Bill Text: TX HB3712 | 2021-2022 | 87th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the training of and policies for peace officers.

Spectrum: Slight Partisan Bill (Republican 24-10)

Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB3712 Detail]

Download: Texas-2021-HB3712-Engrossed.html

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87R19259 ANG-F
By: Thompson of Brazoria, White, Schaefer, H.B. No. 3712
Cyrier, Moody, et al.

A BILL TO BE ENTITLED
AN ACT
relating to the hiring and training of and policies for peace
officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter F, Chapter 1701,
Occupations Code, is amended to read as follows:
SUBCHAPTER F. TRAINING PROGRAMS, [AND] SCHOOLS, AND POLICIES
SECTION 2. Subchapter F, Chapter 1701, Occupations Code, is
amended by adding Section 1701.2551 to read as follows:
Sec. 1701.2551. BASIC PEACE OFFICER TRAINING COURSE. (a)
The basic peace officer training course required as part of a peace
officer training program under Section 1701.251(a) may be no less
than 720 hours.
(b) The basic peace officer training course must include
training on:
(1) the prohibition against the intentional use of a
choke hold, carotid artery hold, or similar neck restraint by a
peace officer in searching or arresting a person, unless the
officer reasonably believes the restraint is necessary to prevent
serious bodily injury to or the death of the peace officer or
another person;
(2) the duty of a peace officer acting in an official
capacity to intervene to stop or prevent another peace officer from
using force against a person suspected of committing an offense if
the scene is secure and the amount of force exceeds that which the
officer reasonably believes is necessary under the circumstances;
and
(3) the duty of a peace officer acting in an official
capacity to render aid to a person who has suffered serious bodily
injury from the use of force, unless the officer reasonably
believes the provision of aid is likely to cause serious bodily
injury to or the death of the peace officer or another person.
SECTION 3. Subchapter F, Chapter 1701, Occupations Code, is
amended by adding Sections 1701.269 and 1701.270 to read as
follows:
Sec. 1701.269. TRAINING PROGRAM AND POLICIES FOR PEACE
OFFICERS. (a) The commission, in consultation with the Bill
Blackwood Law Enforcement Management Institute of Texas and other
interested parties chosen by the commission, shall develop and
maintain a model training curriculum and model policies for law
enforcement agencies and peace officers.
(b) The model training curriculum and model policies
developed under Subsection (a) must include:
(1) curriculum and policies for field training
programs;
(2) curriculum and policies for banning the use of a
choke hold, carotid artery hold, or similar neck restraint by a
peace officer in searching or arresting a person, unless the
officer reasonably believes the restraint is necessary to prevent
serious bodily injury to or the death of the peace officer or
another person;
(3) curriculum and policies regarding the duty of a
peace officer acting in an official capacity to intervene to stop or
prevent another peace officer from using force against a person
suspected of committing an offense if the scene is secure and the
amount of force exceeds that which the officer reasonably believes
is necessary under the circumstances;
(4) curriculum and policies regarding the duty of a
peace officer acting in an official capacity to render aid to a
person who has suffered serious bodily injury from the use of force,
unless the officer reasonably believes the provision of aid is
likely to cause serious bodily injury to or the death of the peace
officer or another person; and
(5) curriculum and policies on the use of deadly force
by peace officers.
Sec. 1701.270. REQUIRED POLICIES FOR LAW ENFORCEMENT
AGENCIES. Not later than the 180th day after the date the
commission provides the model policies described by Section
1701.269(b), each law enforcement agency in this state shall adopt
a policy on the topics described by that subsection. A law
enforcement agency may adopt the model policies developed by the
commission under that subsection.
SECTION 4. Section 1701.351, Occupations Code, is amended
by adding Subsection (a-2) to read as follows:
(a-2) Before the first day of each 24-month training unit
during which peace officers are required to complete 40 hours of
continuing education programs under Subsection (a), the commission
shall specify the mandated topics to be covered in up to 16 of the
required hours.
SECTION 5. Subchapter J, Chapter 1701, Occupations Code, is
amended by adding Section 1701.459 to read as follows:
Sec. 1701.459. MODEL POLICY ON PREEMPLOYMENT
INVESTIGATIONS. The commission, in consultation with the Bill
Blackwood Law Enforcement Management Institute of Texas and other
interested parties chosen by the commission, shall develop and make
available to all law enforcement agencies in this state a model
policy for the preemployment investigation of a peace officer
licensed under this chapter. The model policy must incorporate:
(1) the duties and responsibilities of a law
enforcement agency or governmental entity under Section 1701.303;
(2) the request, analysis, and use of any employment
termination report or criminal background check information
obtained under Section 1701.451; and
(3) any other information the commission considers
necessary to conduct a preemployment investigation of a person.
SECTION 6. (a) Not later than January 1, 2022, the Texas
Commission on Law Enforcement shall modify the curriculum of the
basic peace officer training course as necessary to comply with
Section 1701.2551, Occupations Code, as added by this Act.
(b) The minimum hour and content requirements for the basic
peace officer training course under Section 1701.2551, Occupations
Code, as added by this Act, apply only to a person who first begins
the course on or after July 1, 2022.
SECTION 7. Not later than January 1, 2022, the Texas
Commission on Law Enforcement shall develop and make available the
model training curriculum and model policies required by Section
1701.269, Occupations Code, as added by this Act.
SECTION 8. Section 1701.351(a-2), Occupations Code, as
added by this Act, applies only to a training unit that begins on or
after the effective date of this Act.
SECTION 9. The Texas Commission on Law Enforcement is
required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the commission may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 10. This Act takes effect September 1, 2021.