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A BILL TO BE ENTITLED
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AN ACT
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relating to the waiver of certain minimum standards for law |
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enforcement agencies based on financial hardship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.163, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT |
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AGENCIES; WAIVER BASED ON FINANCIAL HARDSHIP. (a) The commission, |
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with input from an advisory committee, shall by rule establish |
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minimum standards with respect to the creation or continued |
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operation of a law enforcement agency based on the function, size, |
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and jurisdiction of the agency, including: |
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(1) a determination regarding the public benefit of |
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creating the agency in the community; |
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(2) the sustainable funding sources for the agency; |
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(3) the physical resources available to officers, |
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including: |
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(A) all standard duty firearms; |
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(B) less lethal force weapons, including a |
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requirement of at least one per officer on duty; |
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(C) effective communications equipment; |
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(D) protective equipment, including a |
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requirement of at least one bullet-resistant vest per officer on |
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duty; |
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(E) officer uniforms; and |
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(F) patrol vehicles and associated equipment; |
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(4) the physical facilities of the agency, including |
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any evidence room, dispatch area, or public area; |
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(5) the policies of the agency, including policies on: |
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(A) use of force; |
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(B) vehicle pursuit; |
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(C) professional conduct of officers; |
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(D) domestic abuse protocols; |
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(E) response to missing persons; |
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(F) supervision of part-time officers; |
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(G) impartial policing; |
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(H) active shooters; and |
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(I) barricaded subjects; |
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(6) the administrative structure of the agency; |
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(7) liability insurance; and |
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(8) any other standard the commission considers |
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necessary. |
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(b) On written request by a law enforcement agency, the |
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commission shall grant the agency a waiver from complying with a |
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minimum standard established under Subsection (a) if the commission |
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determines the agency is unable to comply with the minimum standard |
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primarily based on a financial hardship experienced by the agency. |
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A request for a waiver under this subsection must include evidence |
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of the agency's financial hardship. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |