Bill Text: TX HB88 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public, to peace officer liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-11-09 - Filed [HB88 Detail]

Download: Texas-2021-HB88-Introduced.html
  87R1083 SCL/AJZ-F
 
  By: Thompson of Harris H.B. No. 88
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to interactions between law enforcement and individuals
  detained or arrested on suspicion of the commission of criminal
  offenses, witnesses to the commission of those offenses, and other
  members of the public, to peace officer liability for those
  interactions, and to the confinement, conviction, or release of
  detained or arrested individuals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the George Floyd Act.
         SECTION 2.  Title 6, Civil Practice and Remedies Code, is
  amended by adding Chapter 135 to read as follows:
  CHAPTER 135. PEACE OFFICER LIABILITY FOR DEPRIVATION OF CERTAIN
  RIGHTS, PRIVILEGES, OR IMMUNITIES
         Sec. 135.0001.  DEFINITIONS. In this chapter:
               (1)  "Peace officer" has the meaning assigned by
  Article 2.12, Code of Criminal Procedure.
               (2)  "Public entity" means:
                     (A)  this state;
                     (B)  a political subdivision of this state,
  including a municipality or county; and
                     (C)  any other governmental agency whose
  authority is derived from the laws or constitution of this state.
         Sec. 135.0002.  PEACE OFFICER LIABILITY FOR DEPRIVATION OF
  RIGHTS, PRIVILEGES, OR IMMUNITIES UNDER COLOR OF LAW. (a) A person
  may bring an action for any appropriate relief, including legal or
  equitable relief, against a peace officer who, under the color of
  law, deprived the person of or caused the person to be deprived of a
  right, privilege, or immunity secured by the Texas Constitution.
         (b)  A person must bring an action under this chapter not
  later than two years after the day the cause of action accrues.
         Sec. 135.0003.  APPLICABILITY OF OTHER LAW; PROHIBITED
  DEFENSES. (a) Notwithstanding any other law, a statutory immunity
  or limitation on liability, damages, or attorney's fees does not
  apply to an action brought under this chapter.
         (b)  Notwithstanding any other law, qualified immunity or a
  defendant's good faith but erroneous belief in the lawfulness of
  the defendant's conduct is not a defense to an action brought under
  this chapter.
         Sec. 135.0004.  ATTORNEY'S FEES AND COSTS. (a) In an action
  brought under this chapter, a court shall award reasonable
  attorney's fees and costs to a prevailing plaintiff. 
         (b)  In an action brought under this chapter, if a judgment
  is entered in favor of a defendant, the court may award reasonable
  attorney's fees and costs to the defendant only for defending
  claims the court finds frivolous.
         Sec. 135.0005.  INDEMNIFICATION REQUIRED; EXCEPTION. (a)
  Notwithstanding any other law and except as provided by Subsection
  (b), a public entity shall indemnify a peace officer employed by the
  entity for liability incurred by and a judgment imposed against the
  officer in an action brought under this chapter.
         (b)  A public entity is not required to indemnify a peace
  officer employed by the entity under Subsection (a) if the officer
  was convicted of a criminal violation for the conduct that is the
  basis for the action brought under this chapter.
         SECTION 3.  Article 2.13(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  The officer [shall]:
               (1)  may, if authorized [in every case authorized by
  the provisions of this Code], interfere without warrant to prevent
  or suppress crime;
               (2)  shall execute all lawful process issued to the
  officer by any magistrate or court;
               (3)  shall give notice to some magistrate of all
  offenses committed within the officer's jurisdiction, if [where]
  the officer has probable cause [good reason] to believe there has
  been a violation of the penal law; [and]
               (4)  may, if authorized, arrest offenders without
  warrant so [in every case where the officer is authorized by law, in
  order] that they may be taken before the proper magistrate or court
  and be tried;
               (5)  shall make an identification as a peace officer
  before taking any action within the course and scope of the
  officer's official duties unless the identification would render
  the action impracticable;
               (6)  shall intervene if the use of force by another
  peace officer:
                     (A)  violates state or federal law or a policy of
  any entity served by the other officer;
                     (B)  puts any person at risk of bodily injury,
  unless the officer reasonably believes that the other officer's use
  of force is immediately necessary to avoid imminent harm to a peace
  officer or other person; or
                     (C)  is not required to apprehend or complete the
  apprehension of a suspect; and
               (7)  shall provide aid immediately to any person who
  needs medical attention, including a person who needs medical
  attention as a result of the use of force by a peace officer.
         SECTION 4.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Articles 2.1309 and 2.33 to read as follows:
         Art. 2.1309.  CITE AND RELEASE POLICY. (a) In this article,
  "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.
         (b)  Texas Southern University, in consultation with law
  enforcement agencies, law enforcement associations, law
  enforcement training experts, and community organizations engaged
  in the development of law enforcement policy, shall publish a
  written model policy regarding the issuance of citations for
  misdemeanor offenses, including traffic offenses, that are
  punishable by fine only. The policy must provide a procedure for a
  peace officer, on a person's presentation of appropriate
  identification, to verify the person's identity and issue a
  citation to the person. The policy must comply with Articles 14.01,
  14.03, and 14.06 of this code and Sections 543.001 and 543.004,
  Transportation Code.
         (c)  Each law enforcement agency shall adopt a written policy
  regarding the issuance of citations for misdemeanor offenses,
  including traffic offenses, that are punishable by fine only. The
  policy must meet the requirements for the model policy described by
  Subsection (b). A law enforcement agency may adopt the model policy
  published by Texas Southern University under Subsection (b).
         Art. 2.33.  LAW ENFORCEMENT POLICY ON DE-ESCALATION AND
  PROPORTIONATE RESPONSE. (a) In this article, "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.
         (b)  Each law enforcement agency shall adopt a detailed
  written policy regarding the use of force by peace officers. The
  policy must:
               (1)  emphasize conflict de-escalation and the use of
  force in a manner proportionate to the threat posed and to the
  seriousness of the alleged offense;
               (2)  mandate that deadly force is only to be used by
  peace officers as a last resort; and
               (3)  affirm the sanctity of human life and the
  importance of treating all persons with dignity and respect.
         (c)  A law enforcement agency may adopt the model policy
  developed by the Texas Commission on Law Enforcement under Section
  1701.165, Occupations Code, or may adopt its own policy.
         SECTION 5.  Article 14.01, Code of Criminal Procedure, is
  amended by adding Subsection (c) to read as follows:
         (c)  Notwithstanding Subsection (a) or (b), a peace officer
  or any other person may not, without a warrant, arrest an offender
  for a misdemeanor punishable by fine only, other than an offense
  under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,
  Penal Code.
         SECTION 6.  Article 14.03, Code of Criminal Procedure, is
  amended by adding Subsection (h) to read as follows:
         (h)  Notwithstanding Subsection (a), (d), or (g), a peace
  officer may not, without a warrant, arrest a person who only commits
  one or more offenses punishable by fine only, other than an offense
  under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,
  Penal Code.
         SECTION 7.  Article 14.06, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  A peace officer who is charging a person, including a
  child, with committing an offense that is a [Class C] misdemeanor
  punishable by fine only, other than an offense under Section 49.02,
  Penal Code, shall [may], instead of taking the person before a
  magistrate, issue a citation to the person that contains:
               (1)  written notice of the time and place the person
  must appear before a magistrate;
               (2)  the name and address of the person charged;
               (3)  the offense charged;
               (4)  information regarding the alternatives to the full
  payment of any fine or costs assessed against the person, if the
  person is convicted of the offense and is unable to pay that amount;
  and
               (5)  the following admonishment, in boldfaced or
  underlined type or in capital letters:
         "If you are convicted of a misdemeanor offense involving
  violence where you are or were a spouse, intimate partner, parent,
  or guardian of the victim or are or were involved in another,
  similar relationship with the victim, it may be unlawful for you to
  possess or purchase a firearm, including a handgun or long gun, or
  ammunition, pursuant to federal law under 18 U.S.C. Section
  922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
  questions whether these laws make it illegal for you to possess or
  purchase a firearm, you should consult an attorney."
         (b-1)  Notwithstanding Subsection (b), a peace officer who
  is charging a person, including a child, with committing an offense
  that is a misdemeanor under Section 22.01(a)(2) or (3), Penal Code,
  punishable by fine only may, instead of taking the person before a
  magistrate, issue a citation to the person that contains all of the
  information required for a citation issued under Subsection (b).
         SECTION 8.  Article 38.141, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 38.141.  CORROBORATION REQUIRED FOR CERTAIN TESTIMONY
  RELATING TO COVERT LAW ENFORCEMENT ACTIVITY [OF UNDERCOVER PEACE
  OFFICER OR SPECIAL INVESTIGATOR]. (a) A defendant may not be
  convicted of an offense under Chapter 481, Health and Safety Code,
  on the testimony of a person who is [not a licensed peace officer or
  a special investigator but who is] acting covertly on behalf of a
  law enforcement agency or under the color of law enforcement unless
  the testimony is corroborated by other evidence tending to connect
  the defendant with the offense committed.
         (b)  Corroboration is not sufficient for the purposes of this
  article if the corroboration only shows the commission of the
  offense.
         [(c)  In this article, "peace officer" means a person listed
  in Article 2.12, and "special investigator" means a person listed
  in Article 2.122.]
         SECTION 9.  Subchapter B, Chapter 142, Local Government
  Code, is amended by adding Section 142.0605 to read as follows:
         Sec. 142.0605.  PROGRESSIVE DISCIPLINARY MATRIX. (a)  A
  public employer shall implement a progressive disciplinary matrix,
  as described by Section 143.0511, for municipal police officers if
  the municipality has not adopted Chapter 143.
         (b)  The public employer shall adopt rules necessary to
  implement the progressive disciplinary matrix.
         SECTION 10.  Section 142.067, Local Government Code, is
  amended to read as follows:
         Sec. 142.067.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.  
  (a)  Except as provided by Subsection (b), a [A] written meet and
  confer agreement ratified under this subchapter preempts, during
  the term of the agreement and to the extent of any conflict, all
  contrary state statutes, local ordinances, executive orders, civil
  service provisions, or rules adopted by the head of the law
  enforcement agency or municipality or by a division or agent of the
  municipality, such as a personnel board or a civil service
  commission.
         (b)  An agreement under this subchapter:
               (1)  must implement the progressive disciplinary
  matrix established under Section 142.0605 or 143.0511; and
               (2)  may not conflict with and does not supersede a
  statute, ordinance, order, civil service provision, or rule
  concerning the disciplinary actions that may be imposed on a police
  officer under the progressive disciplinary matrix.
         SECTION 11.  Section 143.003, Local Government Code, is
  amended by adding Subdivision (6) to read as follows:
               (6)  "Progressive disciplinary matrix" means a formal
  schedule for disciplinary actions that may be taken against a
  police officer as described by Section 143.0511.
         SECTION 12.  Section 143.008, Local Government Code, is
  amended by amending Subsection (c) and adding Subsection (c-1) to
  read as follows:
         (c)  The commission shall adopt rules that prescribe cause
  for removal or suspension of a fire fighter [or police officer]. The
  rules must comply with the grounds for removal prescribed by
  Section 143.051.
         (c-1)  The commission shall adopt rules that prescribe the
  disciplinary actions that may be taken against a police officer
  under a progressive disciplinary matrix.
         SECTION 13.  Subchapter D, Chapter 143, Local Government
  Code, is amended by adding Section 143.0511 to read as follows:
         Sec. 143.0511.  PROGRESSIVE DISCIPLINARY MATRIX. (a)  The
  commission shall implement a progressive disciplinary matrix for
  infractions committed by police officers that consists of a range
  of progressive disciplinary actions applied in a standardized way
  based on the nature of the infraction and the officer's prior
  conduct record, including removal, suspension, change of duty or
  assignment, demotion, deduction of points from a promotional
  examination grade, retraining, a written warning, or a written
  reprimand.
         (b)  The progressive disciplinary matrix must include:
               (1)  standards for disciplinary actions relating to the
  use of force against another person, including the failure to
  de-escalate force incidents in accordance with departmental
  policy;
               (2)  standards for evaluating the level of discipline
  appropriate for uncommon infractions; and
               (3)  presumptive actions to be taken for each type of
  infraction and any adjustment to be made based on a police officer's
  previous disciplinary record.
         SECTION 14.  Section 143.057, Local Government Code, is
  amended by amending Subsection (a) and adding Subsection (b-1) to
  read as follows:
         (a)  In addition to the other notice requirements prescribed
  by this chapter, the written notice for a promotional bypass or the
  letter of disciplinary action, as applicable, issued to a fire
  fighter or police officer must state that in an appeal of an
  indefinite suspension, a suspension, a promotional bypass, [or] a
  recommended demotion, or, if issued to a police officer, any other
  disciplinary sanction, the appealing fire fighter or police officer
  may elect to appeal to an independent third party hearing examiner
  instead of to the commission. The letter must also state that if the
  fire fighter or police officer elects to appeal to a hearing
  examiner, the person waives all rights to appeal to a district court
  except as provided by Subsection (j).
         (b-1)  A hearing examiner must presume a disciplinary action
  applied to a police officer under a progressive disciplinary matrix
  is reasonable unless the facts indicate that the department
  inappropriately applied a category of offense to the particular
  violation.
         SECTION 15.  Section 143.307, Local Government Code, is
  amended by amending Subsections (a) and (b) and adding Subsection
  (d) to read as follows:
         (a)  Except as provided by Subsection (d), an [An] agreement
  under this subchapter supersedes a previous statute concerning
  wages, salaries, rates of pay, hours of work, or other terms and
  conditions of employment to the extent of any conflict with the
  statute.
         (b)  Except as provided by Subsection (d), an [An] agreement
  under this subchapter preempts any contrary statute, executive
  order, local ordinance, or rule adopted by the state or a political
  subdivision or agent of the state, including a personnel board, a
  civil service commission, or a home-rule municipality.
         (d)  An agreement under this subchapter affecting police
  officers:
               (1)  must implement the progressive disciplinary
  matrix established under Section 143.0511; and
               (2)  may not conflict with and does not supersede a
  statute, order, ordinance, or rule concerning the disciplinary
  actions that may be imposed on a police officer under the
  progressive disciplinary matrix.
         SECTION 16.  Section 143.361, Local Government Code, is
  amended by amending Subsections (a) and (b) and adding Subsection
  (d) to read as follows:
         (a)  Except as provided by Subsection (d), a [A] written
  agreement ratified under this subchapter between a public employer
  and the bargaining agent supersedes a previous statute concerning
  wages, salaries, rates of pay, hours of work, and other terms of
  employment other than pension benefits to the extent of any
  conflict with the previous statute.
         (b)  Except as provided by Subsection (d), a [A] written
  agreement ratified under this subchapter preempts all contrary
  local ordinances, executive orders, legislation, or rules adopted
  by the state or a political subdivision or agent of the state, such
  as a personnel board, a civil service commission, or a home-rule
  municipality.
         (d)  An agreement under this subchapter affecting police
  officers:
               (1)  must implement the progressive disciplinary
  matrix established under Section 143.0511; and
               (2)  may not conflict with and does not supersede an
  ordinance, order, statute, or rule concerning the disciplinary
  actions that may be imposed on a police officer under the
  progressive disciplinary matrix.
         SECTION 17.  Section 174.005, Local Government Code, is
  amended to read as follows:
         Sec. 174.005.  PREEMPTION OF OTHER LAW.  (a)  Except as
  provided by Subsection (b), this [This] chapter preempts all
  contrary local ordinances, executive orders, legislation, or rules
  adopted by the state or by a political subdivision or agent of the
  state, including a personnel board, civil service commission, or
  home-rule municipality.
         (b)  This chapter does not authorize the adoption or
  implementation of an agreement that conflicts with an ordinance,
  order, statute, or rule concerning the disciplinary actions that
  may be imposed on municipal police officers under a progressive
  disciplinary matrix implemented by the municipal public employer.
         SECTION 18.  Subchapter B, Chapter 174, Local Government
  Code, is amended by adding Section 174.024 to read as follows:
         Sec. 174.024.  PROGRESSIVE DISCIPLINARY MATRIX FOR CERTAIN
  POLICE OFFICERS. (a)  A municipal public employer shall implement a
  progressive disciplinary matrix, as described by Section 143.0511,
  for municipal police officers if the municipality has not adopted
  Chapter 143.
         (b)  The municipal public employer shall adopt rules
  necessary to implement the progressive disciplinary matrix.
         SECTION 19.  Subchapter D, Chapter 1701, Occupations Code,
  is amended by adding Section 1701.165 to read as follows:
         Sec. 1701.165.  MODEL POLICY ON USE OF FORCE. (a) The
  commission shall develop and make available to all law enforcement
  agencies in this state a model policy and associated training
  materials regarding the use of force by peace officers. The model
  policy must:
               (1)  be designed to minimize the number and severity of
  incidents in which peace officers use force; and
               (2)  be consistent with the requirements of Article
  2.33(b), Code of Criminal Procedure, and the guiding principles on
  the use of force issued by the Police Executive Research Forum.
         (b)  In developing a model policy under this section, the
  commission shall consult with:
               (1)  law enforcement agencies and organizations,
  including the Police Executive Research Forum and other national
  experts on police management and training; and
               (2)  community organizations.
         (c)  On request of a law enforcement agency, the commission
  shall provide the agency with training regarding the policy
  developed under Subsection (a).
         SECTION 20.  Sections 9.51(a), (b), (c), and (d), Penal
  Code, are amended to read as follows:
         (a)  A peace officer, or a person acting in a peace officer's
  presence and at the officer's [his] direction, is justified in
  using nonlethal force against another when and to the degree [the
  actor reasonably believes] the force is immediately necessary to
  make or assist in making an arrest or search, or to prevent or
  assist in preventing escape after arrest, if:
               (1)  the actor reasonably believes the arrest or search
  is lawful or, if the arrest or search is made under a warrant, the
  actor [he] reasonably believes the warrant is valid; [and]
               (2)  before using force, the actor:
                     (A)  manifests the actor's [his] purpose to arrest
  or search and identifies the actor [himself] as a peace officer or
  as a person [one] acting at a peace officer's direction, unless the
  actor [he] reasonably believes the actor's [his] purpose and
  identity are already known by or cannot reasonably be made known to
  the person for whom the arrest or search is authorized;
                     (B)  attempts to de-escalate the situation; and
                     (C)  issues a warning that force will be used;
               (3)  the force used is proportionate to the threat
  posed and to the seriousness of the alleged offense;
               (4)  the actor immediately terminates the use of force
  the moment the person against whom force is used becomes compliant
  or is subdued; and
               (5)  the use of force does not present a serious risk of
  injury to any person other than the actor or the person against whom
  the force is used [to be arrested].
         (b)  A person who is not [other than] a peace officer [(] or
  [one] acting at a peace officer's [his] direction [)] is justified
  in using nonlethal force against another when and to the degree [the
  actor reasonably believes] the force is immediately necessary to
  make or assist in making a lawful arrest, or to prevent or assist in
  preventing escape after lawful arrest if:
               (1)[,] before using force, the actor:
                     (A)  manifests the actor's [his] purpose to arrest
  and the reason for the arrest or reasonably believes the actor's
  [his] purpose and the reason are already known by or cannot
  reasonably be made known to the person for whom arrest is
  authorized;
                     (B)  attempts to de-escalate the situation; and
                     (C)  issues a warning that force will be used;
               (2)  the force used is proportionate to the threat
  posed and to the seriousness of the alleged offense;
               (3)  the actor immediately terminates the use of force
  the moment the person against whom force is used becomes compliant
  or is subdued; and
               (4)  the use of force does not present a serious risk of
  injury to any person other than the actor or the person against whom
  the force is used [to be arrested].
         (c)  A peace officer is only justified in using deadly force
  against another when and to the degree [the peace officer
  reasonably believes] the deadly force is immediately necessary to
  make an arrest, or to prevent escape after arrest, if the use of
  force would have been justified under Subsection (a) and:
               (1)  [the actor reasonably believes the conduct for
  which arrest is authorized included the use or attempted use of
  deadly force; or
               [(2) the actor reasonably believes there is a
  substantial risk that] the person for whom arrest is authorized
  poses an imminent threat of [to be arrested will cause] death or
  serious bodily injury to the actor or another;
               (2)  the deadly force is used only against the person
  for whom arrest is authorized;
               (3)  the actor immediately terminates the use of deadly
  force the moment the imminent threat of death or serious bodily
  injury is eliminated; and
               (4)  no lesser degree of force could have eliminated
  the imminent threat of death or serious bodily injury [if the arrest
  is delayed].
         (d)  A person who is not [other than] a peace officer but is
  acting in a peace officer's presence and at the officer's [his]
  direction is justified in using deadly force against another when
  and to the degree [the person reasonably believes] the deadly force
  is immediately necessary to make a lawful arrest, or to prevent
  escape after a lawful arrest, if the use of force would have been
  justified under Subsection (b) and:
               (1)  [the actor reasonably believes the felony or
  offense against the public peace for which arrest is authorized
  included the use or attempted use of deadly force; or
               [(2) the actor reasonably believes there is a
  substantial risk that] the person for whom arrest is authorized
  poses an imminent threat of [to be arrested will cause] death or
  serious bodily injury to another;
               (2)  the deadly force is used only against the person
  for whom arrest is authorized;
               (3)  the actor immediately terminates the use of deadly
  force the moment the imminent threat of death or serious bodily
  injury is eliminated; and
               (4)  no lesser degree of force could have eliminated
  the imminent threat of death or serious bodily injury [if the arrest
  is delayed].
         SECTION 21.  Subchapter E, Chapter 9, Penal Code, is amended
  by adding Section 9.515 to read as follows:
         Sec. 9.515.  PROHIBITED TECHNIQUES. Notwithstanding any
  other law, the use of force or deadly force against a person is not
  justified under Section 9.51 if the force or deadly force is used in
  a manner that impedes the normal breathing or circulation of the
  blood of the person by applying pressure to the person's throat or
  neck or by blocking the person's nose or mouth.
         SECTION 22.  Section 543.001, Transportation Code, is
  amended to read as follows:
         Sec. 543.001.  ARREST WITHOUT WARRANT AUTHORIZED. Any peace
  officer may arrest without warrant a person found committing a
  violation of this subtitle, other than a person found only
  committing one or more misdemeanors punishable by fine only.
         SECTION 23.  Section 543.004(a), Transportation Code, is
  amended to read as follows:
         (a)  An officer shall issue a written notice to appear if:
               (1)  the offense charged is a misdemeanor under this
  subtitle that is punishable by fine only[:
                     [(A)  speeding;
                     [(B)  the use of a wireless communication device
  under Section 545.4251; or
                     [(C)  a violation of the open container law,
  Section 49.031, Penal Code]; and
               (2)  the person makes a written promise to appear in
  court as provided by Section 543.005.
         SECTION 24.  Section 9.51(e), Penal Code, is repealed.
         SECTION 25.  Chapter 135, Civil Practice and Remedies Code,
  as added by this Act, applies only to a cause of action that accrues
  on or after the effective date of this Act.
         SECTION 26.  The changes in law made by this Act to the Local
  Government Code apply only to a disciplinary action for conduct
  that occurs on or after March 1, 2022. Conduct that occurs before
  that date is governed by the law in effect immediately before that
  date, and the former law is continued in effect for that purpose.
         SECTION 27.  Sections 142.067(b), 143.307(d), 143.361(d),
  and 174.005(b), Local Government Code, as added by this Act, apply
  only to an agreement entered into or renewed on or after March 1,
  2022. An agreement entered into or renewed before March 1, 2022, is
  governed by the law in effect on the date the agreement was entered
  into or renewed, and the former law is continued in effect for that
  purpose.
         SECTION 28.  (a)  The Bill Blackwood Law Enforcement
  Management Institute of Texas shall consult with law enforcement
  agencies of all sizes, law enforcement associations, law
  enforcement training experts, and appropriate organizations
  engaged in the development of law enforcement policy to develop a
  model progressive disciplinary matrix, as defined by Section
  143.003(6), Local Government Code, as added by this Act, and
  associated training materials regarding the application of that
  matrix. The institute shall provide for a period of public comment
  before adopting the model progressive disciplinary matrix and
  training materials.
         (b)  Not later than January 1, 2022, the institute shall
  adopt and disseminate the model progressive disciplinary matrix and
  training materials to all law enforcement agencies and civil
  service commissions in this state.
         (c)  This section expires September 1, 2022.
         SECTION 29.  Articles 14.01, 14.03, and 14.06, Code of
  Criminal Procedure, as amended by this Act, Section 9.515, Penal
  Code, as added by this Act, and Sections 543.001 and 543.004,
  Transportation Code, as amended by this Act, apply only to an
  offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 30.  (a) Not later than January 1, 2022, Texas
  Southern University shall publish the model policy required by
  Article 2.1309(b), Code of Criminal Procedure, as added by this
  Act.
         (b)  Not later than March 1, 2022, each law enforcement
  agency in this state shall adopt the policy required by Article
  2.1309(c), Code of Criminal Procedure, as added by this Act.
         SECTION 31.  Article 38.141, Code of Criminal Procedure, as
  amended by this Act, applies to any case in which a judgment is
  entered on or after the effective date of this Act. A case in which
  a judgment is entered before the effective date of this Act is
  governed by the law in effect on the date the judgment was entered,
  and the former law is continued in effect for that purpose.
         SECTION 32.  (a) Not later than January 1, 2022, the Texas
  Commission on Law Enforcement shall develop and make available the
  model policy and associated training materials required under
  Section 1701.165, Occupations Code, as added by this Act.
         (b)  Not later than March 1, 2022, each law enforcement
  agency in this state shall adopt the policy required by Article
  2.33, Code of Criminal Procedure, as added by this Act.
         (c)  Section 9.51, Penal Code, as amended by this Act,
  applies only to use of force that occurs on or after March 1, 2022.
         SECTION 33.  This Act takes effect September 1, 2021.
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