87R3424 JSC-F
 
  By: Dutton H.B. No. 579
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration and deployment of special weapons
  and tactics teams.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 1701, Occupations Code, is amended by
  adding Subchapter P to read as follows:
  SUBCHAPTER P.  SPECIAL WEAPONS AND TACTICS TEAMS
         Sec. 1701.751.  DEFINITIONS. In this subchapter:
               (1)  "Body worn camera" has the meaning assigned by
  Section 1701.651.
               (2)  "Special weapons and tactics team" or "SWAT team"
  means a designated team of law enforcement officers who are
  specifically trained and equipped to work as a coordinated team to
  respond to critical incidents, including barricaded suspects,
  snipers, terrorist acts, the taking of hostages, and other
  high-risk incidents.  The term applies regardless of the name the
  law enforcement agency gives to the team.
         Sec. 1701.752.  PROVISION OF BODY WORN CAMERAS TO SWAT
  TEAMS. (a) A law enforcement agency may not create or administer a
  SWAT team unless:
               (1)  each law enforcement officer on that team is
  equipped with a body worn camera; and
               (2)  the law enforcement agency establishes policies
  and procedures to ensure that body worn cameras:
                     (A)  are activated and recording during all team
  action; and
                     (B)  continue recording until:
                           (i)  all suspects present at the scene have
  been arrested or released from custody; or
                           (ii)  all law enforcement personnel have
  left the premises.
         (b)  Body worn camera video is subject to requirements
  provided by or adopted pursuant to Sections 1701.655 and 1701.755.
         Sec. 1701.753.  STANDARDS FOR DEPLOYMENT OF SWAT TEAMS. (a)  
  A law enforcement agency administering a SWAT team shall adopt a
  policy designed to limit the deployment of that team to situations
  involving an imminent threat of serious bodily injury to law
  enforcement officers or the public.
         (b)  The decision to deploy a SWAT team must be based on
  consideration of:
               (1)  any available evidence indicating an imminent
  threat to a person or officer; and
               (2)  whether conditions are such that the suspect
  cannot reasonably be apprehended using routine methods.
         (c)  The existence of a legally owned firearm in the home of
  an individual does not in itself constitute evidence of an imminent
  threat.
         (d)  When a SWAT team is deployed for a planned warrant
  service or for an incident not involving ongoing violence:
               (1)  the basis for believing an imminent threat exists
  must be reviewed and approved by a supervisor at the level of
  captain or above before the deployment occurs; and
               (2)  the supervisor described by Subdivision (1) must
  provide in advance of the deployment written justification for any
  execution of a warrant after sunset and before sunrise.
         Sec. 1701.754.  REPORTS REQUIRED FOR SWAT TEAM DEPLOYMENTS.
  (a) Each law enforcement agency administering a SWAT team shall
  annually report information about team deployments and training to
  the agency's local governing body.
         (b)  The commission by rule shall create:
               (1)  a training curriculum and standards for
  certification as a SWAT team member;
               (2)  continuing education requirements for SWAT team
  certified officers;
               (3)  in-service training requirements to be completed
  as a SWAT team; and
               (4)  a form for use by law enforcement agencies for
  reporting to the local governing body as required by Subsection
  (a).
         (c)  The report to the local governing body under Subsection
  (a) must include:
               (1)  each date on which the SWAT team was deployed;
               (2)  the location for each incident involving the
  deployment of the SWAT team;
               (3)  the specific reason for the deployment, including
  a short description of the evidence of an imminent threat or the
  existence of a tip by an undercover or anonymous informant;
               (4)  a listing of military or forcible entry equipment
  used, if any;
               (5)  if known, the age, gender, and race or ethnicity of
  each injured or deceased person involved in the incident;
               (6)  a list of any controlled substances, weapons,
  contraband, or other evidence of crime seized from the premises or
  from any persons;
               (7)  whether any person used, exhibited, or carried a
  deadly weapon during the incident;
               (8)  whether the incident occurred as a result of an
  investigation of an offense involving a controlled substance; and
               (9)  the training and education completed by the SWAT
  team collectively and for the SWAT team certified officers
  individually.
         Sec. 1701.755.  VIDEO OR AUDIO RECORDINGS OF PERSONS INJURED
  BY SWAT TEAM. A person who suffers serious bodily injury as a
  result of a SWAT team action, or an immediate family member of a
  person who suffered serious bodily injury or died as a result of a
  SWAT team action, is entitled to receive a copy of any video or
  audio recording made by the team and containing footage of the
  action. The person or family member must submit a request for the
  recording to the law enforcement agency administering the
  applicable SWAT team.
         SECTION 2.  The Texas Commission on Law Enforcement shall
  adopt the rules required by Section 1701.754, Occupations Code, as
  added by this Act, not later than December 1, 2021.
         SECTION 3.  A law enforcement agency that administers a SWAT
  team on or after the effective date of this Act is not required to
  comply with Subchapter P, Chapter 1701, Occupations Code, as added
  by this Act, before March 1, 2022.
         SECTION 4.  This Act takes effect September 1, 2021.