Texas 2017 - 85th Regular

Texas House Bill HB2619 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Giddings, et al. (Senate Sponsor - Hughes) H.B. No. 2619
2		-	(In the Senate - Received from the House May 10, 2017;
3		-	May 17, 2017, read first time and referred to Committee on Criminal
4		-	Justice; May 21, 2017, reported favorably by the following vote:
5		-	Yeas 8, Nays 0; May 21, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2619
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to grant programs to maintain peace officers' mental
12	6		health and provide critical incident stress debriefing for certain
13	7		officers.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Subchapter A, Chapter 772, Government Code, is
16	10		amended by adding Section 772.0073 to read as follows:
17	11		Sec. 772.0073. PEACE OFFICER MENTAL HEALTH GRANT PROGRAM.
18	12		(a) In this section:
19	13		(1) "Law enforcement agency" means an agency of the
20	14		state or an agency of a political subdivision of the state
21	15		authorized by law to employ peace officers.
22	16		(2) "Criminal justice division" means the criminal
23	17		justice division established under Section 772.006.
24	18		(b) The criminal justice division shall establish and
25	19		administer a grant program through which a law enforcement agency
26	20		may apply for a grant to implement programs, practices, and
27	21		services designed to address the direct or indirect emotional harm
28	22		suffered by peace officers employed by the law enforcement agency
29	23		in the course of the officers' duties or as the result of the
30	24		commission of crimes by other persons.
31	25		(c) Grant money awarded under this section may be used to
32	26		pay for:
33	27		(1) mental health counseling and other mental health
34	28		care;
35	29		(2) personnel costs incurred by the department as a
36	30		result of providing direct services and supporting activities under
37	31		an implemented program, practice, or service;
38	32		(3) skills training for department personnel related
39	33		to providing direct services under an implemented program,
40	34		practice, or service; and
41	35		(4) evaluation of an implemented program, practice, or
42	36		service to determine its effectiveness.
43	37		(d) Information obtained in the administration of a
44	38		program, practice, or service funded by a grant made under this
45	39		section is confidential and is not subject to disclosure under
46	40		Chapter 552.
47	41		(e) A law enforcement agency may not use against a peace
48	42		officer in a departmental proceeding any information obtained in
49	43		the administration of a program, practice, or service funded by a
50	44		grant made under this section.
51	45		(f) The criminal justice division shall establish:
52	46		(1) eligibility criteria for grant applicants;
53	47		(2) grant application procedures;
54	48		(3) guidelines relating to grant amounts;
55	49		(4) procedures for evaluating grant applications; and
56	50		(5) procedures for monitoring the use of a grant
57	51		awarded under the program and ensuring compliance with any
58	52		conditions of a grant.
59	53		(g) The criminal justice division shall evaluate and
60	54		compare the programs, practices, and services implemented by each
61	55		law enforcement agency that receives a grant under this section to
62	56		determine the most successful programs, practices, and services for
63	57		maintaining the mental health of peace officers.
64	58		(h) The criminal justice division may contract with a third
65	59		party to conduct the evaluations and comparison described by
66	60		Subsection (g).
67	61		(i) The criminal justice division shall include in the
68	62		biennial report required by Section 772.006(a)(9) a detailed
69	63		reporting of the results and performance of the grant program
70	64		administered under this section.
71	65		(j) The criminal justice division may use any available
72	66		funds to implement this section.
73	67		SECTION 2. Subchapter A, Chapter 772, Government Code, is
74	68		amended by adding Section 772.0074 to read as follows:
75	69		Sec. 772.0074. CRITICAL INCIDENT STRESS DEBRIEFING GRANT
76	70		PROGRAM. (a) In this section:
77	71		(1) "Criminal justice division" means the criminal
78	72		justice division established under Section 772.006.
79	73		(2) "Critical incident" means an incident involving a
80	74		peace officer that occurs while the officer is performing official
81	75		duties and that results in serious bodily injury to the officer or
82	76		poses a substantial risk of serious bodily injury or death to the
83	77		officer or of serious harm to the officer's mental health or
84	78		well-being.
85	79		(3) "Law enforcement agency" means an agency of the
86	80		state or an agency of a political subdivision of the state that is
87	81		authorized by law to employ peace officers.
88	82		(4) "Peace officer" has the meaning assigned by
89	83		Article 2.12, Code of Criminal Procedure.
90	84		(b) The criminal justice division shall establish and
91	85		administer a grant program to assist law enforcement agencies in
92	86		providing critical incident stress debriefing to peace officers who
93	87		experience critical incidents while performing official duties.
94	88		(c) The criminal justice division may award a grant under
95	89		this section to:
96	90		(1) a law enforcement agency for the agency to provide
97	91		critical incident stress debriefing to peace officers employed by
98	92		the agency; or
99	93		(2) any other agency, organization with a focus on
100	94		mental health or trauma-related issues, or university with relevant
101	95		expertise and experience to assist in providing support for the
102	96		grant program, including support related to the development,
103	97		implementation, management, or evaluation of the grant program, as
104	98		determined necessary by the division.
105	99		(d) A law enforcement agency that receives a grant under
106	100		this section must:
107	101		(1) inform each peace officer employed by the agency
108	102		about:
109	103		(A) the program, including opportunities to
110	104		participate in the program; and
111	105		(B) if the officer participates in the program,
112	106		the confidentiality protections described by Subsection (e); and
113	107		(2) certify in writing that the agency will not use
114	108		disciplinary action or any other form of punishment, including the
115	109		refusal of a promotion, to discourage or prohibit an officer's
116	110		participation in the critical incident stress debriefing offered by
117	111		the agency.
118	112		(e) Critical incident stress debriefing provided using
119	113		money distributed under the grant program is subject to the
120	114		confidentiality protections provided under Section 784.003, Health
121	115		and Safety Code.
122	116		(f) The criminal justice division shall establish:
123	117		(1) eligibility criteria for grant applicants;
124	118		(2) grant application procedures;
125	119		(3) procedures for evaluating grant applications;
126	120		(4) the minimum qualifications necessary for a person
127	121		to conduct critical incident stress debriefing that is provided
128	122		using money distributed under the grant program; and
129	123		(5) guidance for the development of critical incident
130	124		stress debriefing curricula, materials, and best practices.
131	125		(g) The criminal justice division shall include in the
132	126		biennial report required by Section 772.006(a)(9) a detailed
133	127		reporting of the results and performance of the grant program
134	128		administered under this section.
135	129		SECTION 3. Not later than October 1, 2017, the criminal
136	130		justice division of the governor's office shall establish the grant
137	131		program required by Section 772.0074, Government Code, as added by
138	132		this Act, and, not later than January 1, 2018, shall begin to award
139	133		grants under the program.
140	134		SECTION 4. This Act takes effect September 1, 2017.
141		-	* * * * *
	135	+	______________________________ ______________________________
	136	+	President of the Senate Speaker of the House
	137	+	I certify that H.B. No. 2619 was passed by the House on May 9,
	138	+	2017, by the following vote: Yeas 123, Nays 16, 1 present, not
	139	+	voting.
	140	+	______________________________
	141	+	Chief Clerk of the House
	142	+	I certify that H.B. No. 2619 was passed by the Senate on May
	143	+	24, 2017, by the following vote: Yeas 30, Nays 1.
	144	+	______________________________
	145	+	Secretary of the Senate
	146	+	APPROVED: _____________________
	147	+	Date
	148	+	_____________________
	149	+	Governor