87R8779 KJE-D
By: Crockett H.B. No. 2334
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting a peace officer from using less lethal
devices to control the activity or movement of a nonviolent
gathering of persons or disperse persons engaging in protected
speech or expressive conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Brandon Saenz Act.
SECTION 2. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.33 to read as follows:
Art. 2.33. PROHIBITION ON USE OF LESS LETHAL DEVICES FOR
CROWD CONTROL OR DISPERSAL. (a) In this article:
(1) "Law enforcement agency" means an agency of the
state or an agency of a political subdivision of the state
authorized by law to employ peace officers.
(2) "Less lethal chemical device" means a less lethal
device designed to be launched or thrown as a projectile for the
purpose of incapacitating or substantially diminishing the
capacity of the target by causing chemical irritation of the eyes,
throat, lungs, or skin. The term includes chemical devices
commonly known as "tear gas," "pepper bullets," "pepper pellets,"
and "smoke grenades."
(3) "Less lethal device" means a weapon, ammunition,
or other device designed to reduce the risk of serious bodily injury
or death compared to a deadly weapon, as defined by Section 1.07,
Penal Code. The term includes a less lethal chemical device or less
lethal projectile.
(4) "Less lethal projectile" means a less lethal
device that is discharged from a firearm or other device for the
purpose of incapacitating or substantially diminishing the
capacity of the target by inflicting blunt trauma. The term
includes ammunition commonly known as "rubber bullets," "wooden
bullets," "sponge rounds," and "bean bag rounds."
(b) A peace officer may not use a less lethal device as a
means to:
(1) control the activity or movement of a nonviolent
gathering of persons; or
(2) disperse persons engaging in speech or expressive
conduct protected by the First Amendment to the United States
Constitution or Section 8, Article 1, Texas Constitution.
(c) Each law enforcement agency in this state shall adopt a
policy that prohibits a peace officer employed by the agency from
using less lethal devices for a purpose prohibited under Subsection
(b).
SECTION 3. Not later than January 1, 2022, each law
enforcement agency in this state shall adopt the policy required by
Article 2.33, Code of Criminal Procedure, as added by this Act.
SECTION 4. This Act takes effect September 1, 2021.