Bill Text: TX HB312 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to training for peace officers regarding implicit bias.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-02-25 - Referred to Homeland Security & Public Safety [HB312 Detail]

Download: Texas-2021-HB312-Introduced.html
  87R355 JCG-F
 
  By: Collier H.B. No. 312
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to training for peace officers regarding implicit bias.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1701.253, Occupations Code, is amended
  by adding Subsection (q) to read as follows:
         (q)  As part of the minimum curriculum requirements, the
  commission shall require an officer to complete the training
  program on implicit bias developed under Section 1701.269. An
  officer shall complete the program not later than the second
  anniversary of the date the officer is licensed under this chapter
  unless the officer completes the program as part of the officer's
  basic training course.
         SECTION 2.  Subchapter F, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.269 to read as follows:
         Sec. 1701.269.  IMPLICIT BIAS TRAINING PROGRAM. (a) In this
  section:
               (1)  "Board" means the State Board of Education.
               (2)  "Implicit bias" means bias in an individual's
  thoughts and feelings about social groups that:
                     (A)  can influence the individual's perceptions,
  decisions, and actions; and
                     (B)  often operate outside the individual's
  conscious awareness and without intent.
         (b)  The commission and the board shall:
               (1)  collaborate to develop a training program on
  recognizing and addressing implicit bias and testing materials for
  the program; and
               (2)  enter into a memorandum of understanding that
  establishes each agency's respective responsibilities in
  developing the training program and testing materials.
         (c)  The training program must:
               (1)  consist of at least four hours of classroom
  instruction;
               (2)  critically examine common stereotypes and
  cultural assumptions often held by communities and the officers who
  serve those communities;
               (3)  examine a training program participant's
  perception of other individuals, other individuals' perception of
  the participant, and the impact those perceptions have on officer
  effectiveness and safety;
               (4)  facilitate the observation and exploration of
  cultural differences to increase a participant's:
                     (A)  awareness of the effect cultural differences
  have on attitudes and behaviors; and 
                     (B)  appreciation for the commonalities that
  exist across diverse cultures;
               (5)  examine the direct effect diversity skills have on
  law enforcement activities, including hate crime investigations;
  and
               (6)  teach usable skills for serving a diverse
  community.
         (d)  In developing the training program, the commission and
  the board may consult with any interested party, including a
  volunteer work group convened to make recommendations regarding the
  training program.
         (e)  The commission and the board shall provide a reasonable
  period for public comment before finalizing the training program.
         SECTION 3.  Section 1701.352(b), Occupations Code, is
  amended to read as follows:
         (b)  The commission shall require a state, county, special
  district, or municipal agency that appoints or employs peace
  officers to provide each peace officer with a training program at
  least once every 48 months that is approved by the commission and
  consists of:
               (1)  topics selected by the agency; and
               (2)  for an officer holding only a basic proficiency
  certificate, not more than 20 hours of education and training that
  contain curricula incorporating the learning objectives developed
  by the commission regarding:
                     (A)  civil rights, racial sensitivity, and
  cultural diversity;
                     (B)  de-escalation and crisis intervention
  techniques to facilitate interaction with persons with mental
  impairments;
                     (C)  de-escalation techniques to facilitate
  interaction with members of the public, including techniques:
                           (i)  for limiting the use of force resulting
  in bodily injury; and
                           (ii)  to recognize and address implicit bias
  as defined by Section 1701.269; and
                     (D)  unless determined by the agency head to be
  inconsistent with the officer's assigned duties:
                           (i)  the recognition, documentation, and
  investigation of cases that involve child abuse or neglect, family
  violence, and sexual assault, including the use of best practices
  and trauma-informed techniques to effectively recognize, document,
  and investigate those cases; and
                           (ii)  issues concerning sex offender
  characteristics.
         SECTION 4.  As soon as practicable after the effective date
  of this Act:
               (1)  the Texas Commission on Law Enforcement and the
  State Board of Education shall enter into the memorandum of
  understanding required by Section 1701.269(b), Occupations Code,
  as added by this Act; and
               (2)  the Texas Commission on Law Enforcement shall
  adopt the rules necessary to implement Section 1701.253(q),
  Occupations Code, as added by this Act, and Section 1701.352(b),
  Occupations Code, as amended by this Act.
         SECTION 5.  Not later than January 1, 2022, the Texas
  Commission on Law Enforcement and the Texas State Board of
  Education shall develop the training program and testing materials
  required by Section 1701.269, Occupations Code, as added by this
  Act.
         SECTION 6.  Section 1701.253(q), Occupations Code, as added
  by this Act, applies only to a person who submits an application for
  a peace officer license under Chapter 1701, Occupations Code, on or
  after January 1, 2022. A person who submits an application for a
  peace officer license under Chapter 1701, Occupations Code, before
  January 1, 2022, is governed by the law in effect immediately before
  the effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2021.
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