87R19259 ANG-F
 
  By: Thompson of Brazoria, White, et al. H.B. No. 3712
 
  Substitute the following for H.B. No. 3712:
 
  By:  White C.S.H.B. No. 3712
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the hiring and training of and policies for peace
  officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter F, Chapter 1701,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER F. TRAINING PROGRAMS, [AND] SCHOOLS, AND POLICIES
         SECTION 2.  Subchapter F, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.2551 to read as follows:
         Sec. 1701.2551.  BASIC PEACE OFFICER TRAINING COURSE. (a)
  The basic peace officer training course required as part of a peace
  officer training program under Section 1701.251(a) may be no less
  than 720 hours.
         (b)  The basic peace officer training course must include
  training on:
               (1)  the prohibition against the intentional use of a
  choke hold, carotid artery hold, or similar neck restraint by a
  peace officer in searching or arresting a person, unless the
  officer reasonably believes the restraint is necessary to prevent
  serious bodily injury to or the death of the peace officer or
  another person;
               (2)  the duty of a peace officer acting in an official
  capacity to intervene to stop or prevent another peace officer from
  using force against a person suspected of committing an offense if
  the scene is secure and the amount of force exceeds that which the
  officer reasonably believes is necessary under the circumstances;
  and
               (3)  the duty of a peace officer acting in an official
  capacity to render aid to a person who has suffered serious bodily
  injury from the use of force, unless the officer reasonably
  believes the provision of aid is likely to cause serious bodily
  injury to or the death of the peace officer or another person.
         SECTION 3.  Subchapter F, Chapter 1701, Occupations Code, is
  amended by adding Sections 1701.269 and 1701.270 to read as
  follows:
         Sec. 1701.269.  TRAINING PROGRAM AND POLICIES FOR PEACE
  OFFICERS. (a) The commission, in consultation with the Bill
  Blackwood Law Enforcement Management Institute of Texas and other
  interested parties chosen by the commission, shall develop and
  maintain a model training curriculum and model policies for law
  enforcement agencies and peace officers.
         (b)  The model training curriculum and model policies
  developed under Subsection (a) must include:
               (1)  curriculum and policies for field training
  programs;
               (2)  curriculum and policies for banning the use of a
  choke hold, carotid artery hold, or similar neck restraint by a
  peace officer in searching or arresting a person, unless the
  officer reasonably believes the restraint is necessary to prevent
  serious bodily injury to or the death of the peace officer or
  another person;
               (3)  curriculum and policies regarding the duty of a
  peace officer acting in an official capacity to intervene to stop or
  prevent another peace officer from using force against a person
  suspected of committing an offense if the scene is secure and the
  amount of force exceeds that which the officer reasonably believes
  is necessary under the circumstances;
               (4)  curriculum and policies regarding the duty of a
  peace officer acting in an official capacity to render aid to a
  person who has suffered serious bodily injury from the use of force,
  unless the officer reasonably believes the provision of aid is
  likely to cause serious bodily injury to or the death of the peace
  officer or another person; and
               (5)  curriculum and policies on the use of deadly force
  by peace officers.
         Sec. 1701.270.  REQUIRED POLICIES FOR LAW ENFORCEMENT
  AGENCIES. Not later than the 180th day after the date the
  commission provides the model policies described by Section
  1701.269(b), each law enforcement agency in this state shall adopt
  a policy on the topics described by that subsection. A law
  enforcement agency may adopt the model policies developed by the
  commission under that subsection. 
         SECTION 4.  Section 1701.351, Occupations Code, is amended
  by adding Subsection (a-2) to read as follows:
         (a-2)  Before the first day of each 24-month training unit
  during which peace officers are required to complete 40 hours of
  continuing education programs under Subsection (a), the commission
  shall specify the mandated topics to be covered in up to 16 of the
  required hours.
         SECTION 5.  Subchapter J, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.459 to read as follows:
         Sec. 1701.459.  MODEL POLICY ON PREEMPLOYMENT
  INVESTIGATIONS. The commission, in consultation with the Bill
  Blackwood Law Enforcement Management Institute of Texas and other
  interested parties chosen by the commission, shall develop and make
  available to all law enforcement agencies in this state a model
  policy for the preemployment investigation of a peace officer
  licensed under this chapter. The model policy must incorporate:
               (1)  the duties and responsibilities of a law
  enforcement agency or governmental entity under Section 1701.303;
               (2)  the request, analysis, and use of any employment
  termination report or criminal background check information
  obtained under Section 1701.451; and
               (3)  any other information the commission considers
  necessary to conduct a preemployment investigation of a person.
         SECTION 6.  (a) Not later than January 1, 2022, the Texas
  Commission on Law Enforcement shall modify the curriculum of the
  basic peace officer training course as necessary to comply with
  Section 1701.2551, Occupations Code, as added by this Act.
         (b)  The minimum hour and content requirements for the basic
  peace officer training course under Section 1701.2551, Occupations
  Code, as added by this Act, apply only to a person who first begins
  the course on or after July 1, 2022.
         SECTION 7.  Not later than January 1, 2022, the Texas
  Commission on Law Enforcement shall develop and make available the
  model training curriculum and model policies required by Section
  1701.269, Occupations Code, as added by this Act.
         SECTION 8.  Section 1701.351(a-2), Occupations Code, as
  added by this Act, applies only to a training unit that begins on or
  after the effective date of this Act.
         SECTION 9.  The Texas Commission on Law Enforcement is
  required to implement a provision of this Act only if the
  legislature appropriates money specifically for that purpose. If
  the legislature does not appropriate money specifically for that
  purpose, the commission may, but is not required to, implement a
  provision of this Act using other appropriations available for that
  purpose.
         SECTION 10.  This Act takes effect September 1, 2021.