88R19269 MPF-F
 
  By: Frazier, Plesa, Bumgarner, H.B. No. 3858
      Lopez of Cameron, Lujan, et al.
 
  Substitute the following for H.B. No. 3858:
 
  By:  Holland C.S.H.B. No. 3858
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to peace officer wellness programs within certain law
  enforcement agencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 4, Government Code, is amended
  by adding Chapter 425 to read as follows:
  CHAPTER 425.  PEACE OFFICER WELLNESS PROGRAM
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 425.001.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Fund" means the peace officer wellness fund.
               (3)  "Law enforcement agency" means a state agency or
  political subdivision of this state that employs at least 20 peace
  officers described by Article 2.12(1), (3), (4), (8), or (10), Code
  of Criminal Procedure, to answer emergency calls for service or
  conduct patrol operations, traffic enforcement, or criminal
  investigations. 
               (4)  "Violent incident" means an incident involving a
  peace officer that occurs while the officer is performing official
  duties and that poses a substantial risk of serious harm to the
  officer's mental health or well-being, including responding to a
  homicide, suicide, or fatal motor vehicle accident.
  SUBCHAPTER B.  WELLNESS PROGRAM
         Sec. 425.051.  ESTABLISHMENT OF PROGRAM. A law enforcement
  agency may establish and maintain a wellness program for the
  agency's peace officers.
         Sec. 425.052.  PROGRAM REQUIREMENTS. A law enforcement
  agency that establishes a wellness program must ensure the program
  complies with any requirements established by the commission and is
  available to each peace officer who has routinely responded to and
  may have been affected by a violent incident. The program at a
  minimum must provide:
               (1)  an initial telephone call or other form of contact
  from an agency representative to monitor the mental and physical
  well-being of a peace officer who may have been affected by a
  violent incident; and
               (2)  information regarding mental health resources,
  including counseling and therapy services, to a peace officer who
  is struggling to cope with the effect on the officer of responding
  to a violent incident.
  SUBCHAPTER C.  PEACE OFFICER WELLNESS FUND AND GRANT PROGRAM
         Sec. 425.101.  FUND. (a)  The peace officer wellness fund is
  an account in the general revenue fund.
         (b)  The fund is composed of: 
               (1)  money appropriated to the fund by the legislature;
               (2)  gifts and grants contributed to the fund; and
               (3)  the earnings of the fund.
         (c)  Money in the fund may be appropriated only to the
  commission. The commission may use the money only for making grants
  under Section 425.102.
         Sec. 425.102.  PEACE OFFICER WELLNESS GRANT PROGRAM.  (a)  
  The commission shall establish and administer a grant program to
  assist law enforcement agencies in establishing and maintaining
  peace officer wellness programs as required under Subchapter B.
         (b)  The commission shall establish:
               (1)  eligibility criteria for grant applicants;
               (2)  grant application procedures;
               (3)  guidelines relating to grant amounts;
               (4)  procedures for evaluating grant applications;
               (5)  guidelines relating to the use of a grant awarded
  under the program, including the reimbursement of costs associated
  with the provision of counseling and therapy services to peace
  officers participating in a wellness program; and
               (6)  procedures for monitoring the use of a grant
  awarded under the program and ensuring compliance with any
  condition of a grant.
         SECTION 2.  Not later than January 1, 2024, the executive
  commissioner of the Health and Human Services Commission shall
  prescribe any necessary requirements for peace officer wellness
  programs established under Chapter 425, Government Code, as added
  by this Act.
         SECTION 3.  This Act takes effect September 1, 2023.