Texas 2023 - 88th Regular

Texas House Bill HB4873

Filed
3/10/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the licensing and regulation of peace officers.

Impact

The introduction of HB 4873 could significantly reshape the landscape of policing in Texas by instituting strict standards that officers must adhere to during their duties. By establishing a transparent rules-based system for discipline and conduct standards, the bill is expected to foster a culture of responsibility among law enforcement officers. This also includes the provision to submit revoked licenses to a national database, thereby improving inter-agency cooperation and oversight. The proposed changes aim to decrease instances of misconduct and protect both citizens and ethical law enforcement officers.

Summary

House Bill 4873 addresses the licensing and regulation of peace officers, aiming to implement comprehensive standards of conduct for law enforcement personnel in Texas. The bill mandates the Texas Commission on Law Enforcement (TCOLE) to establish minimum conduct standards which include protocols for pursuits, arrests, executing high-risk warrants, and conducting traffic stops. This legislative measure seeks to enhance accountability and professionalism within law enforcement agencies, thereby improving public trust and safety.

Sentiment

The sentiment surrounding HB 4873 appears to be mixed, with support primarily from those advocating for law enforcement transparency and accountability. Proponents, including some law enforcement associations, argue that setting forth clear standards will assist in maintaining professionalism in the field. However, there is some opposition from certain law enforcement representatives who express concern over the implications this might have on due process for officers when facing allegations of misconduct. This debate reveals tensions within law enforcement communities and concerns regarding the potential ramifications of stricter oversight.

Contention

One notable point of contention regarding HB 4873 pertains to the mechanisms of enforcing the standards of conduct. Critics have voiced concerns over the lack of explicit due process for officers in the disciplinary process, particularly regarding how violations are investigated and adjudicated. Additionally, some stakeholders worry that these new standards may place undue pressure on officers during critical incidents, potentially leading to second-guessing their actions in high-stakes situations. The balance between accountability and officer autonomy remains a crucial area of discussion as the bill moves forward.

Texas Constitutional Statutes Affected

Occupations Code

  • Chapter 1701. Law Enforcement Officers
    • Section: 165
    • Section: 166
    • Section: New Section
    • Section: 3135
    • Section: 501
    • Section: 165
    • Section: 166
    • Section: 3135
    • Section: 501

Companion Bills

No companion bills found.

Previously Filed As

TX SB9

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, the regulation of charitable bail organizations, pretrial intervention programs, and the notice provided by peace officers to victims of family violence, stalking, harassment, or terroristic threat.

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