e-mail, by telephone, and on the agency's Internet website.
         (c)  A law enforcement agency shall facilitate the filing of
  a complaint by a member of the public against a peace officer by
  providing a means of a friend or family member to file on the behalf
  of the victim.
         Sec. 614.0226.  REQUIREMENTS FOR COMPLAINT FILED BY A MEMBER
  OF THE PUBLIC AGAINST PEACE OFFICER. A complaint filed by a member
  of the public against a peace officer must include:
               (1)  the name and the telephone number or e-mail
  address of the person filing the complaint;
               (2)  the location of the interaction with the peace
  officer; and
               (3)  a description of the basis for the complaint.
         Sec. 614.0227.  REQUIREMENTS FOR CITATION. A citation
  issued by a peace officer must include the e-mail address,
  telephone number, Internet address, and physical location where a
  complaint can be filed by a member of the public against the peace
  officer and basic instructions for filing the complaint.
         SECTION 6.05.  Effective September 1, 2018, Section 614.023,
  Government Code, is amended to read as follows:
         Sec. 614.023.  COPY OF COMPLAINT TO BE GIVEN TO FIRE FIGHTER,
  DETENTION OFFICER, OR COUNTY JAILER [OFFICER OR EMPLOYEE]. (a) A
  copy of a signed complaint filed by a member of the public against
  [a law enforcement officer of this state or] a fire fighter,
  detention officer, or county jailer[, or peace officer appointed or
  employed by a political subdivision of this state] shall be given to
  the [officer or] employee within a reasonable time after the
  complaint is filed.
         (b)  Disciplinary action may not be taken against the
  [officer or] employee unless a copy of the signed complaint is given
  to the [officer or] employee.
         (c)  In addition to the requirement of Subsection (b), the
  [officer or] employee may not be indefinitely suspended or
  terminated from employment based on the subject matter of the
  complaint filed by a member of the public unless:
               (1)  the complaint is investigated; and
               (2)  there is evidence to prove the allegation of
  misconduct.
         SECTION 6.06.  Effective September 1, 2018, Subchapter B,
  Chapter 614, Government Code, is amended by adding Sections
  614.024, 614.025, 614.026, and 614.027 to read as follows:
         Sec. 614.024.  COPY OF COMPLAINT FILED BY A MEMBER OF THE
  PUBLIC TO BE GIVEN TO PEACE OFFICER. (a) A copy of a complaint
  filed by a member of the public against a peace officer shall be
  given to the peace officer within a reasonable time after the
  complaint is filed.
         (b)  Disciplinary action may not be taken against the peace
  officer unless a copy of the complaint is given to the peace
  officer.
         (c)  In addition to the requirement of Subsection (b), the
  peace officer may not be indefinitely suspended or terminated from
  employment based on the subject matter of the complaint unless:
               (1)  the complaint is investigated; and
               (2)  the evidence proves the allegation of misconduct.
         (d)  This subchapter does not alter anthe at-will employment
  relationship between the peace officer and the law enforcement
  agency.
         Sec. 614.025.  INVESTIGATION OF COMPLAINT FILED BY A MEMBER
  OF THE PUBLIC AGAINST PEACE OFFICER. (a) A law enforcement agency
  shall investigate each complaint filed by a member of the public
  against a peace officer and review the available evidence related
  to the complaint, including any audio or video recording and any
  report filed by the peace officer.
         (b)  A law enforcement agency shall give a copy of any audio
  or video evidence related to a complaint against a peace officer to
  the complainant on request. This section does not prevent a law
  enforcement agency from asserting that any confidential material is
  exempt from disclosure under Sections 552.103, 552.107,or 552.108
  of the Texas Government Code or under any other basis permitted by
  law.
         (c)  If the law enforcement agency determines that there is a
  basis for further investigation into a possible violation by a
  peace officer, the agency shall notify the peace officer and the
  complainant that further investigation will be conducted.
         (d)  If the preliminary review of the evidence clearly
  indicates that there is no basis, in law or policy, for the
  complaint filed by a member of the public, the law enforcement
  agency shall notify the peace officer and the complainant that the
  complaint is without merit.
         (e)  An investigation must be completed not later than the
  180th day after the date a complaint is filed. The law enforcement
  agency shall provide the complainant an update on the progress of
  the investigation at least once every two months during that
  period.
         Sec. 614.026.  APPEAL OF COMPLAINT FILED BY A MEMBER OF THE
  PUBLIC AGAINST PEACE OFFICER. (a) A law enforcement agency shall
  adopt and implement procedures for the appeal by a complainant of a
  decision to dismiss a complaint filed by a member of the public by
  the complainant, against a peace officer because the complaint is
  determined to be without merit. The procedures must allow the
  complainant to provide the agency additional evidence relating to
  the complaint, including witness statements.
         (b)  A peace officer may appeal a decision relating to a
  complaint filed by a member of the public against the peace officer
  under the procedures established under applicable law, including
  under a meet and confer agreement, a collective bargaining
  agreement, or Chapter 142, 143, or 174, Local Government Code.
         Sec. 614.027.  DATA RELATING TO COMPLAINTS FILED BY MEMBERS
  OF THE PUBLIC AGAINST PEACE OFFICERS. (a) A law enforcement agency
  shall provide data relating to complaints filed by members of the
  public against peace officers of the agency, including the outcome
  of each complaint, to the Institute for Urban Policy Research &
  Analysis at The University of Texas at Austin.
         (b)  A law enforcement agency shall adopt the model standard
  procedures promulgated by the Bill Blackwood Law Enforcement
  Management Institute of Texas or the agency's own procedures to
  implement this section.
         SECTION 6.07.  Section 142.067, Local Government Code, is
  amended to read as follows:
         Sec. 142.067.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
  (a) Except as provided by Subsection (b), a [A] written meet and
  confer agreement ratified under this subchapter preempts, during
  the term of the agreement and to the extent of any conflict, all
  contrary state statutes, local ordinances, executive orders, civil
  service provisions, or rules adopted by the head of the law
  enforcement agency or municipality or by a division or agent of the
  municipality, such as a personnel board or a civil service
  commission.
         (b)  An agreement under this subchapter may not conflict with
  and does not supersede Subchapter B, Chapter 614, Government Code,
  or Article 2.1386, Code of Criminal Procedure.
         SECTION 6.08.  Section 143.307, Local Government Code, is
  amended by amending Subsections (a) and (b) and adding Subsection
  (d) to read as follows:
         (a)  Except as provided by Subsection (d), an [An] agreement
  under this subchapter supersedes a previous statute concerning
  wages, salaries, rates of pay, hours of work, or other terms and
  conditions of employment to the extent of any conflict with the
  statute.
         (b)  Except as provided by Subsection (d), an [An] agreement
  under this subchapter preempts any contrary statute, executive
  order, local ordinance, or rule adopted by the state or a political
  subdivision or agent of the state, including a personnel board, a
  civil service commission, or a home-rule municipality.
         (d)  An agreement under this subchapter affecting police
  officers may not conflict with and does not supersede Subchapter B,
  Chapter 614, Government Code, or Article 2.1386, Code of Criminal
  Procedure.
         SECTION 6.09.  Section 143.361, Local Government Code, is
  amended by amending Subsections (a) and (b) and adding Subsection
  (d) to read as follows:
         (a)  Except as provided by Subsection (d), a [A] written
  agreement ratified under this subchapter between a public employer
  and the bargaining agent supersedes a previous statute concerning
  wages, salaries, rates of pay, hours of work, and other terms of
  employment other than pension benefits to the extent of any
  conflict with the previous statute.
         (b)  Except as provided by Subsection (d), a [A] written
  agreement ratified under this subchapter preempts all contrary
  local ordinances, executive orders, legislation, or rules adopted
  by the state or a political subdivision or agent of the state, such
  as a personnel board, a civil service commission, or a home-rule
  municipality.
         (d)  An agreement under this subchapter may not conflict with
  and does not supersede Subchapter B, Chapter 614, Government Code,
  or Article 2.1386, Code of Criminal Procedure.
         SECTION 6.10.  Section 174.005, Local Government Code, is
  amended to read as follows:
         Sec. 174.005.  PREEMPTION OF OTHER LAW. (a) Except as
  provided by Subsection (b), this [This] chapter preempts all
  contrary local ordinances, executive orders, legislation, or rules
  adopted by the state or by a political subdivision or agent of the
  state, including a personnel board, civil service commission, or
  home-rule municipality.
         (b)  This chapter does not authorize the adoption or
  implementation of an agreement that conflicts with Subchapter B,
  Chapter 614, Government Code, or Article 2.1386, Code of Criminal
  Procedure.
         SECTION 6.11.  Sections 142.067(b), 143.307(d), 143.361(d),
  and 174.005(b), Local Government Code, as added by this article,
  apply only to an agreement entered into or renewed on or after
  September 1, 2018. An agreement entered into or renewed before
  September 1, 2018, is governed by the law in effect on the date the
  agreement was entered into or renewed, and the former law is
  continued in effect for that purpose.
         SECTION 6.12.  (a) Not later than December 31, 2017, the
  Bill Blackwood Law Enforcement Management Institute of Texas, in
  consultation with large, medium, and small law enforcement
  agencies, law enforcement associations, and community
  organizations engaged in the development of law enforcement policy
  on behalf of the public, shall develop, adopt, and disseminate to
  all law enforcement agencies in this state:
               (1)  the model standard procedures for a law
  enforcement agency to process a complaint filed by a member of the
  public against a peace officer, in accordance with Subchapter B,
  Chapter 614, Government Code, as amended by this article; and
               (2)  the model standard procedures for a law
  enforcement agency to report data relating to complaints against
  peace officers by members of the public to the Institute for Urban
  Policy Research & Analysis at The University of Texas at Austin,
  under Section 614.027, Government Code, as added by this article.
         (b)  Not later than September 1, 2018, each law enforcement
  agency of this state shall adopt the procedures required by
  Subchapter B, Chapter 614, Government Code, as amended by this
  article.
  ARTICLE 7. INDEPENDENT OMBUDSMAN
         SECTION 7.01.  Section 261.001, Human Resources Code, is
  amended by adding Subsection (3) and (4) to read as follows:
         Sec. 261.001.  DEFINITIONS. In this chapter:
               (1)  "Independent ombudsman" means the individual who
  has been appointed under this chapter to the office of independent
  ombudsman.
               (2)  "Office" means the office of independent ombudsman
  created under this chapter.
               (3)  "Department" means the Texas Juvenile Justice
  Department.
               (4)  "County jail" means a facility operated or
  contracted by a county for the confinement of persons accused or
  convicted an offense.
         SECTION 7.02.  Section 261.002, Human Resources Code, is
  amended to read as follows:
         Sec. 261.002.  ESTABLISHMENT; PURPOSE. The office of
  independent ombudsman is a state agency established for the purpose
  of investigating, evaluating, and securing the rights of the
  children committed to the department, including a child released
  under supervision before final discharge, and adults confined in
  county jails.
         SECTION 7.03.  Section 261.056, Human Resources Code, is
  amended by amending subsection (a) to read as follows:
         Sec. 261.056.  COMMUNICATION AND CONFIDENTIALITY. (a) The
  department shall allow any child committed to the department, and
  the Sheriff shall allow any adult confined in a county jail to
  communicate with the independent ombudsman or an assistant to the
  ombudsman. The communication:
               (1)  may be in person, by mail, or by any other means;
  and
               (2)  is confidential and privileged.
         SECTION 7.04.  Section 261.057, Human Resources Code, is
  amended to read as follows:
         Sec. 261.057.  PROMOTION OF AWARENESS OF OFFICE. The
  independent ombudsman shall promote awareness among the public and
  the children committed to the department, and among persons
  confined in county jails of:
               (1)  how the office may be contacted;
               (2)  the purpose of the office; and
               (3)  the services the office provides.
         SECTION 7.05.  Section 261.058, Human Resources Code, is
  amended by amending subsection (b) to read as follows:
         (b)  The office and the board shall adopt rules necessary to
  implement Section 261.060, including rules that establish
  procedures for the department and county jails to review and
  comment on reports of the office and for the department and county
  jails to expedite or eliminate review of and comment on a report
  due to an emergency or a serious or flagrant circumstance described
  by Section 261.055(b).
         SECTION 7.06.  Section 261.101, Human Resources Code, is
  amended by amending subsection (a) to read as follows:
         Sec. 261.101.  DUTIES AND POWERS. (a) The independent
  ombudsman shall:
               (1)  review the procedures established by the board and
  evaluate the delivery of services to children to ensure that the
  rights of children are fully observed;
               (1-a) evaluate the delivery of services adults in
  county jails to ensure that the rights of adults in county jails are
  fully observed;
               (2)  review complaints filed with the independent
  ombudsman concerning the actions of the department and investigate
  each complaint in which it appears that a [child] person may be in
  need of assistance from the independent ombudsman;
               (3)  conduct investigations of complaints, other than
  complaints alleging criminal behavior, if the office determines
  that:
                     (A)  a child committed to the department, an adult
  in county jail, or the child's family may be in need of assistance
  from the office; or
                     (B)  a systemic issue in the department's or a
  county jail's provision of services is raised by a complaint;
               (4)  review or inspect periodically the facilities and
  procedures of any institution or residence in which a child has been
  placed by the department, and the facilities and procedures of any
  county jail in which a person is confined, whether public or
  private, to ensure that the rights of children and the health and
  safety of persons confined in county jails are fully [observed]
  protected;
               (5)  provide assistance to a confined person, child or
  family who the independent ombudsman determines is in need of
  assistance, including advocating with an agency, provider, or other
  person in the best interests of the child or confined person;
               (6)  review court orders as necessary to fulfill its
  duties;
               (7)  recommend changes in any procedure relating to the
  treatment of children committed to the department, and adults in
  county jails;
               (8)  make appropriate referrals under any of the duties
  and powers listed in this subsection;
               (9)  supervise assistants who are serving as advocates
  in their representation of children committed to the department in
  internal administrative and disciplinary hearings;
               (10)  review reports received by the department
  relating to complaints regarding juvenile probation programs,
  services, or facilities and analyze the data contained in the
  reports to identify trends in complaints;
               (11)  report a possible standards violation by a local
  juvenile probation department to the appropriate division of the
  department or a possible standards violation by a county jail to the
  Commission on Jail Standards; [and]
               (12)  immediately report the findings of any
  investigation related to the operation of a post-adjudication
  correctional facility in a county to the chief juvenile probation
  officer and the juvenile board of the county[.]; and
               (13)  immediately report the substantiated findings of
  any investigation related to the health or safety of a person
  confined in a county jail to the Sheriff and Commissioners Court of
  the county.
         SECTION 7.07.  Section 261.104, Human Resources Code, is
  amended by adding subsection (c) to read as follows:
         c)  The office and the Commission on Jail Standards shall
  enter into a memorandum of understanding concerning:
               (1)  the most efficient manner in which to share
  information with one another; and
               (2)  opportunities for collaboration between the
  office and the Commission on Jail Standards.
         SECTION 7.08.  Section 261.151, Human Resources Code, is
  amended by amending subsection (c) to read as follows:
         (c)  A local law enforcement agency shall allow the
  independent ombudsman access to its records relating to any child
  in the care or custody of the department or to any records relating
  to a person confined in a county jail.
         SECTION 7.09.  Section 261.152, Human Resources Code, is
  amended to read as follows:
         Sec. 261.152.  ACCESS TO INFORMATION OF PRIVATE ENTITIES.
  The independent ombudsman shall have access to the records of a
  private entity that relate to a child committed to the department or
  to a person confined in a county jail.
  ARTICLE 8. EFFECTIVE DATE
         SECTION 8.01.  Except as otherwise provided by this Act,
  this Act takes effect September 1, 2017.