Texas 2019 - 86th Regular

Texas House Bill HB2404 Compare Versions

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1-86R26312 EAS-D
2- By: Bell of Montgomery, Bailes H.B. No. 2404
3- Substitute the following for H.B. No. 2404:
4- By: Clardy C.S.H.B. No. 2404
1+86R6939 EAS-D
2+ By: Bell of Montgomery H.B. No. 2404
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to establishment of the office of first responder training
10- support within the Bill Blackwood Law Enforcement Management
11- Institute of Texas and to the provision of critical incident
12- support training services to first responders.
7+ relating to establishment of the office of first responder support
8+ within the Bill Blackwood Law Enforcement Management Institute of
9+ Texas and to the provision of critical incident support services to
10+ first responders; requiring occupational certification.
1311 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1412 SECTION 1. Subchapter D, Chapter 96, Education Code, is
1513 amended by adding Section 96.642 to read as follows:
16- Sec. 96.642. OFFICE OF FIRST RESPONDER TRAINING SUPPORT.
17- (a) In this section:
18- (1) "Critical incident stress management team" means a
19- trained team of peer support responders and mental health
20- professionals who provide support to first responders using an
21- integrated multicomponent crisis intervention system.
22- (2) "Department" means Disaster Behavioral Health
23- Services within the Health and Human Services Commission.
24- (3) "First responder" has the meaning assigned by
14+ Sec. 96.642. OFFICE OF FIRST RESPONDER SUPPORT. (a) In
15+ this section:
16+ (1) "Critical incident support services" means
17+ services designed to provide compassionate or coping support to an
18+ individual who is involved in, a witness to, or otherwise affected
19+ by a traumatic event, including a series of events that results in a
20+ traumatic event.
21+ (2) "First responder" has the meaning assigned by
2522 Section 421.095, Government Code.
26- (4) "Institute" means the Bill Blackwood Law
23+ (3) "Institute" means the Bill Blackwood Law
2724 Enforcement Management Institute of Texas.
28- (5) "Office" means the office of first responder
29- training support established by this section.
30- (6) "Peer support responder" means an individual
31- member of a peer support team who, as an employee, contractor, or
32- volunteer of a public agency, provides services designed to give
33- compassionate or coping support to a first responder involved in,
34- witness to, or otherwise affected by a traumatic event.
35- (7) "President" means the president of Sam Houston
25+ (4) "Office" means the office of first responder
26+ support established by this section.
27+ (5) "Peer counselor" means an individual who provides
28+ critical incident support services to a first responder as an:
29+ (A) employee of the office; or
30+ (B) employee or volunteer of a public agency.
31+ (6) "President" means the president of Sam Houston
3632 State University.
37- (8) "Public agency" has the meaning assigned by
33+ (7) "Public agency" has the meaning assigned by
3834 Section 2257.002, Government Code.
39- (b) The president shall establish an office of first
40- responder training support within the institute.
41- (c) The president shall appoint a training support
42- coordinator as the administrative head of the office. Except as
43- provided by Subsection (d), the training support coordinator must:
44- (1) have at least five years of experience as a first
45- responder;
35+ (b) The president shall establish within the institute an
36+ office of first responder support.
37+ (c) The president shall appoint a support coordinator as the
38+ administrative head of the office. The support coordinator may
39+ also serve as a first responder or in another position within the
40+ institute. The support coordinator must:
41+ (1) have experience as a first responder;
4642 (2) have successfully completed training in providing
4743 critical incident stress management to first responders; and
4844 (3) demonstrate a professional ability to provide
4945 emotional and moral support to first responders.
50- (d) If the training support coordinator has not completed
51- the training required by Subsection (c)(2), the training support
52- coordinator must complete the training as soon as practicable.
53- (e) The office may coordinate with the department to
54- establish a program for training individuals to serve on a critical
55- incident stress management team. An individual may not serve on a
56- critical incident stress management team before the individual
57- completes training in critical incident stress management at least
58- as comprehensive as that provided by the International Critical
59- Incident Stress Foundation.
60- (f) The office shall provide assistance in gaining access to
61- training at least as comprehensive as that provided by the
62- International Critical Incident Stress Foundation for critical
63- incident stress management teams. The training courses may include
64- instruction about:
65- (1) suicide awareness;
66- (2) suicide prevention;
67- (3) suicide intervention for first responders; and
68- (4) other behavioral health topics.
69- (g) The office shall provide information about the
70- department's critical incident stress management teams to an
71- individual who completes the office's training.
72- (h) The office and department shall share with first
73- responders who have been involved in a critical incident
74- information regarding the availability of the Post Critical
75- Incident Seminar.
76- (i) The office shall coordinate with qualified
77- International Critical Incident Stress Foundation instructors to
78- provide International Critical Incident Stress Foundation training
79- to peer support responders.
46+ (d) The office shall create regional peer support teams of
47+ peer counselors to provide the services described by Subsection
48+ (e).
49+ (e) The office at the request of a public agency may respond
50+ to and deploy a regional peer support team to provide peer
51+ counselors and critical incident support services to the agency and
52+ the agency's first responders who are experiencing post-traumatic
53+ stress disorder or other trauma associated with performing the
54+ duties of a first responder. The office may not deploy a team
55+ member if the member is an employee of the public agency that
56+ employs a first responder to whom the team might provide services.
57+ (f) The office shall establish a program for certifying
58+ individuals to serve on a regional peer support team and provide
59+ critical incident support services to first responders and
60+ establish the qualifications necessary for certification. The
61+ program must require that the individual complete training in
62+ critical incident stress management provided by the International
63+ Critical Incident Stress Foundation or training in another similar
64+ training system. An individual may not provide the support
65+ services to a first responder as part of a regional peer support
66+ team under this section unless the individual holds the
67+ certification required by this subsection.
68+ (g) The office shall develop a training course on critical
69+ incident stress management and other related matters for the
70+ benefit of first responders who are not members of a regional peer
71+ support team.
72+ (h) Except as provided by Subsection (i), communications
73+ between a peer counselor and a first responder receiving critical
74+ incident support services from the counselor are confidential and
75+ privileged and may not be disclosed.
76+ (i) The confidentiality and privilege provisions of
77+ Subsection (h) do not apply if:
78+ (1) disclosure is authorized by the first responder;
79+ (2) the first responder is deceased and the disclosure
80+ is authorized by:
81+ (A) the executor or administrator of the first
82+ responder's estate; or
83+ (B) the first responder's next of kin if an
84+ executor or administrator is not appointed;
85+ (3) disclosure is compelled by a court order;
86+ (4) the peer counselor was a first responder, witness,
87+ or party to the incident that is the subject of the counseling;
88+ (5) the communication was made when the peer counselor
89+ was not performing official duties as a peer counselor;
90+ (6) the first responder is charged with a criminal
91+ offense; or
92+ (7) the disclosure is otherwise required by law.
8093 (j) The office may solicit and accept gifts, grants, and
8194 donations to implement this section.
8295 (k) The president shall adopt rules necessary to implement
8396 this section.
84- (l) This section does not place any restrictions on the type
85- of training provided by or to any critical incident stress
86- management team or peer support program outside of the institute.
8797 SECTION 2. As soon as practicable after the effective date
8898 of this Act, the president of Sam Houston State University shall
8999 adopt rules necessary to implement Section 96.642, Education Code,
90100 as added by this Act.
91101 SECTION 3. This Act takes effect September 1, 2019.