Texas 2017 - 85th Regular

Texas House Bill HB4172 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Coleman H.B. No. 4172
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to training for law enforcement officers and officials;
7	7	authorizing a fee.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1701.253, Occupations Code, is amended
10	10	by amending Subsections (c), (h), and (j) and adding Subsection (n)
11	11	to read as follows:
12	12	(c) As part of the minimum curriculum requirements, the
13	13	commission shall establish a statewide comprehensive education and
14	14	training program on civil rights, racial sensitivity, implicit
15	15	bias, and cultural diversity for persons licensed under this
16	16	chapter.
17	17	(h) As part of the minimum curriculum requirements, the
18	18	commission shall establish a statewide comprehensive education and
19	19	trainin
20	20	g program on racial profiling for officers licensed under
21	21	this chapter. An officer shall complete a program established
22	22	under this subsection not later than the first [second] anniversary
23	23	of the date the officer is licensed under this chapter or the date
24	24	the officer applies for an intermediate proficiency certificate,
25	25	whichever date is earlier.
26	26	(j) As part of the minimum curriculum requirements, the
27	27	commission shall require an officer to complete a 40-hour statewide
28	28	education and training program on de-escalation and crisis
29	29	intervention techniques to facilitate interaction with persons
30	30	with mental impairments. An officer shall complete the program not
31	31	later than the first [second] anniversary of the date the officer is
32	32	licensed under this chapter or the date the officer applies for an
33	33	intermediate proficiency certificate, whichever date is earlier.
34	34	An officer may not satisfy the requirements of this subsection
35	35	[section] or Section 1701.402(g) by taking an online course on
36	36	de-escalation and crisis intervention techniques to facilitate
37	37	interaction with persons with mental impairments.
38	38	(n) As part of the minimum curriculum requirements, the
39	39	commission shall require an officer to complete a statewide
40	40	education and training program on de-escalation techniques to
41	41	facilitate interaction with members of the public, including
42	42	techniques for limiting the use of force. An officer shall complete
43	43	the program not later than the first anniversary of the date the
44	44	officer is licensed under this chapter or the date the officer
45	45	applies for an intermediate proficiency certificate, whichever
46	46	date is earlier. An officer may not satisfy the requirements of
47	47	this subsection or Section 1701.402(n) by taking an online course.
48	48	SECTION 2. Section 1701.310, Occupations Code, is amended
49	49	by adding Subsections (f) to read as follows:
50	50	(f) A person assigned by the sheriff to the chief command
51	51	position overseeing a county jail shall within 90 days of being
52	52	assigned to the chief command position overseeing a county jail
53	53	pass the chief command position exam.
54	54	(1) If a person assigned to the chief command position
55	55	overseeing a county jail fails the chief command position exam they
56	56	shall be immediately removed, and be unable to be reinstated until
57	57	they pass the chief command position exam.
58	58	(2) A person who fails the chief command position exam
59	59	must wait a minimum of 90 days to retake the exam.
60	60	(3) The Sheriff of the County in which the jail is
61	61	located shall hold the chief command position until a new person is
62	62	appointed, or the person originally assigned has passed the chief
63	63	command position exam.
64	64	SECTION 3. Section 1701.352, Occupations Code, is amended
65	65	by amending Subsections (b) and (e) and adding Subsection (j) to
66	66	read as follows:
67	67	(b) The commission shall require a state, county, special
68	68	district, or municipal agency that appoints or employs peace
69	69	officers to provide each peace officer with a training program at
70	70	least once every 48 months that is approved by the commission and
71	71	consists of:
72	72	(1) topics selected by the agency; and
73	73	(2) for an officer holding only a basic proficiency
74	74	certificate, not more than 20 hours of education and training that
75	75	contain curricula incorporating the learning objectives developed
76	76	by the commission regarding:
77	77	(A) civil rights, racial sensitivity, implicit
78	78	bias, and cultural diversity;
79	79	(B) de-escalation and crisis intervention
80	80	techniques to facilitate interaction with persons with mental
81	81	impairments; [and]
82	82	(C) de-escalation techniques to facilitate
83	83	interaction with members of the public, including techniques for
84	84	limiting the use of force; and
85	85	(D) unless determined by the agency head to be
86	86	inconsistent with the officer's assigned duties:
87	87	(i) the recognition and documentation of
88	88	cases that involve child abuse or neglect, family violence, and
89	89	sexual assault; and
90	90	(ii) issues concerning sex offender
91	91	characteristics.
92	92	(e) The commission may require a state, county, special
93	93	district, or municipal agency that appoints or employs a reserve
94	94	law enforcement officer, county jailer, or public security officer
95	95	to provide each of those persons with education and training in
96	96	civil rights, racial sensitivity, implicit bias, and cultural
97	97	diversity at least once every 48 months.
98	98	(j) The education and training program on de-escalation
99	99	techniques to facilitate interaction with members of the public
100	100	under Subsection (b)(2)(C) may not be provided as an online course.
101	101	SECTION 4. Section 1701.402, Occupations Code, is amended
102	102	by amending Subsection (i) and adding Subsection (n) to read as
103	103	follows:
104	104	(i) As a requirement for an intermediate proficiency
105	105	certificate, an officer must complete an education and training
106	106	program on civil rights, racial sensitivity, implicit bias, and
107	107	cultural diversity established by the commission under Section
108	108	1701.253(c).
109	109	(n) As a requirement for an intermediate proficiency
110	110	certificate or an advanced proficiency certificate, an officer must
111	111	complete the education and training program regarding
112	112	de-escalation techniques to facilitate interaction with members of
113	113	the public established by the commission under Section 1701.253(n).
114	114	SECTION 5. Section 1701.310, Occupations Code, is amended
115	115	by amending Subsections (a) to read as follows:
116	116	Sec. 1701.310. APPOINTMENT OF COUNTY JAILER; TRAINING
117	117	REQUIRED. (a) Except as provided by Subsection (e), a person may
118	118	not be appointed as a county jailer, except on a temporary basis,
119	119	unless the person has satisfactorily completed a preparatory
120	120	training program which includes 24 hours of training to facilitate
121	121	interaction with persons with mental impairments, as required by
122	122	the commission, in the operation of a county jail at a school
123	123	operated or licensed by the commission.
124	124	SECTION 6. Chapter 511, Government Code, is amended by
125	125	adding Section 511.00905 to read as follows:
126	126	Sec. 511.00905. CHIEF COMMAND POSITION; EXAMINATION
127	127	REQUIRED. (a) The commission shall approve an examination for a
128	128	person assigned to the chief command position overseeing a county
129	129	jail.
130	130	(b) The commission shall adopt rules requiring a person,
131	131	other than a sheriff, assigned to the chief command position
132	132	overseeing a county jail to pass the examination not later than the
133	133	90th day after the date the person is assigned to that position.
134	134	The rules must provide that a person who fails the examination:
135	135	(1) shall be immediately removed from the position and
136	136	may not be reinstated until the person passes the examination; and
137	137	(2) may not retake the examination before the 91st day
138	138	after the date of the failed examination.
139	139	(c) The sheriff of a county shall perform the duties of the
140	140	chief command position at any time there is not a person available
141	141	who satisfies the examination requirements of this section.
142	142	(d) The commission shall provide for the examination to be
143	143	available at testing centers throughout this state. If the
144	144	commission contracts with a testing service to administer and grade
145	145	the examination, the contract shall authorize the service to
146	146	collect a reasonable fee not to exceed $50 from each examinee.
147	147	SECTION 7. Section 1701.310, Occupations Code, is amended
148	148	by adding Subsection (a-1) to read as follows:
149	149	(a-1) A person other than a sheriff may not serve in the
150	150	chief command position of a county jail unless the person satisfies
151	151	the examination requirement of Section 511.00905, Government Code.
152	152	SECTION 8. Not later than January 1, 2018, the Sam Houston
153	153	State University College of Criminal Justice shall develop and the
154	154	Commission on Jail Standards shall approve the examination required
155	155	by Section 511.00905, Government Code, as added by this Act.
156	156	SECTION 9. Section 1701.310(a-1), Occupations Code, as
157	157	added by this Act, takes effect January 1, 2018.
158	158	SECTION 10. Not later than January 1, 2018, the Texas
159	159	Commission on Law Enforcement shall establish or modify training
160	160	programs as necessary to comply with Section 1701.253, Occupations
161	161	Code, as amended by this article.
162	162	SECTION 11. Except as otherwise provided by this Act, this
163	163	Act takes effect September 1, 2017.