Texas 2021 - 87th Regular

Texas House Bill HB1643 Compare Versions

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

Old	New	Differences
1	1	87R1576 JCG-D
2	2	By: Sherman, Sr. H.B. No. 1643
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to continuing education for and regular implicit bias
8	8	testing of peace officers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1701.307(a), Occupations Code, is
11	11	amended to read as follows:
12	12	(a) The commission shall issue an appropriate officer or
13	13	county jailer license to a person who, as required by this chapter:
14	14	(1) submits an application;
15	15	(2) completes the required training;
16	16	(3) passes the required examination;
17	17	(4) is declared to be in satisfactory psychological
18	18	and emotional health and free from drug dependency or illegal drug
19	19	use;
20	20	(5) completes implicit bias testing; and
21	21	(6) [(5)] demonstrates weapons proficiency.
22	22	SECTION 2. Subchapter G, Chapter 1701, Occupations Code, is
23	23	amended by adding Section 1701.3085 to read as follows:
24	24	Sec. 1701.3085. IMPLICIT BIAS TESTING. (a) The commission
25	25	shall require a person applying for a peace officer license to
26	26	complete implicit bias testing.
27	27	(b) An agency hiring a person for whom a peace officer
28	28	license is sought shall report the test results to the commission
29	29	and maintain a copy of the test results in the person's personnel
30	30	file.
31	31	(c) The test results are confidential and not subject to
32	32	disclosure under Chapter 552, Government Code.
33	33	SECTION 3. The heading to Subchapter H, Chapter 1701,
34	34	Occupations Code, is amended to read as follows:
35	35	SUBCHAPTER H. CONTINUING EDUCATION, REGULAR IMPLICIT BIAS TESTING,
36	36	AND YEARLY WEAPONS PROFICIENCY
37	37	SECTION 4. Section 1701.352(b), Occupations Code, is
38	38	amended to read as follows:
39	39	(b) The commission shall require a state, county, special
40	40	district, or municipal agency that appoints or employs peace
41	41	officers to provide each peace officer with a training program [at
42	42	least once every 48 months that is] approved by the commission as
43	43	follows [and consists of]:
44	44	(1) at least once every 48 months an agency shall
45	45	provide a training program that consists of:
46	46	(A) topics selected by the agency; and
47	47	(B) [(2)] for an officer holding only a basic
48	48	proficiency certificate, not more than 20 hours of education and
49	49	training that contain curricula incorporating the learning
50	50	objectives developed by the commission regarding:
51	51	(i) [(A) civil rights, racial sensitivity,
52	52	and cultural diversity;
53	53	[(B) de-escalation and crisis intervention
54	54	techniques to facilitate interaction with persons with mental
55	55	impairments;
56	56	[(C)] de-escalation techniques to
57	57	facilitate interaction with members of the public, including
58	58	techniques for limiting the use of force resulting in bodily
59	59	injury; and
60	60	(ii) [(D)] unless determined by the agency
61	61	head to be inconsistent with the officer's assigned duties:
62	62	(a) [(i)] the recognition,
63	63	documentation, and investigation of cases that involve child abuse
64	64	or neglect, family violence, and sexual assault, including the use
65	65	of best practices and trauma-informed techniques to effectively
66	66	recognize, document, and investigate those cases; and
67	67	(b) [(ii)] issues concerning sex
68	68	offender characteristics; and
69	69	(2) at least once every 12 months an agency shall
70	70	provide a training program that consists of the following topics:
71	71	(A) civil rights, racial sensitivity, and
72	72	cultural diversity;
73	73	(B) de-escalation and crisis intervention
74	74	techniques to facilitate interaction with persons with mental
75	75	impairments;
76	76	(C) ethics and professionalism; and
77	77	(D) implicit bias.
78	78	SECTION 5. Subchapter H, Chapter 1701, Occupations Code, is
79	79	amended by adding Section 1701.3555 to read as follows:
80	80	Sec. 1701.3555. REGULAR IMPLICIT BIAS TESTING. (a) The
81	81	commission shall require an agency that employs one or more peace
82	82	officers to conduct implicit bias testing on each peace officer the
83	83	agency employs at least once every five years.
84	84	(b) The agency shall report the test results to the
85	85	commission and maintain a copy of the test results in the officer's
86	86	personnel file.
87	87	(c) The test results are confidential and not subject to
88	88	disclosure under Chapter 552, Government Code.
89	89	SECTION 6. Not later than January 1, 2022, the Texas
90	90	Commission on Law Enforcement shall:
91	91	(1) approve training programs as required by Section
92	92	1701.352(b), Occupations Code, as amended by this Act; and
93	93	(2) adopt rules necessary to implement the changes in
94	94	law made by this Act.
95	95	SECTION 7. Section 1701.307(a), Occupations Code, as
96	96	amended by this Act, and Section 1701.3085, Occupations Code, as
97	97	added by this Act, apply only to a person who submits an application
98	98	for a peace officer license under Chapter 1701, Occupations Code,
99	99	on or after January 1, 2022. A person who submits an application for
100	100	a peace officer license under Chapter 1701, Occupations Code,
101	101	before January 1, 2022, is governed by the law in effect immediately
102	102	before the effective date of this Act, and the former law is
103	103	continued in effect for that purpose.
104	104	SECTION 8. This Act takes effect September 1, 2021.