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A BILL TO BE ENTITLED
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AN ACT
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relating to liability insurance obtained by certain peace officers |
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for damages resulting from misconduct committed by those officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 612, Government Code, is amended by |
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adding Section 612.006 to read as follows: |
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Sec. 612.006. LIABILITY INSURANCE COVERAGE OBTAINED BY |
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PEACE OFFICERS FOR THEIR MISCONDUCT. (a) In this section: |
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(1) "Law enforcement agency" means an agency of the |
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state or an agency of a political subdivision of the state |
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authorized by law to employ peace officers. |
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(2) "Peace officer" means an individual elected, |
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appointed, or employed to serve as a peace officer for a |
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governmental entity under Article 2.12, Code of Criminal Procedure, |
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or other law. |
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(b) This section applies only to a peace officer, other than |
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a reserve peace officer, who: |
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(1) works as a peace officer for a law enforcement |
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agency; and |
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(2) is entitled to benefits normally offered to a |
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full-time peace officer by the employing agency, such as retirement |
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benefits. |
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(c) A law enforcement agency may not employ a peace officer |
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to whom this section applies unless the peace officer obtains and |
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continuously maintains liability insurance to cover damages |
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resulting from any misconduct, including intentional, negligent, |
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or wilful acts, committed by the peace officer while acting in the |
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scope of the peace officer's employment for the law enforcement |
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agency. |
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(d) Liability insurance obtained and maintained for |
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purposes of Subsection (c) must comply with the rules adopted by the |
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commissioner of insurance under Subsection (e). |
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(e) The commissioner of insurance shall adopt rules with |
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respect to the liability insurance required by Subsection (c) that: |
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(1) set a minimum coverage amount for a policy that |
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allows for a reasonable number of victims to be compensated; and |
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(2) require a policy to state that the policy is |
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provided in accordance with and is subject to this section. |
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SECTION 2. Not later than January 1, 2024, the commissioner |
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of insurance shall adopt rules to implement Section 612.006, |
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Government Code, as added by this Act. |
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SECTION 3. Section 612.006(c), Government Code, as added by |
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this Act, applies only to a peace officer employed on or after |
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September 1, 2024. |
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SECTION 4. This Act takes effect September 1, 2023. |