85R3431 MCK-F By: RodrÃguez S.B. No. 168 A BILL TO BE ENTITLED AN ACT relating to the operations of the Department of Public Safety, Parks and Wildlife Department, and state military forces in the border region. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 411, Government Code, is amended by adding Section 411.00711 to read as follows: Sec. 411.00711. TRAINING FOR COMMISSIONED OFFICERS ASSIGNED TO BORDER REGION. Department officers assigned to a department region that includes one or more counties along the Texas-Mexico border must be certified regarding appropriate training, including academy and in-service training, in the following: (1) immigration law related to protections for victims of crime or persecution; (2) use of force and tactical withdrawal in reducing the need for lethal force; (3) social and cultural sensitivity toward border communities and the impact of border operations on communities and residents; (4) language and basic cultural awareness of major migrant-sending nations; (5) best practices in community policing and civil and human rights; (6) response to grievances and referral of complaints; and (7) identification of and response to vulnerable populations, including persons expressing potential grounds for asylum, children, victims of crime and human trafficking, and individuals fleeing persecution or torture. SECTION 2. Subchapter A, Chapter 411, Government Code, is amended by adding Section 411.0198 to read as follows: Sec. 411.0198. OMBUDSMAN FOR BORDER OPERATIONS-RELATED CONCERNS. (a) In this section, "ombudsman" means the ombudsman for border operations-related concerns established under this section. (b) The director shall appoint an ombudsman for border operations-related concerns. The ombudsman shall report directly to the director. (c) To serve as ombudsman, a person must be knowledgeable in civil and human rights law. (d) The ombudsman shall receive and resolve complaints from individuals and employers and assist in resolving problems with the border operations components of the department. SECTION 3. Subchapter D, Chapter 411, Government Code, is amended by adding Sections 411.055 and 411.056 to read as follows: Sec. 411.055. PERFORMANCE MEASURES FOR ASSESSING BORDER OPERATIONS. The department shall develop and implement performance measures as part of the department's review of its border operations. Sec. 411.056. ANNUAL REPORT ON BORDER OPERATIONS. Not later than January 30 of each year, the department shall report to the legislature regarding the impact of the department's border operations on the protection of due process, the civil and human rights of border residents and visitors, the private property rights of landowners, and the economies of municipalities and counties along the Texas-Mexico border. SECTION 4. Subchapter E, Chapter 437, Government Code, is amended by adding Section 437.233 to read as follows: Sec. 437.233. TRAINING FOR MEMBERS OF TEXAS MILITARY FORCES ASSIGNED TO BORDER COUNTIES. A member of the Texas military forces serving on state active duty in a county along the Texas-Mexico border must be certified regarding appropriate training, including academy and in-service training, in the following: (1) immigration law related to protections for victims of crime or persecution; (2) use of force and tactical withdrawal in reducing the need for lethal force; (3) social and cultural sensitivity toward border communities and the impact of border operations on communities and residents; (4) language and basic cultural awareness of major migrant-sending nations; (5) best practices in community policing and civil and human rights; (6) response to grievances and referral of complaints; and (7) identification of and response to vulnerable populations, including persons expressing potential grounds for asylum, children, victims of crime and human trafficking, and individuals fleeing persecution or torture. SECTION 5. Subchapter B, Chapter 11, Parks and Wildlife Code, is amended by adding Section 11.0196 to read as follows: Sec. 11.0196. TRAINING FOR CERTAIN PEACE OFFICERS. A peace officer of the department assigned to a county along the Texas-Mexico border must be certified regarding appropriate training, including academy and in-service training, in the following: (1) immigration law related to protections for victims of crime or persecution; (2) use of force and tactical withdrawal in reducing the need for lethal force; (3) social and cultural sensitivity toward border communities and the impact of border operations on communities and residents; (4) language and basic cultural awareness of major migrant-sending nations; (5) best practices in community policing and civil and human rights; (6) response to grievances and referral of complaints; and (7) identification of and response to vulnerable populations, including persons expressing potential grounds for asylum, children, victims of crime and human trafficking, and individuals fleeing persecution or torture. SECTION 6. This Act takes effect September 1, 2017.