Texas 2021 - 87th Regular

Texas House Bill HB88 Compare Versions

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

Old	New	Differences
1	1	87R1083 SCL/AJZ-F
2	2	By: Thompson of Harris H.B. No. 88
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to interactions between law enforcement and individuals
8	8	detained or arrested on suspicion of the commission of criminal
9	9	offenses, witnesses to the commission of those offenses, and other
10	10	members of the public, to peace officer liability for those
11	11	interactions, and to the confinement, conviction, or release of
12	12	detained or arrested individuals.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. This Act shall be known as the George Floyd Act.
15	15	SECTION 2. Title 6, Civil Practice and Remedies Code, is
16	16	amended by adding Chapter 135 to read as follows:
17	17	CHAPTER 135. PEACE OFFICER LIABILITY FOR DEPRIVATION OF CERTAIN
18	18	RIGHTS, PRIVILEGES, OR IMMUNITIES
19	19	Sec. 135.0001. DEFINITIONS. In this chapter:
20	20	(1) "Peace officer" has the meaning assigned by
21	21	Article 2.12, Code of Criminal Procedure.
22	22	(2) "Public entity" means:
23	23	(A) this state;
24	24	(B) a political subdivision of this state,
25	25	including a municipality or county; and
26	26	(C) any other governmental agency whose
27	27	authority is derived from the laws or constitution of this state.
28	28	Sec. 135.0002. PEACE OFFICER LIABILITY FOR DEPRIVATION OF
29	29	RIGHTS, PRIVILEGES, OR IMMUNITIES UNDER COLOR OF LAW. (a) A person
30	30	may bring an action for any appropriate relief, including legal or
31	31	equitable relief, against a peace officer who, under the color of
32	32	law, deprived the person of or caused the person to be deprived of a
33	33	right, privilege, or immunity secured by the Texas Constitution.
34	34	(b) A person must bring an action under this chapter not
35	35	later than two years after the day the cause of action accrues.
36	36	Sec. 135.0003. APPLICABILITY OF OTHER LAW; PROHIBITED
37	37	DEFENSES. (a) Notwithstanding any other law, a statutory immunity
38	38	or limitation on liability, damages, or attorney's fees does not
39	39	apply to an action brought under this chapter.
40	40	(b) Notwithstanding any other law, qualified immunity or a
41	41	defendant's good faith but erroneous belief in the lawfulness of
42	42	the defendant's conduct is not a defense to an action brought under
43	43	this chapter.
44	44	Sec. 135.0004. ATTORNEY'S FEES AND COSTS. (a) In an action
45	45	brought under this chapter, a court shall award reasonable
46	46	attorney's fees and costs to a prevailing plaintiff.
47	47	(b) In an action brought under this chapter, if a judgment
48	48	is entered in favor of a defendant, the court may award reasonable
49	49	attorney's fees and costs to the defendant only for defending
50	50	claims the court finds frivolous.
51	51	Sec. 135.0005. INDEMNIFICATION REQUIRED; EXCEPTION. (a)
52	52	Notwithstanding any other law and except as provided by Subsection
53	53	(b), a public entity shall indemnify a peace officer employed by the
54	54	entity for liability incurred by and a judgment imposed against the
55	55	officer in an action brought under this chapter.
56	56	(b) A public entity is not required to indemnify a peace
57	57	officer employed by the entity under Subsection (a) if the officer
58	58	was convicted of a criminal violation for the conduct that is the
59	59	basis for the action brought under this chapter.
60	60	SECTION 3. Article 2.13(b), Code of Criminal Procedure, is
61	61	amended to read as follows:
62	62	(b) The officer [shall]:
63	63	(1) may, if authorized [in every case authorized by
64	64	the provisions of this Code], interfere without warrant to prevent
65	65	or suppress crime;
66	66	(2) shall execute all lawful process issued to the
67	67	officer by any magistrate or court;
68	68	(3) shall give notice to some magistrate of all
69	69	offenses committed within the officer's jurisdiction, if [where]
70	70	the officer has probable cause [good reason] to believe there has
71	71	been a violation of the penal law; [and]
72	72	(4) may, if authorized, arrest offenders without
73	73	warrant so [in every case where the officer is authorized by law, in
74	74	order] that they may be taken before the proper magistrate or court
75	75	and be tried;
76	76	(5) shall make an identification as a peace officer
77	77	before taking any action within the course and scope of the
78	78	officer's official duties unless the identification would render
79	79	the action impracticable;
80	80	(6) shall intervene if the use of force by another
81	81	peace officer:
82	82	(A) violates state or federal law or a policy of
83	83	any entity served by the other officer;
84	84	(B) puts any person at risk of bodily injury,
85	85	unless the officer reasonably believes that the other officer's use
86	86	of force is immediately necessary to avoid imminent harm to a peace
87	87	officer or other person; or
88	88	(C) is not required to apprehend or complete the
89	89	apprehension of a suspect; and
90	90	(7) shall provide aid immediately to any person who
91	91	needs medical attention, including a person who needs medical
92	92	attention as a result of the use of force by a peace officer.
93	93	SECTION 4. Chapter 2, Code of Criminal Procedure, is
94	94	amended by adding Articles 2.1309 and 2.33 to read as follows:
95	95	Art. 2.1309. CITE AND RELEASE POLICY. (a) In this article,
96	96	"law enforcement agency" means an agency of the state or an agency
97	97	of a political subdivision of the state authorized by law to employ
98	98	peace officers.
99	99	(b) Texas Southern University, in consultation with law
100	100	enforcement agencies, law enforcement associations, law
101	101	enforcement training experts, and community organizations engaged
102	102	in the development of law enforcement policy, shall publish a
103	103	written model policy regarding the issuance of citations for
104	104	misdemeanor offenses, including traffic offenses, that are
105	105	punishable by fine only. The policy must provide a procedure for a
106	106	peace officer, on a person's presentation of appropriate
107	107	identification, to verify the person's identity and issue a
108	108	citation to the person. The policy must comply with Articles 14.01,
109	109	14.03, and 14.06 of this code and Sections 543.001 and 543.004,
110	110	Transportation Code.
111	111	(c) Each law enforcement agency shall adopt a written policy
112	112	regarding the issuance of citations for misdemeanor offenses,
113	113	including traffic offenses, that are punishable by fine only. The
114	114	policy must meet the requirements for the model policy described by
115	115	Subsection (b). A law enforcement agency may adopt the model policy
116	116	published by Texas Southern University under Subsection (b).
117	117	Art. 2.33. LAW ENFORCEMENT POLICY ON DE-ESCALATION AND
118	118	PROPORTIONATE RESPONSE. (a) In this article, "law enforcement
119	119	agency" means an agency of the state or an agency of a political
120	120	subdivision of the state authorized by law to employ peace
121	121	officers.
122	122	(b) Each law enforcement agency shall adopt a detailed
123	123	written policy regarding the use of force by peace officers. The
124	124	policy must:
125	125	(1) emphasize conflict de-escalation and the use of
126	126	force in a manner proportionate to the threat posed and to the
127	127	seriousness of the alleged offense;
128	128	(2) mandate that deadly force is only to be used by
129	129	peace officers as a last resort; and
130	130	(3) affirm the sanctity of human life and the
131	131	importance of treating all persons with dignity and respect.
132	132	(c) A law enforcement agency may adopt the model policy
133	133	developed by the Texas Commission on Law Enforcement under Section
134	134	1701.165, Occupations Code, or may adopt its own policy.
135	135	SECTION 5. Article 14.01, Code of Criminal Procedure, is
136	136	amended by adding Subsection (c) to read as follows:
137	137	(c) Notwithstanding Subsection (a) or (b), a peace officer
138	138	or any other person may not, without a warrant, arrest an offender
139	139	for a misdemeanor punishable by fine only, other than an offense
140	140	under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,
141	141	Penal Code.
142	142	SECTION 6. Article 14.03, Code of Criminal Procedure, is
143	143	amended by adding Subsection (h) to read as follows:
144	144	(h) Notwithstanding Subsection (a), (d), or (g), a peace
145	145	officer may not, without a warrant, arrest a person who only commits
146	146	one or more offenses punishable by fine only, other than an offense
147	147	under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,
148	148	Penal Code.
149	149	SECTION 7. Article 14.06, Code of Criminal Procedure, is
150	150	amended by amending Subsection (b) and adding Subsection (b-1) to
151	151	read as follows:
152	152	(b) A peace officer who is charging a person, including a
153	153	child, with committing an offense that is a [Class C] misdemeanor
154	154	punishable by fine only, other than an offense under Section 49.02,
155	155	Penal Code, shall [may], instead of taking the person before a
156	156	magistrate, issue a citation to the person that contains:
157	157	(1) written notice of the time and place the person
158	158	must appear before a magistrate;
159	159	(2) the name and address of the person charged;
160	160	(3) the offense charged;
161	161	(4) information regarding the alternatives to the full
162	162	payment of any fine or costs assessed against the person, if the
163	163	person is convicted of the offense and is unable to pay that amount;
164	164	and
165	165	(5) the following admonishment, in boldfaced or
166	166	underlined type or in capital letters:
167	167	"If you are convicted of a misdemeanor offense involving
168	168	violence where you are or were a spouse, intimate partner, parent,
169	169	or guardian of the victim or are or were involved in another,
170	170	similar relationship with the victim, it may be unlawful for you to
171	171	possess or purchase a firearm, including a handgun or long gun, or
172	172	ammunition, pursuant to federal law under 18 U.S.C. Section
173	173	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
174	174	questions whether these laws make it illegal for you to possess or
175	175	purchase a firearm, you should consult an attorney."
176	176	(b-1) Notwithstanding Subsection (b), a peace officer who
177	177	is charging a person, including a child, with committing an offense
178	178	that is a misdemeanor under Section 22.01(a)(2) or (3), Penal Code,
179	179	punishable by fine only may, instead of taking the person before a
180	180	magistrate, issue a citation to the person that contains all of the
181	181	information required for a citation issued under Subsection (b).
182	182	SECTION 8. Article 38.141, Code of Criminal Procedure, is
183	183	amended to read as follows:
184	184	Art. 38.141. CORROBORATION REQUIRED FOR CERTAIN TESTIMONY
185	185	RELATING TO COVERT LAW ENFORCEMENT ACTIVITY [OF UNDERCOVER PEACE
186	186	OFFICER OR SPECIAL INVESTIGATOR]. (a) A defendant may not be
187	187	convicted of an offense under Chapter 481, Health and Safety Code,
188	188	on the testimony of a person who is [not a licensed peace officer or
189	189	a special investigator but who is] acting covertly on behalf of a
190	190	law enforcement agency or under the color of law enforcement unless
191	191	the testimony is corroborated by other evidence tending to connect
192	192	the defendant with the offense committed.
193	193	(b) Corroboration is not sufficient for the purposes of this
194	194	article if the corroboration only shows the commission of the
195	195	offense.
196	196	[(c) In this article, "peace officer" means a person listed
197	197	in Article 2.12, and "special investigator" means a person listed
198	198	in Article 2.122.]
199	199	SECTION 9. Subchapter B, Chapter 142, Local Government
200	200	Code, is amended by adding Section 142.0605 to read as follows:
201	201	Sec. 142.0605. PROGRESSIVE DISCIPLINARY MATRIX. (a) A
202	202	public employer shall implement a progressive disciplinary matrix,
203	203	as described by Section 143.0511, for municipal police officers if
204	204	the municipality has not adopted Chapter 143.
205	205	(b) The public employer shall adopt rules necessary to
206	206	implement the progressive disciplinary matrix.
207	207	SECTION 10. Section 142.067, Local Government Code, is
208	208	amended to read as follows:
209	209	Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
210	210	(a) Except as provided by Subsection (b), a [A] written meet and
211	211	confer agreement ratified under this subchapter preempts, during
212	212	the term of the agreement and to the extent of any conflict, all
213	213	contrary state statutes, local ordinances, executive orders, civil
214	214	service provisions, or rules adopted by the head of the law
215	215	enforcement agency or municipality or by a division or agent of the
216	216	municipality, such as a personnel board or a civil service
217	217	commission.
218	218	(b) An agreement under this subchapter:
219	219	(1) must implement the progressive disciplinary
220	220	matrix established under Section 142.0605 or 143.0511; and
221	221	(2) may not conflict with and does not supersede a
222	222	statute, ordinance, order, civil service provision, or rule
223	223	concerning the disciplinary actions that may be imposed on a police
224	224	officer under the progressive disciplinary matrix.
225	225	SECTION 11. Section 143.003, Local Government Code, is
226	226	amended by adding Subdivision (6) to read as follows:
227	227	(6) "Progressive disciplinary matrix" means a formal
228	228	schedule for disciplinary actions that may be taken against a
229	229	police officer as described by Section 143.0511.
230	230	SECTION 12. Section 143.008, Local Government Code, is
231	231	amended by amending Subsection (c) and adding Subsection (c-1) to
232	232	read as follows:
233	233	(c) The commission shall adopt rules that prescribe cause
234	234	for removal or suspension of a fire fighter [or police officer]. The
235	235	rules must comply with the grounds for removal prescribed by
236	236	Section 143.051.
237	237	(c-1) The commission shall adopt rules that prescribe the
238	238	disciplinary actions that may be taken against a police officer
239	239	under a progressive disciplinary matrix.
240	240	SECTION 13. Subchapter D, Chapter 143, Local Government
241	241	Code, is amended by adding Section 143.0511 to read as follows:
242	242	Sec. 143.0511. PROGRESSIVE DISCIPLINARY MATRIX. (a) The
243	243	commission shall implement a progressive disciplinary matrix for
244	244	infractions committed by police officers that consists of a range
245	245	of progressive disciplinary actions applied in a standardized way
246	246	based on the nature of the infraction and the officer's prior
247	247	conduct record, including removal, suspension, change of duty or
248	248	assignment, demotion, deduction of points from a promotional
249	249	examination grade, retraining, a written warning, or a written
250	250	reprimand.
251	251	(b) The progressive disciplinary matrix must include:
252	252	(1) standards for disciplinary actions relating to the
253	253	use of force against another person, including the failure to
254	254	de-escalate force incidents in accordance with departmental
255	255	policy;
256	256	(2) standards for evaluating the level of discipline
257	257	appropriate for uncommon infractions; and
258	258	(3) presumptive actions to be taken for each type of
259	259	infraction and any adjustment to be made based on a police officer's
260	260	previous disciplinary record.
261	261	SECTION 14. Section 143.057, Local Government Code, is
262	262	amended by amending Subsection (a) and adding Subsection (b-1) to
263	263	read as follows:
264	264	(a) In addition to the other notice requirements prescribed
265	265	by this chapter, the written notice for a promotional bypass or the
266	266	letter of disciplinary action, as applicable, issued to a fire
267	267	fighter or police officer must state that in an appeal of an
268	268	indefinite suspension, a suspension, a promotional bypass, [or] a
269	269	recommended demotion, or, if issued to a police officer, any other
270	270	disciplinary sanction, the appealing fire fighter or police officer
271	271	may elect to appeal to an independent third party hearing examiner
272	272	instead of to the commission. The letter must also state that if the
273	273	fire fighter or police officer elects to appeal to a hearing
274	274	examiner, the person waives all rights to appeal to a district court
275	275	except as provided by Subsection (j).
276	276	(b-1) A hearing examiner must presume a disciplinary action
277	277	applied to a police officer under a progressive disciplinary matrix
278	278	is reasonable unless the facts indicate that the department
279	279	inappropriately applied a category of offense to the particular
280	280	violation.
281	281	SECTION 15. Section 143.307, Local Government Code, is
282	282	amended by amending Subsections (a) and (b) and adding Subsection
283	283	(d) to read as follows:
284	284	(a) Except as provided by Subsection (d), an [An] agreement
285	285	under this subchapter supersedes a previous statute concerning
286	286	wages, salaries, rates of pay, hours of work, or other terms and
287	287	conditions of employment to the extent of any conflict with the
288	288	statute.
289	289	(b) Except as provided by Subsection (d), an [An] agreement
290	290	under this subchapter preempts any contrary statute, executive
291	291	order, local ordinance, or rule adopted by the state or a political
292	292	subdivision or agent of the state, including a personnel board, a
293	293	civil service commission, or a home-rule municipality.
294	294	(d) An agreement under this subchapter affecting police
295	295	officers:
296	296	(1) must implement the progressive disciplinary
297	297	matrix established under Section 143.0511; and
298	298	(2) may not conflict with and does not supersede a
299	299	statute, order, ordinance, or rule concerning the disciplinary
300	300	actions that may be imposed on a police officer under the
301	301	progressive disciplinary matrix.
302	302	SECTION 16. Section 143.361, Local Government Code, is
303	303	amended by amending Subsections (a) and (b) and adding Subsection
304	304	(d) to read as follows:
305	305	(a) Except as provided by Subsection (d), a [A] written
306	306	agreement ratified under this subchapter between a public employer
307	307	and the bargaining agent supersedes a previous statute concerning
308	308	wages, salaries, rates of pay, hours of work, and other terms of
309	309	employment other than pension benefits to the extent of any
310	310	conflict with the previous statute.
311	311	(b) Except as provided by Subsection (d), a [A] written
312	312	agreement ratified under this subchapter preempts all contrary
313	313	local ordinances, executive orders, legislation, or rules adopted
314	314	by the state or a political subdivision or agent of the state, such
315	315	as a personnel board, a civil service commission, or a home-rule
316	316	municipality.
317	317	(d) An agreement under this subchapter affecting police
318	318	officers:
319	319	(1) must implement the progressive disciplinary
320	320	matrix established under Section 143.0511; and
321	321	(2) may not conflict with and does not supersede an
322	322	ordinance, order, statute, or rule concerning the disciplinary
323	323	actions that may be imposed on a police officer under the
324	324	progressive disciplinary matrix.
325	325	SECTION 17. Section 174.005, Local Government Code, is
326	326	amended to read as follows:
327	327	Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as
328	328	provided by Subsection (b), this [This] chapter preempts all
329	329	contrary local ordinances, executive orders, legislation, or rules
330	330	adopted by the state or by a political subdivision or agent of the
331	331	state, including a personnel board, civil service commission, or
332	332	home-rule municipality.
333	333	(b) This chapter does not authorize the adoption or
334	334	implementation of an agreement that conflicts with an ordinance,
335	335	order, statute, or rule concerning the disciplinary actions that
336	336	may be imposed on municipal police officers under a progressive
337	337	disciplinary matrix implemented by the municipal public employer.
338	338	SECTION 18. Subchapter B, Chapter 174, Local Government
339	339	Code, is amended by adding Section 174.024 to read as follows:
340	340	Sec. 174.024. PROGRESSIVE DISCIPLINARY MATRIX FOR CERTAIN
341	341	POLICE OFFICERS. (a) A municipal public employer shall implement a
342	342	progressive disciplinary matrix, as described by Section 143.0511,
343	343	for municipal police officers if the municipality has not adopted
344	344	Chapter 143.
345	345	(b) The municipal public employer shall adopt rules
346	346	necessary to implement the progressive disciplinary matrix.
347	347	SECTION 19. Subchapter D, Chapter 1701, Occupations Code,
348	348	is amended by adding Section 1701.165 to read as follows:
349	349	Sec. 1701.165. MODEL POLICY ON USE OF FORCE. (a) The
350	350	commission shall develop and make available to all law enforcement
351	351	agencies in this state a model policy and associated training
352	352	materials regarding the use of force by peace officers. The model
353	353	policy must:
354	354	(1) be designed to minimize the number and severity of
355	355	incidents in which peace officers use force; and
356	356	(2) be consistent with the requirements of Article
357	357	2.33(b), Code of Criminal Procedure, and the guiding principles on
358	358	the use of force issued by the Police Executive Research Forum.
359	359	(b) In developing a model policy under this section, the
360	360	commission shall consult with:
361	361	(1) law enforcement agencies and organizations,
362	362	including the Police Executive Research Forum and other national
363	363	experts on police management and training; and
364	364	(2) community organizations.
365	365	(c) On request of a law enforcement agency, the commission
366	366	shall provide the agency with training regarding the policy
367	367	developed under Subsection (a).
368	368	SECTION 20. Sections 9.51(a), (b), (c), and (d), Penal
369	369	Code, are amended to read as follows:
370	370	(a) A peace officer, or a person acting in a peace officer's
371	371	presence and at the officer's [his] direction, is justified in
372	372	using nonlethal force against another when and to the degree [the
373	373	actor reasonably believes] the force is immediately necessary to
374	374	make or assist in making an arrest or search, or to prevent or
375	375	assist in preventing escape after arrest, if:
376	376	(1) the actor reasonably believes the arrest or search
377	377	is lawful or, if the arrest or search is made under a warrant, the
378	378	actor [he] reasonably believes the warrant is valid; [and]
379	379	(2) before using force, the actor:
380	380	(A) manifests the actor's [his] purpose to arrest
381	381	or search and identifies the actor [himself] as a peace officer or
382	382	as a person [one] acting at a peace officer's direction, unless the
383	383	actor [he] reasonably believes the actor's [his] purpose and
384	384	identity are already known by or cannot reasonably be made known to
385	385	the person for whom the arrest or search is authorized;
386	386	(B) attempts to de-escalate the situation; and
387	387	(C) issues a warning that force will be used;
388	388	(3) the force used is proportionate to the threat
389	389	posed and to the seriousness of the alleged offense;
390	390	(4) the actor immediately terminates the use of force
391	391	the moment the person against whom force is used becomes compliant
392	392	or is subdued; and
393	393	(5) the use of force does not present a serious risk of
394	394	injury to any person other than the actor or the person against whom
395	395	the force is used [to be arrested].
396	396	(b) A person who is not [other than] a peace officer [(] or
397	397	[one] acting at a peace officer's [his] direction [)] is justified
398	398	in using nonlethal force against another when and to the degree [the
399	399	actor reasonably believes] the force is immediately necessary to
400	400	make or assist in making a lawful arrest, or to prevent or assist in
401	401	preventing escape after lawful arrest if:
402	402	(1)[,] before using force, the actor:
403	403	(A) manifests the actor's [his] purpose to arrest
404	404	and the reason for the arrest or reasonably believes the actor's
405	405	[his] purpose and the reason are already known by or cannot
406	406	reasonably be made known to the person for whom arrest is
407	407	authorized;
408	408	(B) attempts to de-escalate the situation; and
409	409	(C) issues a warning that force will be used;
410	410	(2) the force used is proportionate to the threat
411	411	posed and to the seriousness of the alleged offense;
412	412	(3) the actor immediately terminates the use of force
413	413	the moment the person against whom force is used becomes compliant
414	414	or is subdued; and
415	415	(4) the use of force does not present a serious risk of
416	416	injury to any person other than the actor or the person against whom
417	417	the force is used [to be arrested].
418	418	(c) A peace officer is only justified in using deadly force
419	419	against another when and to the degree [the peace officer
420	420	reasonably believes] the deadly force is immediately necessary to
421	421	make an arrest, or to prevent escape after arrest, if the use of
422	422	force would have been justified under Subsection (a) and:
423	423	(1) [the actor reasonably believes the conduct for
424	424	which arrest is authorized included the use or attempted use of
425	425	deadly force; or
426	426	[(2) the actor reasonably believes there is a
427	427	substantial risk that] the person for whom arrest is authorized
428	428	poses an imminent threat of [to be arrested will cause] death or
429	429	serious bodily injury to the actor or another;
430	430	(2) the deadly force is used only against the person
431	431	for whom arrest is authorized;
432	432	(3) the actor immediately terminates the use of deadly
433	433	force the moment the imminent threat of death or serious bodily
434	434	injury is eliminated; and
435	435	(4) no lesser degree of force could have eliminated
436	436	the imminent threat of death or serious bodily injury [if the arrest
437	437	is delayed].
438	438	(d) A person who is not [other than] a peace officer but is
439	439	acting in a peace officer's presence and at the officer's [his]
440	440	direction is justified in using deadly force against another when
441	441	and to the degree [the person reasonably believes] the deadly force
442	442	is immediately necessary to make a lawful arrest, or to prevent
443	443	escape after a lawful arrest, if the use of force would have been
444	444	justified under Subsection (b) and:
445	445	(1) [the actor reasonably believes the felony or
446	446	offense against the public peace for which arrest is authorized
447	447	included the use or attempted use of deadly force; or
448	448	[(2) the actor reasonably believes there is a
449	449	substantial risk that] the person for whom arrest is authorized
450	450	poses an imminent threat of [to be arrested will cause] death or
451	451	serious bodily injury to another;
452	452	(2) the deadly force is used only against the person
453	453	for whom arrest is authorized;
454	454	(3) the actor immediately terminates the use of deadly
455	455	force the moment the imminent threat of death or serious bodily
456	456	injury is eliminated; and
457	457	(4) no lesser degree of force could have eliminated
458	458	the imminent threat of death or serious bodily injury [if the arrest
459	459	is delayed].
460	460	SECTION 21. Subchapter E, Chapter 9, Penal Code, is amended
461	461	by adding Section 9.515 to read as follows:
462	462	Sec. 9.515. PROHIBITED TECHNIQUES. Notwithstanding any
463	463	other law, the use of force or deadly force against a person is not
464	464	justified under Section 9.51 if the force or deadly force is used in
465	465	a manner that impedes the normal breathing or circulation of the
466	466	blood of the person by applying pressure to the person's throat or
467	467	neck or by blocking the person's nose or mouth.
468	468	SECTION 22. Section 543.001, Transportation Code, is
469	469	amended to read as follows:
470	470	Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace
471	471	officer may arrest without warrant a person found committing a
472	472	violation of this subtitle, other than a person found only
473	473	committing one or more misdemeanors punishable by fine only.
474	474	SECTION 23. Section 543.004(a), Transportation Code, is
475	475	amended to read as follows:
476	476	(a) An officer shall issue a written notice to appear if:
477	477	(1) the offense charged is a misdemeanor under this
478	478	subtitle that is punishable by fine only[:
479	479	[(A) speeding;
480	480	[(B) the use of a wireless communication device
481	481	under Section 545.4251; or
482	482	[(C) a violation of the open container law,
483	483	Section 49.031, Penal Code]; and
484	484	(2) the person makes a written promise to appear in
485	485	court as provided by Section 543.005.
486	486	SECTION 24. Section 9.51(e), Penal Code, is repealed.
487	487	SECTION 25. Chapter 135, Civil Practice and Remedies Code,
488	488	as added by this Act, applies only to a cause of action that accrues
489	489	on or after the effective date of this Act.
490	490	SECTION 26. The changes in law made by this Act to the Local
491	491	Government Code apply only to a disciplinary action for conduct
492	492	that occurs on or after March 1, 2022. Conduct that occurs before
493	493	that date is governed by the law in effect immediately before that
494	494	date, and the former law is continued in effect for that purpose.
495	495	SECTION 27. Sections 142.067(b), 143.307(d), 143.361(d),
496	496	and 174.005(b), Local Government Code, as added by this Act, apply
497	497	only to an agreement entered into or renewed on or after March 1,
498	498	2022. An agreement entered into or renewed before March 1, 2022, is
499	499	governed by the law in effect on the date the agreement was entered
500	500	into or renewed, and the former law is continued in effect for that
501	501	purpose.
502	502	SECTION 28. (a) The Bill Blackwood Law Enforcement
503	503	Management Institute of Texas shall consult with law enforcement
504	504	agencies of all sizes, law enforcement associations, law
505	505	enforcement training experts, and appropriate organizations
506	506	engaged in the development of law enforcement policy to develop a
507	507	model progressive disciplinary matrix, as defined by Section
508	508	143.003(6), Local Government Code, as added by this Act, and
509	509	associated training materials regarding the application of that
510	510	matrix. The institute shall provide for a period of public comment
511	511	before adopting the model progressive disciplinary matrix and
512	512	training materials.
513	513	(b) Not later than January 1, 2022, the institute shall
514	514	adopt and disseminate the model progressive disciplinary matrix and
515	515	training materials to all law enforcement agencies and civil
516	516	service commissions in this state.
517	517	(c) This section expires September 1, 2022.
518	518	SECTION 29. Articles 14.01, 14.03, and 14.06, Code of
519	519	Criminal Procedure, as amended by this Act, Section 9.515, Penal
520	520	Code, as added by this Act, and Sections 543.001 and 543.004,
521	521	Transportation Code, as amended by this Act, apply only to an
522	522	offense committed on or after the effective date of this Act. An
523	523	offense committed before the effective date of this Act is governed
524	524	by the law in effect on the date the offense was committed, and the
525	525	former law is continued in effect for that purpose. For purposes of
526	526	this section, an offense was committed before the effective date of
527	527	this Act if any element of the offense occurred before that date.
528	528	SECTION 30. (a) Not later than January 1, 2022, Texas
529	529	Southern University shall publish the model policy required by
530	530	Article 2.1309(b), Code of Criminal Procedure, as added by this
531	531	Act.
532	532	(b) Not later than March 1, 2022, each law enforcement
533	533	agency in this state shall adopt the policy required by Article
534	534	2.1309(c), Code of Criminal Procedure, as added by this Act.
535	535	SECTION 31. Article 38.141, Code of Criminal Procedure, as
536	536	amended by this Act, applies to any case in which a judgment is
537	537	entered on or after the effective date of this Act. A case in which
538	538	a judgment is entered before the effective date of this Act is
539	539	governed by the law in effect on the date the judgment was entered,
540	540	and the former law is continued in effect for that purpose.
541	541	SECTION 32. (a) Not later than January 1, 2022, the Texas
542	542	Commission on Law Enforcement shall develop and make available the
543	543	model policy and associated training materials required under
544	544	Section 1701.165, Occupations Code, as added by this Act.
545	545	(b) Not later than March 1, 2022, each law enforcement
546	546	agency in this state shall adopt the policy required by Article
547	547	2.33, Code of Criminal Procedure, as added by this Act.
548	548	(c) Section 9.51, Penal Code, as amended by this Act,
549	549	applies only to use of force that occurs on or after March 1, 2022.
550	550	SECTION 33. This Act takes effect September 1, 2021.