86R6939 EAS-D
By: Bell of Montgomery H.B. No. 2404
A BILL TO BE ENTITLED
AN ACT
relating to establishment of the office of first responder support
within the Bill Blackwood Law Enforcement Management Institute of
Texas and to the provision of critical incident support services to
first responders; requiring occupational certification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 96, Education Code, is
amended by adding Section 96.642 to read as follows:
Sec. 96.642. OFFICE OF FIRST RESPONDER SUPPORT. (a) In
this section:
(1) "Critical incident support services" means
services designed to provide compassionate or coping support to an
individual who is involved in, a witness to, or otherwise affected
by a traumatic event, including a series of events that results in a
traumatic event.
(2) "First responder" has the meaning assigned by
Section 421.095, Government Code.
(3) "Institute" means the Bill Blackwood Law
Enforcement Management Institute of Texas.
(4) "Office" means the office of first responder
support established by this section.
(5) "Peer counselor" means an individual who provides
critical incident support services to a first responder as an:
(A) employee of the office; or
(B) employee or volunteer of a public agency.
(6) "President" means the president of Sam Houston
State University.
(7) "Public agency" has the meaning assigned by
Section 2257.002, Government Code.
(b) The president shall establish within the institute an
office of first responder support.
(c) The president shall appoint a support coordinator as the
administrative head of the office. The support coordinator may
also serve as a first responder or in another position within the
institute. The support coordinator must:
(1) have experience as a first responder;
(2) have successfully completed training in providing
critical incident stress management to first responders; and
(3) demonstrate a professional ability to provide
emotional and moral support to first responders.
(d) The office shall create regional peer support teams of
peer counselors to provide the services described by Subsection
(e).
(e) The office at the request of a public agency may respond
to and deploy a regional peer support team to provide peer
counselors and critical incident support services to the agency and
the agency's first responders who are experiencing post-traumatic
stress disorder or other trauma associated with performing the
duties of a first responder. The office may not deploy a team
member if the member is an employee of the public agency that
employs a first responder to whom the team might provide services.
(f) The office shall establish a program for certifying
individuals to serve on a regional peer support team and provide
critical incident support services to first responders and
establish the qualifications necessary for certification. The
program must require that the individual complete training in
critical incident stress management provided by the International
Critical Incident Stress Foundation or training in another similar
training system. An individual may not provide the support
services to a first responder as part of a regional peer support
team under this section unless the individual holds the
certification required by this subsection.
(g) The office shall develop a training course on critical
incident stress management and other related matters for the
benefit of first responders who are not members of a regional peer
support team.
(h) Except as provided by Subsection (i), communications
between a peer counselor and a first responder receiving critical
incident support services from the counselor are confidential and
privileged and may not be disclosed.
(i) The confidentiality and privilege provisions of
Subsection (h) do not apply if:
(1) disclosure is authorized by the first responder;
(2) the first responder is deceased and the disclosure
is authorized by:
(A) the executor or administrator of the first
responder's estate; or
(B) the first responder's next of kin if an
executor or administrator is not appointed;
(3) disclosure is compelled by a court order;
(4) the peer counselor was a first responder, witness,
or party to the incident that is the subject of the counseling;
(5) the communication was made when the peer counselor
was not performing official duties as a peer counselor;
(6) the first responder is charged with a criminal
offense; or
(7) the disclosure is otherwise required by law.
(j) The office may solicit and accept gifts, grants, and
donations to implement this section.
(k) The president shall adopt rules necessary to implement
this section.
SECTION 2. As soon as practicable after the effective date
of this Act, the president of Sam Houston State University shall
adopt rules necessary to implement Section 96.642, Education Code,
as added by this Act.
SECTION 3. This Act takes effect September 1, 2019.