| 1 | 1 | | 88R7462 JCG-D |
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| 2 | 2 | | By: Jones of Harris H.B. No. 1808 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to liability insurance obtained by certain peace officers |
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| 8 | 8 | | for damages resulting from misconduct committed by those officers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 612, Government Code, is amended by |
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| 11 | 11 | | adding Section 612.006 to read as follows: |
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| 12 | 12 | | Sec. 612.006. LIABILITY INSURANCE COVERAGE OBTAINED BY |
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| 13 | 13 | | PEACE OFFICERS FOR THEIR MISCONDUCT. (a) In this section: |
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| 14 | 14 | | (1) "Law enforcement agency" means an agency of the |
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| 15 | 15 | | state or an agency of a political subdivision of the state |
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| 16 | 16 | | authorized by law to employ peace officers. |
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| 17 | 17 | | (2) "Peace officer" means an individual elected, |
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| 18 | 18 | | appointed, or employed to serve as a peace officer for a |
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| 19 | 19 | | governmental entity under Article 2.12, Code of Criminal Procedure, |
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| 20 | 20 | | or other law. |
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| 21 | 21 | | (b) This section applies only to a peace officer, other than |
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| 22 | 22 | | a reserve peace officer, who: |
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| 23 | 23 | | (1) works as a peace officer for a law enforcement |
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| 24 | 24 | | agency; and |
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| 25 | 25 | | (2) is entitled to benefits normally offered to a |
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| 26 | 26 | | full-time peace officer by the employing agency, such as retirement |
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| 27 | 27 | | benefits. |
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| 28 | 28 | | (c) A law enforcement agency may not employ a peace officer |
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| 29 | 29 | | to whom this section applies unless the peace officer obtains and |
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| 30 | 30 | | continuously maintains liability insurance to cover damages |
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| 31 | 31 | | resulting from any misconduct, including intentional, negligent, |
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| 32 | 32 | | or wilful acts, committed by the peace officer while acting in the |
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| 33 | 33 | | scope of the peace officer's employment for the law enforcement |
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| 34 | 34 | | agency. |
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| 35 | 35 | | (d) Liability insurance obtained and maintained for |
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| 36 | 36 | | purposes of Subsection (c) must comply with the rules adopted by the |
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| 37 | 37 | | commissioner of insurance under Subsection (e). |
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| 38 | 38 | | (e) The commissioner of insurance shall adopt rules with |
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| 39 | 39 | | respect to the liability insurance required by Subsection (c) that: |
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| 40 | 40 | | (1) set a minimum coverage amount for a policy that |
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| 41 | 41 | | allows for a reasonable number of victims to be compensated; and |
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| 42 | 42 | | (2) require a policy to state that the policy is |
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| 43 | 43 | | provided in accordance with and is subject to this section. |
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| 44 | 44 | | SECTION 2. Not later than January 1, 2024, the commissioner |
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| 45 | 45 | | of insurance shall adopt rules to implement Section 612.006, |
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| 46 | 46 | | Government Code, as added by this Act. |
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| 47 | 47 | | SECTION 3. Section 612.006(c), Government Code, as added by |
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| 48 | 48 | | this Act, applies only to a peace officer employed on or after |
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| 49 | 49 | | September 1, 2024. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2023. |
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