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