Texas 2021 - 87th Regular

Texas House Bill HB2778 Compare Versions

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

Old	New	Differences
1	1	87R7551 MLH-F
2	2	By: Reynolds H.B. No. 2778
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the model training curriculum and required training for
8	8	school district peace officers and school resource officers,
9	9	including the establishment of a grant program to assist officers
10	10	in completing the training, and to instruction for public high
11	11	school students about interacting with law enforcement.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 28.012(b), Education Code, is amended to
14	14	read as follows:
15	15	(b) The board and the commission shall enter into a
16	16	memorandum of understanding that establishes each agency's
17	17	respective responsibilities in developing instruction, including
18	18	curriculum and instructional modules, on proper interaction with
19	19	peace officers during traffic stops and other in-person encounters.
20	20	The instruction must include information regarding:
21	21	(1) the role of law enforcement and the duties and
22	22	responsibilities of peace officers;
23	23	(2) a person's rights concerning interactions with
24	24	peace officers;
25	25	(3) proper behavior for civilians and peace officers
26	26	during interactions, including the scope of a peace officer's
27	27	authority to use force against a civilian;
28	28	(4) laws regarding questioning and detention by peace
29	29	officers, including any law requiring a person to present proof of
30	30	identity to a peace officer, and the consequences for a person's or
31	31	officer's failure to comply with those laws; [and]
32	32	(5) how and where to file a complaint against or a
33	33	compliment on behalf of a peace officer; and
34	34	(6) career opportunities in law enforcement.
35	35	SECTION 2. Section 28.025(b-20), Education Code, is amended
36	36	to read as follows:
37	37	(b-20) The State Board of Education shall adopt rules to
38	38	include the instruction developed under Section 28.012 in one or
39	39	more courses in the required curriculum for students in grade
40	40	levels 9 through 12. The instruction must be at least three hours in
41	41	duration and may be provided by a school district peace officer or
42	42	school resource officer, regardless of whether the officer holds a
43	43	certificate issued under Subchapter B, Chapter 21.
44	44	SECTION 3. Section 37.0812, Education Code, is amended by
45	45	amending Subsection (b) and adding Subsection (c) to read as
46	46	follows:
47	47	(b) A school district that commissions a school district
48	48	peace officer or at which a school resource officer provides law
49	49	enforcement shall adopt a policy requiring the officer to complete
50	50	the education and training program required by Section 1701.263,
51	51	Occupations Code, before the peace officer is commissioned or
52	52	before the school resource officer commences providing law
53	53	enforcement at the district, as applicable.
54	54	(c) From funds appropriated or available for purposes of
55	55	this section, the commissioner shall establish a grant program to
56	56	provide funding for school district peace officers and school
57	57	resource officers to complete the education and training program
58	58	required under Subsection (b).
59	59	SECTION 4. Section 1701.262(c), Occupations Code, is
60	60	amended to read as follows:
61	61	(c) The curriculum developed under this section must
62	62	incorporate learning objectives regarding:
63	63	(1) child and adolescent development and psychology;
64	64	(2) positive behavioral interventions and supports,
65	65	conflict resolution techniques, and restorative justice
66	66	techniques;
67	67	(3) de-escalation techniques and techniques for
68	68	limiting the use of force, including the use of physical,
69	69	mechanical, and chemical restraints;
70	70	(4) the mental and behavioral health needs of children
71	71	with disabilities or special needs; [and]
72	72	(5) mental health crisis intervention;
73	73	(6) gang mentality;
74	74	(7) implicit bias; and
75	75	(8) juvenile law and procedure.
76	76	SECTION 5. Section 1701.263(b), Occupations Code, is
77	77	amended to read as follows:
78	78	(b) The commission by rule shall require a school district
79	79	peace officer or a school resource officer who is commissioned by or
80	80	who provides law enforcement at a school district to successfully
81	81	complete an education and training program described by this
82	82	section before [or within 180 days of] the officer's commission by
83	83	or placement in the district or a campus of the district. The
84	84	program must:
85	85	(1) consist of at least 30 hours [16 hours] of
86	86	training;
87	87	(2) be approved by the commission; and
88	88	(3) provide training in accordance with the curriculum
89	89	developed under Section 1701.262 in each subject area listed in
90	90	Subsection (c) of that section.
91	91	SECTION 6. Sections 28.012(b) and 28.025(b-20), Education
92	92	Code, as amended by this Act, apply beginning with the 2021-2022
93	93	school year.
94	94	SECTION 7. As soon as practicable but not later than January
95	95	1, 2022:
96	96	(1) a school district that commissions a school
97	97	district peace officer or at which a school resource officer
98	98	provides law enforcement shall adopt a policy as required by
99	99	Section 37.0812(b), Education Code, as amended by this Act; and
100	100	(2) the Texas Commission on Law Enforcement shall
101	101	amend the model training curriculum and rules as necessary to
102	102	implement Sections 1701.262 and 1701.263, Occupations Code, as
103	103	amended by this Act.
104	104	SECTION 8. (a) As soon as practicable but not later than
105	105	January 1, 2023, a school district peace officer or school resource
106	106	officer who commences employment or commences providing law
107	107	enforcement at a school district on a date occurring before January
108	108	1, 2022, shall complete the training required by Section 1701.263,
109	109	Occupations Code, as amended by this Act.
110	110	(b) Subsection (a) of this section does not apply to a
111	111	school district peace officer or school resource officer who is
112	112	exempt from the training established under Section 1701.263,
113	113	Occupations Code, as amended by this Act, because the officer has
114	114	completed the training described by Subsection (b-1) of that
115	115	section.
116	116	SECTION 9. This Act takes effect immediately if it receives
117	117	a vote of two-thirds of all the members elected to each house, as
118	118	provided by Section 39, Article III, Texas Constitution. If this
119	119	Act does not receive the vote necessary for immediate effect, this
120	120	Act takes effect September 1, 2021.