| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to establishment of the office of first responder support |
|
|
within the Bill Blackwood Law Enforcement Management Institute of |
|
|
Texas; requiring occupational certification. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 96, Education Code, is |
|
|
amended by adding Section 96.642 to read as follows: |
|
|
Sec. 96.642. OFFICE OF FIRST RESPONDER SUPPORT. (a) In |
|
|
this section: |
|
|
(1) "Critical incident support services" means |
|
|
services designed to provide compassionate or coping support to an |
|
|
individual who is involved in, a witness to, or otherwise affected |
|
|
by a traumatic event, including a series of events that results in a |
|
|
traumatic event. |
|
|
(2) "First responder" has the meaning assigned by |
|
|
Section 421.095, Government Code. |
|
|
(3) "Institute" means the Bill Blackwood Law |
|
|
Enforcement Management Institute of Texas. |
|
|
(4) "Office" means the office of first responder |
|
|
support established by this section. |
|
|
(5) "Peer counselor" means an individual who provides |
|
|
critical incident support services to a first responder as an: |
|
|
(A) employee of the office; or |
|
|
(B) employee or volunteer of a public agency. |
|
|
(6) "President" means the president of Sam Houston |
|
|
State University. |
|
|
(7) "Public agency" has the meaning assigned by |
|
|
Section 2257.002, Government Code. |
|
|
(b) The president shall establish within the institute an |
|
|
office of first responder support. |
|
|
(c) The president shall appoint a support coordinator as the |
|
|
administrative head of the office. The support coordinator may |
|
|
also serve as a first responder or in another position within the |
|
|
institute. The support coordinator must: |
|
|
(1) have experience as a first responder; |
|
|
(2) have successfully completed training in providing |
|
|
emotional and moral support to first responders; and |
|
|
(3) demonstrate a professional ability to provide |
|
|
emotional and moral support to first responders. |
|
|
(d) The office at the request of a public agency may respond |
|
|
to and provide peer counselors and critical incident support |
|
|
services to the agency and the agency's first responders who are |
|
|
experiencing post-traumatic stress disorder or other trauma |
|
|
associated with performing the duties of a first responder. |
|
|
(e) The office shall establish a program for certifying |
|
|
individuals to provide critical incident support services to first |
|
|
responders and establish the qualifications necessary for |
|
|
certification. An individual may not provide the support services |
|
|
to a first responder as a peer counselor under this section unless |
|
|
the individual: |
|
|
(1) holds the certification required by this |
|
|
subsection; and |
|
|
(2) either: |
|
|
(A) is an employee or volunteer of a public |
|
|
agency and is designated by the executive head of the agency to |
|
|
provide the support services to the agency's first responders; or |
|
|
(B) is an employee of the office and provides the |
|
|
support services to first responders of public agencies that |
|
|
request assistance from the office. |
|
|
(f) The office shall develop a training course on critical |
|
|
incident stress management and other related matters for the |
|
|
benefit of first responders. |
|
|
(g) Except as provided by Subsection (h), communications |
|
|
between a peer counselor and a first responder receiving critical |
|
|
incident support services from the counselor are confidential and |
|
|
privileged and may not be disclosed. |
|
|
(h) The confidentiality and privilege provisions of |
|
|
Subsection (g) do not apply if: |
|
|
(1) disclosure is authorized by the first responder; |
|
|
(2) the first responder is deceased and the disclosure |
|
|
is authorized by: |
|
|
(A) the executor or administrator of the first |
|
|
responder's estate; or |
|
|
(B) the first responder's next of kin if an |
|
|
executor or administrator is not appointed; |
|
|
(3) disclosure is compelled by a court order; |
|
|
(4) the peer counselor was a first responder, witness, |
|
|
or party to the incident that is the subject of the counseling; |
|
|
(5) the communication was made when the peer counselor |
|
|
was not performing official duties as a peer counselor; |
|
|
(6) the first responder is charged with a criminal |
|
|
offense; or |
|
|
(7) the disclosure is otherwise required by law. |
|
|
(i) The office may solicit and accept gifts, grants, and |
|
|
donations to implement this section. |
|
|
(j) The president shall adopt rules necessary to implement |
|
|
this section. |
|
|
SECTION 2. As soon as practicable after the effective date |
|
|
of this Act, the president of Sam Houston State University shall |
|
|
adopt rules necessary to implement Section 96.642, Education Code, |
|
|
as added by this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |