Texas 2021 - 87th Regular

Texas House Bill HB312 Compare Versions

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

Old	New	Differences
1	1	87R355 JCG-F
2	2	By: Collier H.B. No. 312
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to training for peace officers regarding implicit bias.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1701.253, Occupations Code, is amended
10	10	by adding Subsection (q) to read as follows:
11	11	(q) As part of the minimum curriculum requirements, the
12	12	commission shall require an officer to complete the training
13	13	program on implicit bias developed under Section 1701.269. An
14	14	officer shall complete the program not later than the second
15	15	anniversary of the date the officer is licensed under this chapter
16	16	unless the officer completes the program as part of the officer's
17	17	basic training course.
18	18	SECTION 2. Subchapter F, Chapter 1701, Occupations Code, is
19	19	amended by adding Section 1701.269 to read as follows:
20	20	Sec. 1701.269. IMPLICIT BIAS TRAINING PROGRAM. (a) In this
21	21	section:
22	22	(1) "Board" means the State Board of Education.
23	23	(2) "Implicit bias" means bias in an individual's
24	24	thoughts and feelings about social groups that:
25	25	(A) can influence the individual's perceptions,
26	26	decisions, and actions; and
27	27	(B) often operate outside the individual's
28	28	conscious awareness and without intent.
29	29	(b) The commission and the board shall:
30	30	(1) collaborate to develop a training program on
31	31	recognizing and addressing implicit bias and testing materials for
32	32	the program; and
33	33	(2) enter into a memorandum of understanding that
34	34	establishes each agency's respective responsibilities in
35	35	developing the training program and testing materials.
36	36	(c) The training program must:
37	37	(1) consist of at least four hours of classroom
38	38	instruction;
39	39	(2) critically examine common stereotypes and
40	40	cultural assumptions often held by communities and the officers who
41	41	serve those communities;
42	42	(3) examine a training program participant's
43	43	perception of other individuals, other individuals' perception of
44	44	the participant, and the impact those perceptions have on officer
45	45	effectiveness and safety;
46	46	(4) facilitate the observation and exploration of
47	47	cultural differences to increase a participant's:
48	48	(A) awareness of the effect cultural differences
49	49	have on attitudes and behaviors; and
50	50	(B) appreciation for the commonalities that
51	51	exist across diverse cultures;
52	52	(5) examine the direct effect diversity skills have on
53	53	law enforcement activities, including hate crime investigations;
54	54	and
55	55	(6) teach usable skills for serving a diverse
56	56	community.
57	57	(d) In developing the training program, the commission and
58	58	the board may consult with any interested party, including a
59	59	volunteer work group convened to make recommendations regarding the
60	60	training program.
61	61	(e) The commission and the board shall provide a reasonable
62	62	period for public comment before finalizing the training program.
63	63	SECTION 3. Section 1701.352(b), Occupations Code, is
64	64	amended to read as follows:
65	65	(b) The commission shall require a state, county, special
66	66	district, or municipal agency that appoints or employs peace
67	67	officers to provide each peace officer with a training program at
68	68	least once every 48 months that is approved by the commission and
69	69	consists of:
70	70	(1) topics selected by the agency; and
71	71	(2) for an officer holding only a basic proficiency
72	72	certificate, not more than 20 hours of education and training that
73	73	contain curricula incorporating the learning objectives developed
74	74	by the commission regarding:
75	75	(A) civil rights, racial sensitivity, and
76	76	cultural diversity;
77	77	(B) de-escalation and crisis intervention
78	78	techniques to facilitate interaction with persons with mental
79	79	impairments;
80	80	(C) de-escalation techniques to facilitate
81	81	interaction with members of the public, including techniques:
82	82	(i) for limiting the use of force resulting
83	83	in bodily injury; and
84	84	(ii) to recognize and address implicit bias
85	85	as defined by Section 1701.269; and
86	86	(D) unless determined by the agency head to be
87	87	inconsistent with the officer's assigned duties:
88	88	(i) the recognition, documentation, and
89	89	investigation of cases that involve child abuse or neglect, family
90	90	violence, and sexual assault, including the use of best practices
91	91	and trauma-informed techniques to effectively recognize, document,
92	92	and investigate those cases; and
93	93	(ii) issues concerning sex offender
94	94	characteristics.
95	95	SECTION 4. As soon as practicable after the effective date
96	96	of this Act:
97	97	(1) the Texas Commission on Law Enforcement and the
98	98	State Board of Education shall enter into the memorandum of
99	99	understanding required by Section 1701.269(b), Occupations Code,
100	100	as added by this Act; and
101	101	(2) the Texas Commission on Law Enforcement shall
102	102	adopt the rules necessary to implement Section 1701.253(q),
103	103	Occupations Code, as added by this Act, and Section 1701.352(b),
104	104	Occupations Code, as amended by this Act.
105	105	SECTION 5. Not later than January 1, 2022, the Texas
106	106	Commission on Law Enforcement and the Texas State Board of
107	107	Education shall develop the training program and testing materials
108	108	required by Section 1701.269, Occupations Code, as added by this
109	109	Act.
110	110	SECTION 6. Section 1701.253(q), Occupations Code, as added
111	111	by this Act, applies only to a person who submits an application for
112	112	a peace officer license under Chapter 1701, Occupations Code, on or
113	113	after January 1, 2022. A person who submits an application for a
114	114	peace officer license under Chapter 1701, Occupations Code, before
115	115	January 1, 2022, is governed by the law in effect immediately before
116	116	the effective date of this Act, and the former law is continued in
117	117	effect for that purpose.
118	118	SECTION 7. This Act takes effect September 1, 2021.