| 1 | 1 | | 84R31308 NC-F |
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| 2 | 2 | | By: Burton S.B. No. 1529 |
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| 3 | 3 | | (Fletcher) |
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| 4 | 4 | | Substitute the following for S.B. No. 1529: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the creation and regulation of a law enforcement agency |
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| 10 | 10 | | or police department. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 1701.163, Occupations Code, is amended |
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| 13 | 13 | | by adding Subsection (c) to read as follows: |
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| 14 | 14 | | (c) The entity may not begin operation of the law |
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| 15 | 15 | | enforcement agency or police department unless: |
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| 16 | 16 | | (1) the entity submits all of the information required |
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| 17 | 17 | | under Subsection (b) to the commission; and |
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| 18 | 18 | | (2) the commission issues the entity an agency number |
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| 19 | 19 | | for the law enforcement agency or police department. |
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| 20 | 20 | | SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is |
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| 21 | 21 | | amended by adding Section 1701.1631 to read as follows: |
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| 22 | 22 | | Sec. 1701.1631. SUSPENSION OF OPERATIONS OF CERTAIN |
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| 23 | 23 | | AGENCIES OR DEPARTMENTS. The commission may suspend the operations |
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| 24 | 24 | | of a law enforcement agency or police department described by |
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| 25 | 25 | | Section 1701.163 if the entity creating the law enforcement agency |
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| 26 | 26 | | or police department: |
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| 27 | 27 | | (1) cannot demonstrate an ongoing need for the law |
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| 28 | 28 | | enforcement agency or police department in the community; |
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| 29 | 29 | | (2) does not maintain or provide adequate physical |
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| 30 | 30 | | facilities for the law enforcement agency or police department, |
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| 31 | 31 | | including an adequate evidence room, dispatch area, and public |
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| 32 | 32 | | area; |
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| 33 | 33 | | (3) does not maintain or enforce adequate law |
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| 34 | 34 | | enforcement policies for the law enforcement agency or police |
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| 35 | 35 | | department, including policies on: |
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| 36 | 36 | | (A) use of force; |
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| 37 | 37 | | (B) vehicle pursuit; |
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| 38 | 38 | | (C) professional conduct of officers; |
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| 39 | 39 | | (D) domestic abuse protocols; |
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| 40 | 40 | | (E) response to missing persons; |
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| 41 | 41 | | (F) supervision of part-time officers; and |
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| 42 | 42 | | (G) impartial policing; |
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| 43 | 43 | | (4) does not have an effective administrative |
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| 44 | 44 | | structure for the law enforcement agency or police department; or |
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| 45 | 45 | | (5) does not maintain adequate liability insurance for |
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| 46 | 46 | | the law enforcement agency or police department. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2015. |
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