88R7462 JCG-D
By: Jones of Harris H.B. No. 1808
A BILL TO BE ENTITLED
AN ACT
relating to liability insurance obtained by certain peace officers
for damages resulting from misconduct committed by those officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 612, Government Code, is amended by
adding Section 612.006 to read as follows:
Sec. 612.006. LIABILITY INSURANCE COVERAGE OBTAINED BY
PEACE OFFICERS FOR THEIR MISCONDUCT. (a) In this section:
(1) "Law enforcement agency" means an agency of the
state or an agency of a political subdivision of the state
authorized by law to employ peace officers.
(2) "Peace officer" means an individual elected,
appointed, or employed to serve as a peace officer for a
governmental entity under Article 2.12, Code of Criminal Procedure,
or other law.
(b) This section applies only to a peace officer, other than
a reserve peace officer, who:
(1) works as a peace officer for a law enforcement
agency; and
(2) is entitled to benefits normally offered to a
full-time peace officer by the employing agency, such as retirement
benefits.
(c) A law enforcement agency may not employ a peace officer
to whom this section applies unless the peace officer obtains and
continuously maintains liability insurance to cover damages
resulting from any misconduct, including intentional, negligent,
or wilful acts, committed by the peace officer while acting in the
scope of the peace officer's employment for the law enforcement
agency.
(d) Liability insurance obtained and maintained for
purposes of Subsection (c) must comply with the rules adopted by the
commissioner of insurance under Subsection (e).
(e) The commissioner of insurance shall adopt rules with
respect to the liability insurance required by Subsection (c) that:
(1) set a minimum coverage amount for a policy that
allows for a reasonable number of victims to be compensated; and
(2) require a policy to state that the policy is
provided in accordance with and is subject to this section.
SECTION 2. Not later than January 1, 2024, the commissioner
of insurance shall adopt rules to implement Section 612.006,
Government Code, as added by this Act.
SECTION 3. Section 612.006(c), Government Code, as added by
this Act, applies only to a peace officer employed on or after
September 1, 2024.
SECTION 4. This Act takes effect September 1, 2023.