Bill Text: TX HB2619 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to grant programs to maintain peace officers' mental health and provide critical incident stress debriefing for certain officers.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [HB2619 Detail]
Download: Texas-2017-HB2619-Enrolled.html
H.B. No. 2619 |
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relating to grant programs to maintain peace officers' mental | ||
health and provide critical incident stress debriefing for certain | ||
officers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 772, Government Code, is | ||
amended by adding Section 772.0073 to read as follows: | ||
Sec. 772.0073. PEACE OFFICER MENTAL HEALTH GRANT PROGRAM. | ||
(a) In this section: | ||
(1) "Law enforcement agency" means an agency of the | ||
state or an agency of a political subdivision of the state | ||
authorized by law to employ peace officers. | ||
(2) "Criminal justice division" means the criminal | ||
justice division established under Section 772.006. | ||
(b) The criminal justice division shall establish and | ||
administer a grant program through which a law enforcement agency | ||
may apply for a grant to implement programs, practices, and | ||
services designed to address the direct or indirect emotional harm | ||
suffered by peace officers employed by the law enforcement agency | ||
in the course of the officers' duties or as the result of the | ||
commission of crimes by other persons. | ||
(c) Grant money awarded under this section may be used to | ||
pay for: | ||
(1) mental health counseling and other mental health | ||
care; | ||
(2) personnel costs incurred by the department as a | ||
result of providing direct services and supporting activities under | ||
an implemented program, practice, or service; | ||
(3) skills training for department personnel related | ||
to providing direct services under an implemented program, | ||
practice, or service; and | ||
(4) evaluation of an implemented program, practice, or | ||
service to determine its effectiveness. | ||
(d) Information obtained in the administration of a | ||
program, practice, or service funded by a grant made under this | ||
section is confidential and is not subject to disclosure under | ||
Chapter 552. | ||
(e) A law enforcement agency may not use against a peace | ||
officer in a departmental proceeding any information obtained in | ||
the administration of a program, practice, or service funded by a | ||
grant made under this section. | ||
(f) The criminal justice division shall establish: | ||
(1) eligibility criteria for grant applicants; | ||
(2) grant application procedures; | ||
(3) guidelines relating to grant amounts; | ||
(4) procedures for evaluating grant applications; and | ||
(5) procedures for monitoring the use of a grant | ||
awarded under the program and ensuring compliance with any | ||
conditions of a grant. | ||
(g) The criminal justice division shall evaluate and | ||
compare the programs, practices, and services implemented by each | ||
law enforcement agency that receives a grant under this section to | ||
determine the most successful programs, practices, and services for | ||
maintaining the mental health of peace officers. | ||
(h) The criminal justice division may contract with a third | ||
party to conduct the evaluations and comparison described by | ||
Subsection (g). | ||
(i) The criminal justice division shall include in the | ||
biennial report required by Section 772.006(a)(9) a detailed | ||
reporting of the results and performance of the grant program | ||
administered under this section. | ||
(j) The criminal justice division may use any available | ||
funds to implement this section. | ||
SECTION 2. Subchapter A, Chapter 772, Government Code, is | ||
amended by adding Section 772.0074 to read as follows: | ||
Sec. 772.0074. CRITICAL INCIDENT STRESS DEBRIEFING GRANT | ||
PROGRAM. (a) In this section: | ||
(1) "Criminal justice division" means the criminal | ||
justice division established under Section 772.006. | ||
(2) "Critical incident" means an incident involving a | ||
peace officer that occurs while the officer is performing official | ||
duties and that results in serious bodily injury to the officer or | ||
poses a substantial risk of serious bodily injury or death to the | ||
officer or of serious harm to the officer's mental health or | ||
well-being. | ||
(3) "Law enforcement agency" means an agency of the | ||
state or an agency of a political subdivision of the state that is | ||
authorized by law to employ peace officers. | ||
(4) "Peace officer" has the meaning assigned by | ||
Article 2.12, Code of Criminal Procedure. | ||
(b) The criminal justice division shall establish and | ||
administer a grant program to assist law enforcement agencies in | ||
providing critical incident stress debriefing to peace officers who | ||
experience critical incidents while performing official duties. | ||
(c) The criminal justice division may award a grant under | ||
this section to: | ||
(1) a law enforcement agency for the agency to provide | ||
critical incident stress debriefing to peace officers employed by | ||
the agency; or | ||
(2) any other agency, organization with a focus on | ||
mental health or trauma-related issues, or university with relevant | ||
expertise and experience to assist in providing support for the | ||
grant program, including support related to the development, | ||
implementation, management, or evaluation of the grant program, as | ||
determined necessary by the division. | ||
(d) A law enforcement agency that receives a grant under | ||
this section must: | ||
(1) inform each peace officer employed by the agency | ||
about: | ||
(A) the program, including opportunities to | ||
participate in the program; and | ||
(B) if the officer participates in the program, | ||
the confidentiality protections described by Subsection (e); and | ||
(2) certify in writing that the agency will not use | ||
disciplinary action or any other form of punishment, including the | ||
refusal of a promotion, to discourage or prohibit an officer's | ||
participation in the critical incident stress debriefing offered by | ||
the agency. | ||
(e) Critical incident stress debriefing provided using | ||
money distributed under the grant program is subject to the | ||
confidentiality protections provided under Section 784.003, Health | ||
and Safety Code. | ||
(f) The criminal justice division shall establish: | ||
(1) eligibility criteria for grant applicants; | ||
(2) grant application procedures; | ||
(3) procedures for evaluating grant applications; | ||
(4) the minimum qualifications necessary for a person | ||
to conduct critical incident stress debriefing that is provided | ||
using money distributed under the grant program; and | ||
(5) guidance for the development of critical incident | ||
stress debriefing curricula, materials, and best practices. | ||
(g) The criminal justice division shall include in the | ||
biennial report required by Section 772.006(a)(9) a detailed | ||
reporting of the results and performance of the grant program | ||
administered under this section. | ||
SECTION 3. Not later than October 1, 2017, the criminal | ||
justice division of the governor's office shall establish the grant | ||
program required by Section 772.0074, Government Code, as added by | ||
this Act, and, not later than January 1, 2018, shall begin to award | ||
grants under the program. | ||
SECTION 4. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2619 was passed by the House on May 9, | ||
2017, by the following vote: Yeas 123, Nays 16, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2619 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |