By: Coleman H.B. No. 4172
A BILL TO BE ENTITLED
AN ACT
relating to training for law enforcement officers and officials;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.253, Occupations Code, is amended
by amending Subsections (c), (h), and (j) and adding Subsection (n)
to read as follows:
(c) As part of the minimum curriculum requirements, the
commission shall establish a statewide comprehensive education and
training program on civil rights, racial sensitivity, implicit
bias, and cultural diversity for persons licensed under this
chapter.
(h) As part of the minimum curriculum requirements, the
commission shall establish a statewide comprehensive education and
trainin
g program on racial profiling for officers licensed under
this chapter. An officer shall complete a program established
under this subsection not later than the first [second] anniversary
of the date the officer is licensed under this chapter or the date
the officer applies for an intermediate proficiency certificate,
whichever date is earlier.
(j) As part of the minimum curriculum requirements, the
commission shall require an officer to complete a 40-hour statewide
education and training program on de-escalation and crisis
intervention techniques to facilitate interaction with persons
with mental impairments. An officer shall complete the program not
later than the first [second] anniversary of the date the officer is
licensed under this chapter or the date the officer applies for an
intermediate proficiency certificate, whichever date is earlier.
An officer may not satisfy the requirements of this subsection
[section] or Section 1701.402(g) by taking an online course on
de-escalation and crisis intervention techniques to facilitate
interaction with persons with mental impairments.
(n) As part of the minimum curriculum requirements, the
commission shall require an officer to complete a statewide
education and training program on de-escalation techniques to
facilitate interaction with members of the public, including
techniques for limiting the use of force. An officer shall complete
the program not later than the first anniversary of the date the
officer is licensed under this chapter or the date the officer
applies for an intermediate proficiency certificate, whichever
date is earlier. An officer may not satisfy the requirements of
this subsection or Section 1701.402(n) by taking an online course.
SECTION 2. Section 1701.310, Occupations Code, is amended
by adding Subsections (f) to read as follows:
(f) A person assigned by the sheriff to the chief command
position overseeing a county jail shall within 90 days of being
assigned to the chief command position overseeing a county jail
pass the chief command position exam.
(1) If a person assigned to the chief command position
overseeing a county jail fails the chief command position exam they
shall be immediately removed, and be unable to be reinstated until
they pass the chief command position exam.
(2) A person who fails the chief command position exam
must wait a minimum of 90 days to retake the exam.
(3) The Sheriff of the County in which the jail is
located shall hold the chief command position until a new person is
appointed, or the person originally assigned has passed the chief
command position exam.
SECTION 3. Section 1701.352, Occupations Code, is amended
by amending Subsections (b) and (e) and adding Subsection (j) to
read as follows:
(b) The commission shall require a state, county, special
district, or municipal agency that appoints or employs peace
officers to provide each peace officer with a training program at
least once every 48 months that is approved by the commission and
consists of:
(1) topics selected by the agency; and
(2) for an officer holding only a basic proficiency
certificate, not more than 20 hours of education and training that
contain curricula incorporating the learning objectives developed
by the commission regarding:
(A) civil rights, racial sensitivity, implicit
bias, and cultural diversity;
(B) de-escalation and crisis intervention
techniques to facilitate interaction with persons with mental
impairments; [and]
(C) de-escalation techniques to facilitate
interaction with members of the public, including techniques for
limiting the use of force; and
(D) unless determined by the agency head to be
inconsistent with the officer's assigned duties:
(i) the recognition and documentation of
cases that involve child abuse or neglect, family violence, and
sexual assault; and
(ii) issues concerning sex offender
characteristics.
(e) The commission may require a state, county, special
district, or municipal agency that appoints or employs a reserve
law enforcement officer, county jailer, or public security officer
to provide each of those persons with education and training in
civil rights, racial sensitivity, implicit bias, and cultural
diversity at least once every 48 months.
(j) The education and training program on de-escalation
techniques to facilitate interaction with members of the public
under Subsection (b)(2)(C) may not be provided as an online course.
SECTION 4. Section 1701.402, Occupations Code, is amended
by amending Subsection (i) and adding Subsection (n) to read as
follows:
(i) As a requirement for an intermediate proficiency
certificate, an officer must complete an education and training
program on civil rights, racial sensitivity, implicit bias, and
cultural diversity established by the commission under Section
1701.253(c).
(n) As a requirement for an intermediate proficiency
certificate or an advanced proficiency certificate, an officer must
complete the education and training program regarding
de-escalation techniques to facilitate interaction with members of
the public established by the commission under Section 1701.253(n).
SECTION 5. Section 1701.310, Occupations Code, is amended
by amending Subsections (a) to read as follows:
Sec. 1701.310. APPOINTMENT OF COUNTY JAILER; TRAINING
REQUIRED. (a) Except as provided by Subsection (e), a person may
not be appointed as a county jailer, except on a temporary basis,
unless the person has satisfactorily completed a preparatory
training program which includes 24 hours of training to facilitate
interaction with persons with mental impairments, as required by
the commission, in the operation of a county jail at a school
operated or licensed by the commission.
SECTION 6. Chapter 511, Government Code, is amended by
adding Section 511.00905 to read as follows:
Sec. 511.00905. CHIEF COMMAND POSITION; EXAMINATION
REQUIRED. (a) The commission shall approve an examination for a
person assigned to the chief command position overseeing a county
jail.
(b) The commission shall adopt rules requiring a person,
other than a sheriff, assigned to the chief command position
overseeing a county jail to pass the examination not later than the
90th day after the date the person is assigned to that position.
The rules must provide that a person who fails the examination:
(1) shall be immediately removed from the position and
may not be reinstated until the person passes the examination; and
(2) may not retake the examination before the 91st day
after the date of the failed examination.
(c) The sheriff of a county shall perform the duties of the
chief command position at any time there is not a person available
who satisfies the examination requirements of this section.
(d) The commission shall provide for the examination to be
available at testing centers throughout this state. If the
commission contracts with a testing service to administer and grade
the examination, the contract shall authorize the service to
collect a reasonable fee not to exceed $50 from each examinee.
SECTION 7. Section 1701.310, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) A person other than a sheriff may not serve in the
chief command position of a county jail unless the person satisfies
the examination requirement of Section 511.00905, Government Code.
SECTION 8. Not later than January 1, 2018, the Sam Houston
State University College of Criminal Justice shall develop and the
Commission on Jail Standards shall approve the examination required
by Section 511.00905, Government Code, as added by this Act.
SECTION 9. Section 1701.310(a-1), Occupations Code, as
added by this Act, takes effect January 1, 2018.
SECTION 10. Not later than January 1, 2018, the Texas
Commission on Law Enforcement shall establish or modify training
programs as necessary to comply with Section 1701.253, Occupations
Code, as amended by this article.
SECTION 11. Except as otherwise provided by this Act, this
Act takes effect September 1, 2017.