87R355 JCG-F
By: Collier H.B. No. 312
A BILL TO BE ENTITLED
AN ACT
relating to training for peace officers regarding implicit bias.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.253, Occupations Code, is amended
by adding Subsection (q) to read as follows:
(q) As part of the minimum curriculum requirements, the
commission shall require an officer to complete the training
program on implicit bias developed under Section 1701.269. An
officer shall complete the program not later than the second
anniversary of the date the officer is licensed under this chapter
unless the officer completes the program as part of the officer's
basic training course.
SECTION 2. Subchapter F, Chapter 1701, Occupations Code, is
amended by adding Section 1701.269 to read as follows:
Sec. 1701.269. IMPLICIT BIAS TRAINING PROGRAM. (a) In this
section:
(1) "Board" means the State Board of Education.
(2) "Implicit bias" means bias in an individual's
thoughts and feelings about social groups that:
(A) can influence the individual's perceptions,
decisions, and actions; and
(B) often operate outside the individual's
conscious awareness and without intent.
(b) The commission and the board shall:
(1) collaborate to develop a training program on
recognizing and addressing implicit bias and testing materials for
the program; and
(2) enter into a memorandum of understanding that
establishes each agency's respective responsibilities in
developing the training program and testing materials.
(c) The training program must:
(1) consist of at least four hours of classroom
instruction;
(2) critically examine common stereotypes and
cultural assumptions often held by communities and the officers who
serve those communities;
(3) examine a training program participant's
perception of other individuals, other individuals' perception of
the participant, and the impact those perceptions have on officer
effectiveness and safety;
(4) facilitate the observation and exploration of
cultural differences to increase a participant's:
(A) awareness of the effect cultural differences
have on attitudes and behaviors; and
(B) appreciation for the commonalities that
exist across diverse cultures;
(5) examine the direct effect diversity skills have on
law enforcement activities, including hate crime investigations;
and
(6) teach usable skills for serving a diverse
community.
(d) In developing the training program, the commission and
the board may consult with any interested party, including a
volunteer work group convened to make recommendations regarding the
training program.
(e) The commission and the board shall provide a reasonable
period for public comment before finalizing the training program.
SECTION 3. Section 1701.352(b), Occupations Code, is
amended to read as follows:
(b) The commission shall require a state, county, special
district, or municipal agency that appoints or employs peace
officers to provide each peace officer with a training program at
least once every 48 months that is approved by the commission and
consists of:
(1) topics selected by the agency; and
(2) for an officer holding only a basic proficiency
certificate, not more than 20 hours of education and training that
contain curricula incorporating the learning objectives developed
by the commission regarding:
(A) civil rights, racial sensitivity, and
cultural diversity;
(B) de-escalation and crisis intervention
techniques to facilitate interaction with persons with mental
impairments;
(C) de-escalation techniques to facilitate
interaction with members of the public, including techniques:
(i) for limiting the use of force resulting
in bodily injury; and
(ii) to recognize and address implicit bias
as defined by Section 1701.269; and
(D) unless determined by the agency head to be
inconsistent with the officer's assigned duties:
(i) the recognition, documentation, and
investigation of cases that involve child abuse or neglect, family
violence, and sexual assault, including the use of best practices
and trauma-informed techniques to effectively recognize, document,
and investigate those cases; and
(ii) issues concerning sex offender
characteristics.
SECTION 4. As soon as practicable after the effective date
of this Act:
(1) the Texas Commission on Law Enforcement and the
State Board of Education shall enter into the memorandum of
understanding required by Section 1701.269(b), Occupations Code,
as added by this Act; and
(2) the Texas Commission on Law Enforcement shall
adopt the rules necessary to implement Section 1701.253(q),
Occupations Code, as added by this Act, and Section 1701.352(b),
Occupations Code, as amended by this Act.
SECTION 5. Not later than January 1, 2022, the Texas
Commission on Law Enforcement and the Texas State Board of
Education shall develop the training program and testing materials
required by Section 1701.269, Occupations Code, as added by this
Act.
SECTION 6. Section 1701.253(q), Occupations Code, as added
by this Act, applies only to a person who submits an application for
a peace officer license under Chapter 1701, Occupations Code, on or
after January 1, 2022. A person who submits an application for a
peace officer license under Chapter 1701, Occupations Code, before
January 1, 2022, is governed by the law in effect immediately before
the effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 7. This Act takes effect September 1, 2021.