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A BILL TO BE ENTITLED
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AN ACT
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relating to continuing education for and regular implicit bias |
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testing of peace officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.307(a), Occupations Code, is |
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amended to read as follows: |
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(a) The commission shall issue an appropriate officer or |
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county jailer license to a person who, as required by this chapter: |
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(1) submits an application; |
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(2) completes the required training; |
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(3) passes the required examination; |
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(4) is declared to be in satisfactory psychological |
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and emotional health and free from drug dependency or illegal drug |
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use; |
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(5) completes implicit bias testing; and |
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(6) [(5)] demonstrates weapons proficiency. |
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SECTION 2. Subchapter G, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.3085 to read as follows: |
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Sec. 1701.3085. IMPLICIT BIAS TESTING. (a) The commission |
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shall require a person applying for a peace officer license to |
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complete implicit bias testing. |
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(b) An agency hiring a person for whom a peace officer |
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license is sought shall report the test results to the commission |
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and maintain a copy of the test results in the person's personnel |
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file. |
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(c) The test results are confidential and not subject to |
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disclosure under Chapter 552, Government Code. |
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SECTION 3. The heading to Subchapter H, Chapter 1701, |
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Occupations Code, is amended to read as follows: |
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SUBCHAPTER H. CONTINUING EDUCATION, REGULAR IMPLICIT BIAS TESTING, |
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AND YEARLY WEAPONS PROFICIENCY |
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SECTION 4. 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 as |
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follows [and consists of]: |
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(1) at least once every 48 months an agency shall |
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provide a training program that consists of: |
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(A) topics selected by the agency; and |
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(B) [(2)] for an officer holding only a basic |
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proficiency certificate, not more than 20 hours of education and |
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training that contain curricula incorporating the learning |
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objectives developed by the commission regarding: |
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(i) [(A) civil rights, racial sensitivity, |
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and 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 |
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facilitate interaction with members of the public, including |
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techniques for limiting the use of force resulting in bodily |
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injury; and |
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(ii) [(D)] unless determined by the agency |
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head to be inconsistent with the officer's assigned duties: |
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(a) [(i)] the recognition, |
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documentation, and investigation of cases that involve child abuse |
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or neglect, family violence, and sexual assault, including the use |
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of best practices and trauma-informed techniques to effectively |
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recognize, document, and investigate those cases; and |
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(b) [(ii)] issues concerning sex |
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offender characteristics; and |
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(2) at least once every 12 months an agency shall |
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provide a training program that consists of the following topics: |
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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) ethics and professionalism; and |
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(D) implicit bias. |
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SECTION 5. Subchapter H, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.3555 to read as follows: |
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Sec. 1701.3555. REGULAR IMPLICIT BIAS TESTING. (a) The |
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commission shall require an agency that employs one or more peace |
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officers to conduct implicit bias testing on each peace officer the |
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agency employs at least once every five years. |
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(b) The agency shall report the test results to the |
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commission and maintain a copy of the test results in the officer's |
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personnel file. |
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(c) The test results are confidential and not subject to |
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disclosure under Chapter 552, Government Code. |
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SECTION 6. Not later than January 1, 2022, the Texas |
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Commission on Law Enforcement shall: |
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(1) approve training programs as required by Section |
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1701.352(b), Occupations Code, as amended by this Act; and |
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(2) adopt rules necessary to implement the changes in |
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law made by this Act. |
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SECTION 7. Section 1701.307(a), Occupations Code, as |
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amended by this Act, and Section 1701.3085, Occupations Code, as |
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added by this Act, apply only to a person who submits an application |
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for a peace officer license under Chapter 1701, Occupations Code, |
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on or after January 1, 2022. A person who submits an application for |
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a peace officer license under Chapter 1701, Occupations Code, |
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before January 1, 2022, is governed by the law in effect immediately |
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before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2021. |