Texas 2021 - 87th Regular

Texas House Bill HB579 Compare Versions

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

Old	New	Differences
1	1	87R3424 JSC-F
2	2	By: Dutton H.B. No. 579
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration and deployment of special weapons
8	8	and tactics teams.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 1701, Occupations Code, is amended by
11	11	adding Subchapter P to read as follows:
12	12	SUBCHAPTER P. SPECIAL WEAPONS AND TACTICS TEAMS
13	13	Sec. 1701.751. DEFINITIONS. In this subchapter:
14	14	(1) "Body worn camera" has the meaning assigned by
15	15	Section 1701.651.
16	16	(2) "Special weapons and tactics team" or "SWAT team"
17	17	means a designated team of law enforcement officers who are
18	18	specifically trained and equipped to work as a coordinated team to
19	19	respond to critical incidents, including barricaded suspects,
20	20	snipers, terrorist acts, the taking of hostages, and other
21	21	high-risk incidents. The term applies regardless of the name the
22	22	law enforcement agency gives to the team.
23	23	Sec. 1701.752. PROVISION OF BODY WORN CAMERAS TO SWAT
24	24	TEAMS. (a) A law enforcement agency may not create or administer a
25	25	SWAT team unless:
26	26	(1) each law enforcement officer on that team is
27	27	equipped with a body worn camera; and
28	28	(2) the law enforcement agency establishes policies
29	29	and procedures to ensure that body worn cameras:
30	30	(A) are activated and recording during all team
31	31	action; and
32	32	(B) continue recording until:
33	33	(i) all suspects present at the scene have
34	34	been arrested or released from custody; or
35	35	(ii) all law enforcement personnel have
36	36	left the premises.
37	37	(b) Body worn camera video is subject to requirements
38	38	provided by or adopted pursuant to Sections 1701.655 and 1701.755.
39	39	Sec. 1701.753. STANDARDS FOR DEPLOYMENT OF SWAT TEAMS. (a)
40	40	A law enforcement agency administering a SWAT team shall adopt a
41	41	policy designed to limit the deployment of that team to situations
42	42	involving an imminent threat of serious bodily injury to law
43	43	enforcement officers or the public.
44	44	(b) The decision to deploy a SWAT team must be based on
45	45	consideration of:
46	46	(1) any available evidence indicating an imminent
47	47	threat to a person or officer; and
48	48	(2) whether conditions are such that the suspect
49	49	cannot reasonably be apprehended using routine methods.
50	50	(c) The existence of a legally owned firearm in the home of
51	51	an individual does not in itself constitute evidence of an imminent
52	52	threat.
53	53	(d) When a SWAT team is deployed for a planned warrant
54	54	service or for an incident not involving ongoing violence:
55	55	(1) the basis for believing an imminent threat exists
56	56	must be reviewed and approved by a supervisor at the level of
57	57	captain or above before the deployment occurs; and
58	58	(2) the supervisor described by Subdivision (1) must
59	59	provide in advance of the deployment written justification for any
60	60	execution of a warrant after sunset and before sunrise.
61	61	Sec. 1701.754. REPORTS REQUIRED FOR SWAT TEAM DEPLOYMENTS.
62	62	(a) Each law enforcement agency administering a SWAT team shall
63	63	annually report information about team deployments and training to
64	64	the agency's local governing body.
65	65	(b) The commission by rule shall create:
66	66	(1) a training curriculum and standards for
67	67	certification as a SWAT team member;
68	68	(2) continuing education requirements for SWAT team
69	69	certified officers;
70	70	(3) in-service training requirements to be completed
71	71	as a SWAT team; and
72	72	(4) a form for use by law enforcement agencies for
73	73	reporting to the local governing body as required by Subsection
74	74	(a).
75	75	(c) The report to the local governing body under Subsection
76	76	(a) must include:
77	77	(1) each date on which the SWAT team was deployed;
78	78	(2) the location for each incident involving the
79	79	deployment of the SWAT team;
80	80	(3) the specific reason for the deployment, including
81	81	a short description of the evidence of an imminent threat or the
82	82	existence of a tip by an undercover or anonymous informant;
83	83	(4) a listing of military or forcible entry equipment
84	84	used, if any;
85	85	(5) if known, the age, gender, and race or ethnicity of
86	86	each injured or deceased person involved in the incident;
87	87	(6) a list of any controlled substances, weapons,
88	88	contraband, or other evidence of crime seized from the premises or
89	89	from any persons;
90	90	(7) whether any person used, exhibited, or carried a
91	91	deadly weapon during the incident;
92	92	(8) whether the incident occurred as a result of an
93	93	investigation of an offense involving a controlled substance; and
94	94	(9) the training and education completed by the SWAT
95	95	team collectively and for the SWAT team certified officers
96	96	individually.
97	97	Sec. 1701.755. VIDEO OR AUDIO RECORDINGS OF PERSONS INJURED
98	98	BY SWAT TEAM. A person who suffers serious bodily injury as a
99	99	result of a SWAT team action, or an immediate family member of a
100	100	person who suffered serious bodily injury or died as a result of a
101	101	SWAT team action, is entitled to receive a copy of any video or
102	102	audio recording made by the team and containing footage of the
103	103	action. The person or family member must submit a request for the
104	104	recording to the law enforcement agency administering the
105	105	applicable SWAT team.
106	106	SECTION 2. The Texas Commission on Law Enforcement shall
107	107	adopt the rules required by Section 1701.754, Occupations Code, as
108	108	added by this Act, not later than December 1, 2021.
109	109	SECTION 3. A law enforcement agency that administers a SWAT
110	110	team on or after the effective date of this Act is not required to
111	111	comply with Subchapter P, Chapter 1701, Occupations Code, as added
112	112	by this Act, before March 1, 2022.
113	113	SECTION 4. This Act takes effect September 1, 2021.