87R3424 JSC-F
By: Dutton H.B. No. 579
A BILL TO BE ENTITLED
AN ACT
relating to the administration and deployment of special weapons
and tactics teams.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1701, Occupations Code, is amended by
adding Subchapter P to read as follows:
SUBCHAPTER P. SPECIAL WEAPONS AND TACTICS TEAMS
Sec. 1701.751. DEFINITIONS. In this subchapter:
(1) "Body worn camera" has the meaning assigned by
Section 1701.651.
(2) "Special weapons and tactics team" or "SWAT team"
means a designated team of law enforcement officers who are
specifically trained and equipped to work as a coordinated team to
respond to critical incidents, including barricaded suspects,
snipers, terrorist acts, the taking of hostages, and other
high-risk incidents. The term applies regardless of the name the
law enforcement agency gives to the team.
Sec. 1701.752. PROVISION OF BODY WORN CAMERAS TO SWAT
TEAMS. (a) A law enforcement agency may not create or administer a
SWAT team unless:
(1) each law enforcement officer on that team is
equipped with a body worn camera; and
(2) the law enforcement agency establishes policies
and procedures to ensure that body worn cameras:
(A) are activated and recording during all team
action; and
(B) continue recording until:
(i) all suspects present at the scene have
been arrested or released from custody; or
(ii) all law enforcement personnel have
left the premises.
(b) Body worn camera video is subject to requirements
provided by or adopted pursuant to Sections 1701.655 and 1701.755.
Sec. 1701.753. STANDARDS FOR DEPLOYMENT OF SWAT TEAMS. (a)
A law enforcement agency administering a SWAT team shall adopt a
policy designed to limit the deployment of that team to situations
involving an imminent threat of serious bodily injury to law
enforcement officers or the public.
(b) The decision to deploy a SWAT team must be based on
consideration of:
(1) any available evidence indicating an imminent
threat to a person or officer; and
(2) whether conditions are such that the suspect
cannot reasonably be apprehended using routine methods.
(c) The existence of a legally owned firearm in the home of
an individual does not in itself constitute evidence of an imminent
threat.
(d) When a SWAT team is deployed for a planned warrant
service or for an incident not involving ongoing violence:
(1) the basis for believing an imminent threat exists
must be reviewed and approved by a supervisor at the level of
captain or above before the deployment occurs; and
(2) the supervisor described by Subdivision (1) must
provide in advance of the deployment written justification for any
execution of a warrant after sunset and before sunrise.
Sec. 1701.754. REPORTS REQUIRED FOR SWAT TEAM DEPLOYMENTS.
(a) Each law enforcement agency administering a SWAT team shall
annually report information about team deployments and training to
the agency's local governing body.
(b) The commission by rule shall create:
(1) a training curriculum and standards for
certification as a SWAT team member;
(2) continuing education requirements for SWAT team
certified officers;
(3) in-service training requirements to be completed
as a SWAT team; and
(4) a form for use by law enforcement agencies for
reporting to the local governing body as required by Subsection
(a).
(c) The report to the local governing body under Subsection
(a) must include:
(1) each date on which the SWAT team was deployed;
(2) the location for each incident involving the
deployment of the SWAT team;
(3) the specific reason for the deployment, including
a short description of the evidence of an imminent threat or the
existence of a tip by an undercover or anonymous informant;
(4) a listing of military or forcible entry equipment
used, if any;
(5) if known, the age, gender, and race or ethnicity of
each injured or deceased person involved in the incident;
(6) a list of any controlled substances, weapons,
contraband, or other evidence of crime seized from the premises or
from any persons;
(7) whether any person used, exhibited, or carried a
deadly weapon during the incident;
(8) whether the incident occurred as a result of an
investigation of an offense involving a controlled substance; and
(9) the training and education completed by the SWAT
team collectively and for the SWAT team certified officers
individually.
Sec. 1701.755. VIDEO OR AUDIO RECORDINGS OF PERSONS INJURED
BY SWAT TEAM. A person who suffers serious bodily injury as a
result of a SWAT team action, or an immediate family member of a
person who suffered serious bodily injury or died as a result of a
SWAT team action, is entitled to receive a copy of any video or
audio recording made by the team and containing footage of the
action. The person or family member must submit a request for the
recording to the law enforcement agency administering the
applicable SWAT team.
SECTION 2. The Texas Commission on Law Enforcement shall
adopt the rules required by Section 1701.754, Occupations Code, as
added by this Act, not later than December 1, 2021.
SECTION 3. A law enforcement agency that administers a SWAT
team on or after the effective date of this Act is not required to
comply with Subchapter P, Chapter 1701, Occupations Code, as added
by this Act, before March 1, 2022.
SECTION 4. This Act takes effect September 1, 2021.