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A BILL TO BE ENTITLED
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AN ACT
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relating to training for peace officers regarding implicit bias. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.253, Occupations Code, is amended |
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by adding Subsection (q) to read as follows: |
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(q) As part of the minimum curriculum requirements, the |
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commission shall require an officer to complete the training |
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program on implicit bias developed under Section 1701.269. An |
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officer shall complete the program not later than the second |
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anniversary of the date the officer is licensed under this chapter |
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unless the officer completes the program as part of the officer's |
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basic training course. |
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SECTION 2. Subchapter F, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.269 to read as follows: |
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Sec. 1701.269. IMPLICIT BIAS TRAINING PROGRAM. (a) In this |
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section: |
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(1) "Board" means the State Board of Education. |
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(2) "Implicit bias" means bias in an individual's |
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thoughts and feelings about social groups that: |
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(A) can influence the individual's perceptions, |
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decisions, and actions; and |
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(B) often operate outside the individual's |
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conscious awareness and without intent. |
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(b) The commission and the board shall: |
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(1) collaborate to develop a training program on |
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recognizing and addressing implicit bias and testing materials for |
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the program; and |
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(2) enter into a memorandum of understanding that |
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establishes each agency's respective responsibilities in |
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developing the training program and testing materials. |
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(c) The training program must: |
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(1) consist of at least four hours of classroom |
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instruction; |
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(2) critically examine common stereotypes and |
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cultural assumptions often held by communities and the officers who |
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serve those communities; |
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(3) examine a training program participant's |
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perception of other individuals, other individuals' perception of |
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the participant, and the impact those perceptions have on officer |
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effectiveness and safety; |
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(4) facilitate the observation and exploration of |
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cultural differences to increase a participant's: |
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(A) awareness of the effect cultural differences |
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have on attitudes and behaviors; and |
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(B) appreciation for the commonalities that |
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exist across diverse cultures; |
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(5) examine the direct effect diversity skills have on |
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law enforcement activities, including hate crime investigations; |
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and |
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(6) teach usable skills for serving a diverse |
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community. |
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(d) In developing the training program, the commission and |
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the board may consult with any interested party, including a |
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volunteer work group convened to make recommendations regarding the |
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training program. |
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(e) The commission and the board shall provide a reasonable |
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period for public comment before finalizing the training program. |
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SECTION 3. Section 1701.352(b), Occupations Code, is |
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amended to read as follows: |
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(b) The commission shall require a state, county, special |
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district, or municipal agency that appoints or employs peace |
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officers to provide each peace officer with a training program at |
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least once every 48 months that is approved by the commission and |
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consists of: |
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(1) topics selected by the agency; and |
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(2) for an officer holding only a basic proficiency |
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certificate, not more than 20 hours of education and training that |
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contain curricula incorporating the learning objectives developed |
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by the commission regarding: |
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(A) civil rights, racial sensitivity, and |
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cultural diversity; |
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(B) de-escalation and crisis intervention |
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techniques to facilitate interaction with persons with mental |
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impairments; |
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(C) de-escalation techniques to facilitate |
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interaction with members of the public, including techniques: |
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(i) for limiting the use of force resulting |
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in bodily injury; and |
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(ii) to recognize and address implicit bias |
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as defined by Section 1701.269; and |
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(D) unless determined by the agency head to be |
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inconsistent with the officer's assigned duties: |
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(i) the recognition, documentation, and |
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investigation of cases that involve child abuse or neglect, family |
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violence, and sexual assault, including the use of best practices |
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and trauma-informed techniques to effectively recognize, document, |
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and investigate those cases; and |
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(ii) issues concerning sex offender |
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characteristics. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act: |
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(1) the Texas Commission on Law Enforcement and the |
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State Board of Education shall enter into the memorandum of |
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understanding required by Section 1701.269(b), Occupations Code, |
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as added by this Act; and |
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(2) the Texas Commission on Law Enforcement shall |
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adopt the rules necessary to implement Section 1701.253(q), |
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Occupations Code, as added by this Act, and Section 1701.352(b), |
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Occupations Code, as amended by this Act. |
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SECTION 5. Not later than January 1, 2022, the Texas |
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Commission on Law Enforcement and the Texas State Board of |
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Education shall develop the training program and testing materials |
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required by Section 1701.269, Occupations Code, as added by this |
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Act. |
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SECTION 6. Section 1701.253(q), Occupations Code, as added |
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by this Act, applies only to a person who submits an application for |
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a peace officer license under Chapter 1701, Occupations Code, on or |
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after January 1, 2022. A person who submits an application for a |
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peace officer license under Chapter 1701, Occupations Code, before |
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January 1, 2022, is governed by the law in effect immediately before |
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the effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |