Texas 2023 - 88th Regular

Texas House Bill HB2519 Compare Versions

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1	1	88R5368 AJZ-F
2	2	By: Thompson of Harris H.B. No. 2519
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to law enforcement misconduct and law enforcement
8	8	interactions with certain detained or arrested individuals and
9	9	other members of the public, to public entity liability for those
10	10	interactions, and to the confinement, conviction, or release of
11	11	detained or arrested individuals.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. This Act shall be known as the George Floyd Act.
14	14	SECTION 2. Title 5, Civil Practice and Remedies Code, is
15	15	amended by adding Chapter 117 to read as follows:
16	16	CHAPTER 117. PUBLIC ENTITY LIABILITY FOR DEPRIVATION OF CERTAIN
17	17	RIGHTS, PRIVILEGES, OR IMMUNITIES UNDER COLOR OF LAW
18	18	Sec. 117.001. DEFINITIONS. In this chapter:
19	19	(1) "Peace officer" has the meaning assigned by
20	20	Article 2.12, Code of Criminal Procedure.
21	21	(2) "Public entity" means:
22	22	(A) this state;
23	23	(B) a political subdivision of this state,
24	24	including a municipality or county; and
25	25	(C) any other governmental agency whose
26	26	authority is derived from the laws or constitution of this state.
27	27	(3) "Respondeat superior" means the common-law
28	28	doctrine under which an employer is liable for the wrongful acts of
29	29	the employer's employee or agent.
30	30	Sec. 117.002. PUBLIC ENTITY RESPONSIBILITY. (a) For
31	31	purposes of this chapter:
32	32	(1) a public entity is a principal responsible for the
33	33	wrongful acts or omissions of the entity's peace officers;
34	34	(2) a peace officer is an agent of the public entity
35	35	that employs the officer; and
36	36	(3) a public entity is legally responsible for a
37	37	wrongful act or omission of the entity's peace officer if the act or
38	38	omission occurs under the color of law.
39	39	(b) This chapter constitutes acceptance by a public entity
40	40	employing a peace officer of responsibility under respondeat
41	41	superior for the officer's conduct under the color of law,
42	42	regardless of whether the officer acted in accordance with a policy
43	43	or custom of the entity.
44	44	Sec. 117.003. DEPRIVATION OF RIGHTS, PRIVILEGES, OR
45	45	IMMUNITIES UNDER COLOR OF LAW. (a) An individual may bring an
46	46	action for any appropriate relief, including legal or equitable
47	47	relief, in a court of this state against a public entity on the
48	48	basis that a peace officer under the entity's employment, by an act
49	49	or omission under the color of law, deprived the individual of or
50	50	caused the individual to be deprived of a right, privilege, or
51	51	immunity under the laws or constitution of this state or the United
52	52	States.
53	53	(b) A claimant may recover in an action brought under this
54	54	chapter damages resulting from an injury arising from a deprivation
55	55	described by Subsection (a).
56	56	(c) A claimant must bring an action under this chapter not
57	57	later than two years after the day the cause of action accrues.
58	58	(d) A claimant bringing an action under this chapter bears
59	59	the burden of proving a deprivation of a right, privilege, or
60	60	immunity under the laws or constitution of this state or the United
61	61	States by a preponderance of the evidence.
62	62	Sec. 117.004. APPLICABILITY OF OTHER LAW. Notwithstanding
63	63	any other law, a statutory immunity or limitation on liability,
64	64	damages, or attorney's fees does not apply to an action brought
65	65	under this chapter.
66	66	Sec. 117.005. PROHIBITED DEFENSES. A defendant in an
67	67	action brought under this chapter may not assert as a defense or
68	68	basis for immunity that:
69	69	(1) the right, privilege, or immunity under the laws
70	70	or constitution of this state or the United States was not clearly
71	71	established at the time of the deprivation by the peace officer;
72	72	(2) based on the state of the law at the time, the
73	73	peace officer could not have been expected, reasonably or
74	74	otherwise, to know whether the officer's conduct was lawful; or
75	75	(3) the peace officer acted in good faith or believed,
76	76	reasonably or otherwise, that the officer's conduct was lawful at
77	77	the time it was committed.
78	78	Sec. 117.006. JURISDICTION IN STATE COURT. (a) An action
79	79	under this chapter arises from the laws of this state.
80	80	(b) Jurisdiction over an action brought under this chapter
81	81	is in the judicial system of this state under the laws of this
82	82	state, including the Texas Rules of Civil Procedure.
83	83	Sec. 117.007. JUDGMENT. (a) A judgment for an action
84	84	brought under this chapter must be supported by findings of fact and
85	85	conclusions of law.
86	86	(b) A peace officer may not be found financially liable in
87	87	an action brought under this chapter for a deprivation of a right,
88	88	privilege, or immunity under the laws or constitution of this state
89	89	or the United States.
90	90	Sec. 117.008. ATTORNEY'S FEES AND COSTS. (a) In an action
91	91	brought under this chapter, a court shall award reasonable
92	92	attorney's fees and costs to a prevailing claimant.
93	93	(b) Reasonable attorney's fees include fees incurred on an
94	94	hourly or contingency basis or by an attorney providing legal
95	95	services on a pro bono basis.
96	96	(c) For purposes of this section, a claimant prevails if the
97	97	claimant obtains any relief the claimant seeks in the claimant's
98	98	petition, whether the relief is obtained by judgment, settlement,
99	99	or the public entity's voluntary change in behavior.
100	100	(d) In an action brought under this chapter, if a judgment
101	101	is entered in favor of a defendant, the court may award reasonable
102	102	attorney's fees and costs to the defendant only for defending
103	103	claims the court finds frivolous.
104	104	Sec. 117.009. JOINT AND SEVERAL LIABILITY. A defendant who
105	105	is found liable in an action brought under this chapter is jointly
106	106	and severally liable for damages, attorney's fees, and costs
107	107	awarded by the court.
108	108	Sec. 117.010. TERMINATION OF CONTRACT, AGREEMENT, OR
109	109	EMPLOYMENT. (a) Notwithstanding any other law, contract, or
110	110	agreement, a public entity may terminate a contract or agreement
111	111	with or the employment of a peace officer if the court finds in an
112	112	action brought under this chapter that the officer deprived a
113	113	claimant of a right, privilege, or immunity under the laws or
114	114	constitution of this state or the United States.
115	115	(b) A public entity's termination of a contract or agreement
116	116	with or the employment of a peace officer does not affect the
117	117	entity's liability in an action brought under this chapter.
118	118	Sec. 117.011. PUBLIC DISCLOSURE. All petitions, judgments,
119	119	settlements, and consent decrees related to an action brought under
120	120	this chapter are public information subject to disclosure under
121	121	Chapter 552, Government Code.
122	122	Sec. 117.012. WAIVER OF SOVEREIGN OR GOVERNMENTAL IMMUNITY.
123	123	Sovereign or governmental immunity to suit and from liability is
124	124	waived to the extent of liability created by this chapter.
125	125	SECTION 3. Article 2.13(b), Code of Criminal Procedure, is
126	126	amended to read as follows:
127	127	(b) The officer [shall]:
128	128	(1) may, if authorized [in every case authorized by
129	129	the provisions of this Code], interfere without warrant to prevent
130	130	or suppress crime;
131	131	(2) shall execute all lawful process issued to the
132	132	officer by any magistrate or court;
133	133	(3) shall give notice to some magistrate of all
134	134	offenses committed within the officer's jurisdiction, if [where]
135	135	the officer has probable cause [good reason] to believe there has
136	136	been a violation of the penal law; [and]
137	137	(4) may, if authorized, arrest offenders without
138	138	warrant so [in every case where the officer is authorized by law, in
139	139	order] that they may be taken before the proper magistrate or court
140	140	and be tried;
141	141	(5) shall make an identification as a peace officer
142	142	before taking any action within the course and scope of the
143	143	officer's official duties unless the identification would render
144	144	the action impracticable; and
145	145	(6) shall intervene to prevent an action by another
146	146	peace officer if:
147	147	(A) the action includes the use of force in an
148	148	amount that exceeds that which is reasonable under the
149	149	circumstances;
150	150	(B) the intervening officer knows or should know
151	151	that the other officer's action violates department policy or
152	152	local, state, or federal law; or
153	153	(C) the action puts a person at risk of bodily
154	154	injury, as that term is defined by Section 1.07, Penal Code, and is
155	155	not:
156	156	(i) immediately necessary to avoid imminent
157	157	bodily injury to a peace officer or other person; or
158	158	(ii) required to apprehend a person
159	159	suspected of committing an offense.
160	160	SECTION 4. Chapter 2, Code of Criminal Procedure, is
161	161	amended by adding Articles 2.1309 and 2.36 to read as follows:
162	162	Art. 2.1309. CITE AND RELEASE POLICY. (a) In this article,
163	163	"law enforcement agency" means an agency of the state or an agency
164	164	of a political subdivision of the state authorized by law to employ
165	165	peace officers.
166	166	(b) Texas Southern University, in consultation with law
167	167	enforcement agencies, law enforcement associations, law
168	168	enforcement training experts, and community organizations engaged
169	169	in the development of law enforcement policy, shall publish a
170	170	written model policy regarding the issuance of citations for
171	171	misdemeanor offenses, including traffic offenses, that are
172	172	punishable by fine only. The policy must provide a procedure for a
173	173	peace officer, on a person's presentation of appropriate
174	174	identification, to verify the person's identity and issue a
175	175	citation to the person. The policy must comply with Articles 14.01,
176	176	14.03, and 14.06 of this code and Sections 543.001 and 543.004,
177	177	Transportation Code.
178	178	(c) Each law enforcement agency shall adopt a written policy
179	179	regarding the issuance of citations for misdemeanor offenses,
180	180	including traffic offenses, that are punishable by fine only. The
181	181	policy must meet the requirements for the model policy described by
182	182	Subsection (b). A law enforcement agency may adopt the model policy
183	183	published by Texas Southern University under Subsection (b).
184	184	Art. 2.36. POLICY ON DE-ESCALATION AND PROPORTIONATE
185	185	RESPONSE. (a) In this article, "law enforcement agency" means an
186	186	agency of the state or an agency of a political subdivision of the
187	187	state authorized by law to employ peace officers.
188	188	(b) Texas Southern University shall develop and make
189	189	available to all law enforcement agencies in this state a model
190	190	policy and associated training materials regarding the use of force
191	191	by peace officers. The model policy must be:
192	192	(1) designed to minimize the number and severity of
193	193	incidents in which peace officers use force; and
194	194	(2) consistent with the requirements of Subsection (e)
195	195	and the guiding principles on the use of force issued by the Police
196	196	Executive Research Forum.
197	197	(c) In developing a model policy under this section, Texas
198	198	Southern University shall consult with:
199	199	(1) law enforcement agencies and organizations,
200	200	including the Police Executive Research Forum and other national
201	201	experts on police management and training; and
202	202	(2) community organizations.
203	203	(d) On request of a law enforcement agency, Texas Southern
204	204	University shall provide the agency with training regarding the
205	205	policy developed under Subsection (b).
206	206	(e) Each law enforcement agency shall adopt a detailed
207	207	written policy regarding the use of force by peace officers. The
208	208	policy must:
209	209	(1) emphasize conflict de-escalation and the use of
210	210	force in a manner proportionate to the threat posed and to the
211	211	seriousness of the alleged offense;
212	212	(2) mandate that deadly force is only to be used by
213	213	peace officers as a last resort; and
214	214	(3) affirm the sanctity of human life and the
215	215	importance of treating all persons with dignity and respect.
216	216	(f) A law enforcement agency may adopt the model policy
217	217	developed by Texas Southern University under Subsection (b) or may
218	218	adopt its own policy.
219	219	SECTION 5. Article 2.33, Code of Criminal Procedure, as
220	220	added by Chapter 534 (S.B. 69), Acts of the 87th Legislature,
221	221	Regular Session, 2021, is redesignated as Article 2.34, Code of
222	222	Criminal Procedure, and amended to read as follows:
223	223	Art. 2.34 [2.33]. USE OF NECK RESTRAINTS DURING SEARCH OR
224	224	ARREST PROHIBITED. A peace officer may not intentionally use a
225	225	choke hold, carotid artery hold, or similar neck restraint in
226	226	searching or arresting a person unless:
227	227	(1) the restraint is necessary to prevent serious
228	228	bodily injury to or the death of the officer or another person; and
229	229	(2) the officer discontinues the restraint as soon as
230	230	the threat of serious bodily injury or death described by
231	231	Subdivision (1) has passed.
232	232	SECTION 6. Article 2.33, Code of Criminal Procedure, as
233	233	added by Chapter 979 (S.B. 2212), Acts of the 87th Legislature,
234	234	Regular Session, 2021, is redesignated as Article 2.35, Code of
235	235	Criminal Procedure, and amended to read as follows:
236	236	Art. 2.35 [2.33]. DUTY TO REQUEST AND RENDER AID. (a)
237	237	Except as provided by Subsection (b), a peace officer who
238	238	encounters an injured person while discharging the officer's
239	239	official duties shall immediately and as necessary:
240	240	(1) request emergency medical services personnel to
241	241	provide the person with emergency medical services; and
242	242	(2) while waiting for emergency medical services
243	243	personnel to arrive, provide first aid or treatment to the person to
244	244	the extent of the officer's skill and training.
245	245	(b) The peace officer is not required to request emergency
246	246	medical services or provide first aid or treatment under Subsection
247	247	(a) if:
248	248	(1) making the request or providing the treatment
249	249	would expose the officer or another person to a likely risk of
250	250	serious bodily injury; or
251	251	(2) the officer is injured and physically unable to
252	252	make the request or provide the treatment.
253	253	SECTION 7. Article 14.01, Code of Criminal Procedure, is
254	254	amended by adding Subsection (c) to read as follows:
255	255	(c) Notwithstanding Subsection (a) or (b), a peace officer
256	256	or any other person may not, without a warrant, arrest an offender
257	257	for a misdemeanor punishable by fine only, other than an offense
258	258	under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,
259	259	Penal Code.
260	260	SECTION 8. Article 14.03, Code of Criminal Procedure, is
261	261	amended by adding Subsection (i) to read as follows:
262	262	(i) Notwithstanding Subsection (a), (d), or (g), a peace
263	263	officer may not, without a warrant, arrest a person who only commits
264	264	one or more offenses punishable by fine only, other than an offense
265	265	under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,
266	266	Penal Code.
267	267	SECTION 9. Article 14.06, Code of Criminal Procedure, is
268	268	amended by amending Subsection (b) and adding Subsection (b-1) to
269	269	read as follows:
270	270	(b) A peace officer who is charging a person, including a
271	271	child, with committing an offense that is a [Class C] misdemeanor
272	272	punishable by fine only, other than an offense under Section 49.02,
273	273	Penal Code, shall [may], instead of taking the person before a
274	274	magistrate, issue a citation to the person that contains:
275	275	(1) written notice of the time and place the person
276	276	must appear before a magistrate;
277	277	(2) the name and address of the person charged;
278	278	(3) the offense charged;
279	279	(4) information regarding the alternatives to the full
280	280	payment of any fine or costs assessed against the person, if the
281	281	person is convicted of the offense and is unable to pay that amount;
282	282	and
283	283	(5) the following admonishment, in boldfaced or
284	284	underlined type or in capital letters:
285	285	"If you are convicted of a misdemeanor offense involving
286	286	violence where you are or were a spouse, intimate partner, parent,
287	287	or guardian of the victim or are or were involved in another,
288	288	similar relationship with the victim, it may be unlawful for you to
289	289	possess or purchase a firearm, including a handgun or long gun, or
290	290	ammunition, pursuant to federal law under 18 U.S.C. Section
291	291	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
292	292	questions whether these laws make it illegal for you to possess or
293	293	purchase a firearm, you should consult an attorney."
294	294	(b-1) Notwithstanding Subsection (b), a peace officer who
295	295	is charging a person, including a child, with committing an offense
296	296	that is a misdemeanor under Section 22.01(a)(2) or (3), Penal Code,
297	297	punishable by fine only may, instead of taking the person before a
298	298	magistrate, issue a citation to the person that contains all of the
299	299	information required for a citation issued under Subsection (b).
300	300	SECTION 10. Article 38.141, Code of Criminal Procedure, is
301	301	amended to read as follows:
302	302	Art. 38.141. CORROBORATION REQUIRED FOR CERTAIN TESTIMONY
303	303	RELATING TO COVERT LAW ENFORCEMENT ACTIVITY [OF UNDERCOVER PEACE
304	304	OFFICER OR SPECIAL INVESTIGATOR]. (a) A defendant may not be
305	305	convicted of an offense under Chapter 481, Health and Safety Code,
306	306	on the testimony of a person who is [not a licensed peace officer or
307	307	a special investigator but who is] acting covertly on behalf of a
308	308	law enforcement agency or under the color of law enforcement unless
309	309	the testimony is corroborated by other evidence tending to connect
310	310	the defendant with the offense committed.
311	311	(b) Corroboration is not sufficient for the purposes of this
312	312	article if the corroboration only shows the commission of the
313	313	offense.
314	314	[(c) In this article, "peace officer" means a person listed
315	315	in Article 2.12, and "special investigator" means a person listed
316	316	in Article 2.122.]
317	317	SECTION 11. Subchapter B, Chapter 142, Local Government
318	318	Code, is amended by adding Section 142.0605 to read as follows:
319	319	Sec. 142.0605. PROGRESSIVE DISCIPLINARY MATRIX. (a) A
320	320	public employer shall implement a progressive disciplinary matrix,
321	321	as described by Section 143.0511, for municipal police officers if
322	322	the municipality has not adopted Chapter 143.
323	323	(b) The public employer shall adopt rules necessary to
324	324	implement the progressive disciplinary matrix.
325	325	SECTION 12. Section 142.067, Local Government Code, is
326	326	amended to read as follows:
327	327	Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
328	328	(a) Except as provided by Subsection (b), a [A] written meet and
329	329	confer agreement ratified under this subchapter preempts, during
330	330	the term of the agreement and to the extent of any conflict, all
331	331	contrary state statutes, local ordinances, executive orders, civil
332	332	service provisions, or rules adopted by the head of the law
333	333	enforcement agency or municipality or by a division or agent of the
334	334	municipality, such as a personnel board or a civil service
335	335	commission.
336	336	(b) An agreement under this subchapter:
337	337	(1) must implement the progressive disciplinary
338	338	matrix established under Section 142.0605 or 143.0511; and
339	339	(2) may not conflict with and does not supersede a
340	340	statute, ordinance, order, civil service provision, or rule
341	341	concerning the disciplinary actions that may be imposed on a police
342	342	officer under the progressive disciplinary matrix.
343	343	SECTION 13. Section 143.003, Local Government Code, is
344	344	amended by adding Subdivision (6) to read as follows:
345	345	(6) "Progressive disciplinary matrix" means a formal
346	346	schedule for disciplinary actions that may be taken against a
347	347	police officer as described by Section 143.0511.
348	348	SECTION 14. Section 143.008, Local Government Code, is
349	349	amended by amending Subsection (c) and adding Subsection (c-1) to
350	350	read as follows:
351	351	(c) The commission shall adopt rules that prescribe cause
352	352	for removal or suspension of a fire fighter [or police officer]. The
353	353	rules must comply with the grounds for removal prescribed by
354	354	Section 143.051.
355	355	(c-1) The commission shall adopt rules that prescribe the
356	356	disciplinary actions that may be taken against a police officer
357	357	under a progressive disciplinary matrix.
358	358	SECTION 15. Subchapter D, Chapter 143, Local Government
359	359	Code, is amended by adding Section 143.0511 to read as follows:
360	360	Sec. 143.0511. PROGRESSIVE DISCIPLINARY MATRIX. (a) The
361	361	commission shall implement a progressive disciplinary matrix for
362	362	infractions committed by police officers that consists of a range
363	363	of progressive disciplinary actions applied in a standardized way
364	364	based on the nature of the infraction and the officer's prior
365	365	conduct record, including removal, suspension, change of duty or
366	366	assignment, demotion, deduction of points from a promotional
367	367	examination grade, retraining, a written warning, or a written
368	368	reprimand.
369	369	(b) The progressive disciplinary matrix must include:
370	370	(1) standards for disciplinary actions relating to the
371	371	use of force against another person, including the failure to
372	372	de-escalate force incidents in accordance with departmental
373	373	policy;
374	374	(2) standards for evaluating the level of discipline
375	375	appropriate for uncommon infractions; and
376	376	(3) presumptive actions to be taken for each type of
377	377	infraction and any adjustment to be made based on a police officer's
378	378	previous disciplinary record.
379	379	SECTION 16. Section 143.057, Local Government Code, is
380	380	amended by amending Subsection (a) and adding Subsection (b-1) to
381	381	read as follows:
382	382	(a) In addition to the other notice requirements prescribed
383	383	by this chapter, the written notice for a promotional bypass or the
384	384	letter of disciplinary action, as applicable, issued to a fire
385	385	fighter or police officer must state that in an appeal of an
386	386	indefinite suspension, a suspension, a promotional bypass, [or] a
387	387	recommended demotion, or, if issued to a police officer, any other
388	388	disciplinary sanction, the appealing fire fighter or police officer
389	389	may elect to appeal to an independent third party hearing examiner
390	390	instead of to the commission. The letter must also state that if the
391	391	fire fighter or police officer elects to appeal to a hearing
392	392	examiner, the person waives all rights to appeal to a district court
393	393	except as provided by Subsection (j).
394	394	(b-1) A hearing examiner must presume a disciplinary action
395	395	applied to a police officer under a progressive disciplinary matrix
396	396	is reasonable unless the facts indicate that the department
397	397	inappropriately applied a category of offense to the particular
398	398	violation.
399	399	SECTION 17. Section 143.307, Local Government Code, is
400	400	amended by amending Subsections (a) and (b) and adding Subsection
401	401	(d) to read as follows:
402	402	(a) Except as provided by Subsection (d), an [An] agreement
403	403	under this subchapter supersedes a previous statute concerning
404	404	wages, salaries, rates of pay, hours of work, or other terms and
405	405	conditions of employment to the extent of any conflict with the
406	406	statute.
407	407	(b) Except as provided by Subsection (d), an [An] agreement
408	408	under this subchapter preempts any contrary statute, executive
409	409	order, local ordinance, or rule adopted by the state or a political
410	410	subdivision or agent of the state, including a personnel board, a
411	411	civil service commission, or a home-rule municipality.
412	412	(d) An agreement under this subchapter affecting police
413	413	officers:
414	414	(1) must implement the progressive disciplinary
415	415	matrix established under Section 143.0511; and
416	416	(2) may not conflict with and does not supersede a
417	417	statute, order, ordinance, or rule concerning the disciplinary
418	418	actions that may be imposed on a police officer under the
419	419	progressive disciplinary matrix.
420	420	SECTION 18. Section 143.361, Local Government Code, is
421	421	amended by amending Subsections (a) and (b) and adding Subsection
422	422	(d) to read as follows:
423	423	(a) Except as provided by Subsection (d), a [A] written
424	424	agreement ratified under this subchapter between a public employer
425	425	and the bargaining agent supersedes a previous statute concerning
426	426	wages, salaries, rates of pay, hours of work, and other terms of
427	427	employment other than pension benefits to the extent of any
428	428	conflict with the previous statute.
429	429	(b) Except as provided by Subsection (d), a [A] written
430	430	agreement ratified under this subchapter preempts all contrary
431	431	local ordinances, executive orders, legislation, or rules adopted
432	432	by the state or a political subdivision or agent of the state, such
433	433	as a personnel board, a civil service commission, or a home-rule
434	434	municipality.
435	435	(d) An agreement under this subchapter affecting police
436	436	officers:
437	437	(1) must implement the progressive disciplinary
438	438	matrix established under Section 143.0511; and
439	439	(2) may not conflict with and does not supersede an
440	440	ordinance, order, statute, or rule concerning the disciplinary
441	441	actions that may be imposed on a police officer under the
442	442	progressive disciplinary matrix.
443	443	SECTION 19. Section 174.005, Local Government Code, is
444	444	amended to read as follows:
445	445	Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as
446	446	provided by Subsection (b), this [This] chapter preempts all
447	447	contrary local ordinances, executive orders, legislation, or rules
448	448	adopted by the state or by a political subdivision or agent of the
449	449	state, including a personnel board, civil service commission, or
450	450	home-rule municipality.
451	451	(b) An agreement under this chapter may not conflict with an
452	452	ordinance, order, statute, or rule concerning the disciplinary
453	453	actions that may be imposed on municipal police officers under a
454	454	progressive disciplinary matrix implemented by the municipal
455	455	public employer.
456	456	SECTION 20. Section 174.006, Local Government Code, is
457	457	amended by amending Subsection (a) and adding Subsection (a-1) to
458	458	read as follows:
459	459	(a) Except as provided by Subsection (a-1), a [A] state or
460	460	local civil service provision prevails over a collective bargaining
461	461	contract under this chapter unless the collective bargaining
462	462	contract specifically provides otherwise.
463	463	(a-1) A collective bargaining contract affecting municipal
464	464	police officers may not conflict with a state or local civil service
465	465	provision implementing a progressive disciplinary matrix under
466	466	this chapter or other law.
467	467	SECTION 21. Subchapter B, Chapter 174, Local Government
468	468	Code, is amended by adding Section 174.024 to read as follows:
469	469	Sec. 174.024. PROGRESSIVE DISCIPLINARY MATRIX FOR CERTAIN
470	470	POLICE OFFICERS. (a) A municipal public employer shall implement a
471	471	progressive disciplinary matrix, as described by Section 143.0511,
472	472	for municipal police officers if the municipality has not adopted
473	473	Chapter 143.
474	474	(b) The municipal public employer shall adopt rules
475	475	necessary to implement the progressive disciplinary matrix.
476	476	SECTION 22. Section 1701.2551(b), Occupations Code, is
477	477	amended to read as follows:
478	478	(b) The basic peace officer training course must include
479	479	training on:
480	480	(1) the prohibition against the intentional use of a
481	481	choke hold, carotid artery hold, or similar neck restraint during a
482	482	search or arrest by a peace officer as prescribed by Article 2.34,
483	483	Code of Criminal Procedure [in searching or arresting a person,
484	484	unless the officer reasonably believes the restraint is necessary
485	485	to prevent serious bodily injury to or the death of the peace
486	486	officer or another person];
487	487	(2) the duty of a peace officer to intervene to stop or
488	488	prevent another peace officer from using force against a person
489	489	suspected of committing an offense if:
490	490	(A) the amount of force exceeds that which is
491	491	reasonable under the circumstances; and
492	492	(B) the officer knows or should know that the
493	493	other officer's use of force:
494	494	(i) violates state or federal law;
495	495	(ii) puts a person at risk of bodily injury,
496	496	as that term is defined by Section 1.07, Penal Code, and is not
497	497	immediately necessary to avoid imminent bodily injury to a peace
498	498	officer or other person; and
499	499	(iii) is not required to apprehend the
500	500	person suspected of committing an offense; and
501	501	(3) the duty of a peace officer [who encounters an
502	502	injured person while discharging the officer's official duties] to
503	503	[immediately and as necessary] request [emergency medical services
504	504	personnel to provide the person with emergency medical services]
505	505	and render [, while waiting for emergency medical services
506	506	personnel to arrive, provide first] aid for an injured [or
507	507	treatment to the] person as prescribed by Article 2.35, Code of
508	508	Criminal Procedure [to the extent of the officer's skills and
509	509	training, unless the request for emergency medical services
510	510	personnel or the provision of first aid or treatment would expose
511	511	the officer or another person to a risk of bodily injury or the
512	512	officer is injured and physically unable to make the request or
513	513	provide the treatment].
514	514	SECTION 23. Section 1701.269(b), Occupations Code, as added
515	515	by Chapter 722 (H.B. 3712), Acts of the 87th Legislature, Regular
516	516	Session, 2021, is amended to read as follows:
517	517	(b) The model training curriculum and model policies
518	518	developed under Subsection (a) must include curriculum and policies
519	519	regarding:
520	520	(1) the prohibition against the intentional
521	521	[curriculum and policies for banning the] use of a choke hold,
522	522	carotid artery hold, or similar neck restraint during a search or
523	523	arrest by a peace officer as prescribed by Article 2.34, Code of
524	524	Criminal Procedure [in searching or arresting a person, unless the
525	525	officer reasonably believes the restraint is necessary to prevent
526	526	serious bodily injury to or the death of the peace officer or
527	527	another person];
528	528	(2) [curriculum and policies regarding] the duty of a
529	529	peace officer to intervene to stop or prevent another peace officer
530	530	from using force against a person suspected of committing an
531	531	offense if:
532	532	(A) the amount of force exceeds that which is
533	533	reasonable under the circumstances; and
534	534	(B) the officer knows or should know that the
535	535	other officer's use of force:
536	536	(i) violates state or federal law;
537	537	(ii) puts a person at risk of bodily injury,
538	538	as that term is defined by Section 1.07, Penal Code, and is not
539	539	immediately necessary to avoid imminent bodily injury to a peace
540	540	officer or other person; and
541	541	(iii) is not required to apprehend the
542	542	person suspected of committing an offense; and
543	543	(3) [curriculum and policies regarding] the duty of a
544	544	peace officer [who encounters an injured person while discharging
545	545	the officer's official duties] to [immediately and as necessary]
546	546	request [emergency medical services personnel to provide the person
547	547	with emergency medical services] and render [, while waiting for
548	548	emergency medical services personnel to arrive, provide first] aid
549	549	for an injured [or treatment to the] person as prescribed by Article
550	550	2.35, Code of Criminal Procedure [to the extent of the officer's
551	551	skills and training, unless the request for emergency medical
552	552	services personnel or the provision of first aid or treatment would
553	553	expose the officer or another person to a risk of bodily injury or
554	554	the officer is injured and physically unable to make the request or
555	555	provide the treatment].
556	556	SECTION 24. Sections 9.51(a), (b), (c), and (d), Penal
557	557	Code, are amended to read as follows:
558	558	(a) A peace officer, or a person acting in a peace officer's
559	559	presence and at the officer's [his] direction, is justified in
560	560	using nonlethal force against another when and to the degree [the
561	561	actor reasonably believes] the force is immediately necessary to
562	562	make or assist in making an arrest or search, or to prevent or
563	563	assist in preventing escape after arrest, if:
564	564	(1) the actor reasonably believes the arrest or search
565	565	is lawful or, if the arrest or search is made under a warrant, the
566	566	actor [he] reasonably believes the warrant is valid; [and]
567	567	(2) before using force, the actor:
568	568	(A) manifests the actor's [his] purpose to arrest
569	569	or search and identifies the actor [himself] as a peace officer or
570	570	as a person [one] acting at a peace officer's direction, unless the
571	571	actor [he] reasonably believes the actor's [his] purpose and
572	572	identity are already known by or cannot reasonably be made known to
573	573	the person for whom the arrest or search is authorized;
574	574	(B) attempts to de-escalate the situation; and
575	575	(C) issues a warning that force will be used;
576	576	(3) the force used is proportionate to the threat
577	577	posed and to the seriousness of the alleged offense;
578	578	(4) the actor immediately terminates the use of force
579	579	the moment the person against whom force is used becomes compliant
580	580	or is subdued; and
581	581	(5) the use of force does not present a serious risk of
582	582	injury to any person other than the actor or the person against whom
583	583	the force is used [to be arrested].
584	584	(b) A person who is not [other than] a peace officer [(] or
585	585	[one] acting at a peace officer's [his] direction [)] is justified
586	586	in using nonlethal force against another when and to the degree [the
587	587	actor reasonably believes] the force is immediately necessary to
588	588	make or assist in making a lawful arrest, or to prevent or assist in
589	589	preventing escape after lawful arrest if:
590	590	(1) [,] before using force, the actor:
591	591	(A) manifests the actor's [his] purpose to arrest
592	592	and the reason for the arrest or reasonably believes the actor's
593	593	[his] purpose and the reason are already known by or cannot
594	594	reasonably be made known to the person for whom arrest is
595	595	authorized;
596	596	(B) attempts to de-escalate the situation; and
597	597	(C) issues a warning that force will be used;
598	598	(2) the force used is proportionate to the threat
599	599	posed and to the seriousness of the alleged offense;
600	600	(3) the actor immediately terminates the use of force
601	601	the moment the person against whom force is used becomes compliant
602	602	or is subdued; and
603	603	(4) the use of force does not present a serious risk of
604	604	injury to any person other than the actor or the person against whom
605	605	the force is used [to be arrested].
606	606	(c) A peace officer is only justified in using deadly force
607	607	against another when and to the degree [the peace officer
608	608	reasonably believes] the deadly force is immediately necessary to
609	609	make an arrest, or to prevent escape after arrest, if the use of
610	610	force would have been justified under Subsection (a) and:
611	611	(1) [the actor reasonably believes the conduct for
612	612	which arrest is authorized included the use or attempted use of
613	613	deadly force; or
614	614	[(2) the actor reasonably believes there is a
615	615	substantial risk that] the person for whom arrest is authorized
616	616	poses an imminent threat of [to be arrested will cause] death or
617	617	serious bodily injury to the actor or another;
618	618	(2) the deadly force is used only against the person
619	619	for whom arrest is authorized;
620	620	(3) the actor immediately terminates the use of deadly
621	621	force the moment the imminent threat of death or serious bodily
622	622	injury is eliminated; and
623	623	(4) no lesser degree of force could have eliminated
624	624	the imminent threat of death or serious bodily injury [if the arrest
625	625	is delayed].
626	626	(d) A person who is not [other than] a peace officer but is
627	627	acting in a peace officer's presence and at the officer's [his]
628	628	direction is justified in using deadly force against another when
629	629	and to the degree [the person reasonably believes] the deadly force
630	630	is immediately necessary to make a lawful arrest, or to prevent
631	631	escape after a lawful arrest, if the use of force would have been
632	632	justified under Subsection (b) and:
633	633	(1) [the actor reasonably believes the felony or
634	634	offense against the public peace for which arrest is authorized
635	635	included the use or attempted use of deadly force; or
636	636	[(2) the actor reasonably believes there is a
637	637	substantial risk that] the person for whom arrest is authorized
638	638	poses an imminent threat of [to be arrested will cause] death or
639	639	serious bodily injury to another;
640	640	(2) the deadly force is used only against the person
641	641	for whom arrest is authorized;
642	642	(3) the actor immediately terminates the use of deadly
643	643	force the moment the imminent threat of death or serious bodily
644	644	injury is eliminated; and
645	645	(4) no lesser degree of force could have eliminated
646	646	the imminent threat of death or serious bodily injury [if the arrest
647	647	is delayed].
648	648	SECTION 25. Subchapter E, Chapter 9, Penal Code, is amended
649	649	by adding Section 9.515 to read as follows:
650	650	Sec. 9.515. PROHIBITED TECHNIQUES. Notwithstanding any
651	651	other law, the use of force or deadly force against a person is not
652	652	justified under Section 9.51 if the force or deadly force is used in
653	653	a manner that impedes the normal breathing or circulation of the
654	654	blood of the person by applying pressure to the person's throat or
655	655	neck or by blocking the person's nose or mouth.
656	656	SECTION 26. Section 543.001, Transportation Code, is
657	657	amended to read as follows:
658	658	Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace
659	659	officer may arrest without warrant a person found committing a
660	660	violation of this subtitle, other than a person found only
661	661	committing one or more misdemeanors punishable by fine only.
662	662	SECTION 27. Section 543.004(a), Transportation Code, is
663	663	amended to read as follows:
664	664	(a) An officer shall issue a written notice to appear if:
665	665	(1) the offense charged is a misdemeanor under this
666	666	subtitle that is punishable by fine only[:
667	667	[(A) speeding;
668	668	[(B) the use of a wireless communication device
669	669	under Section 545.4251; or
670	670	[(C) a violation of the open container law,
671	671	Section 49.031, Penal Code]; and
672	672	(2) the person makes a written promise to appear in
673	673	court as provided by Section 543.005.
674	674	SECTION 28. Section 9.51(e), Penal Code, is repealed.
675	675	SECTION 29. Chapter 117, Civil Practice and Remedies Code,
676	676	as added by this Act, applies only to a cause of action that accrues
677	677	on or after the effective date of this Act.
678	678	SECTION 30. (a) Not later than January 1, 2024, Texas
679	679	Southern University shall publish the model policies required by
680	680	Articles 2.1309(b) and 2.36(b), Code of Criminal Procedure, as
681	681	added by this Act.
682	682	(b) Not later than March 1, 2024, each law enforcement
683	683	agency in this state shall adopt the policies required by Articles
684	684	2.1309(c) and 2.36(e), Code of Criminal Procedure, as added by this
685	685	Act.
686	686	SECTION 31. Articles 14.01, 14.03, and 14.06, Code of
687	687	Criminal Procedure, as amended by this Act, Section 9.515, Penal
688	688	Code, as added by this Act, and Sections 543.001 and 543.004,
689	689	Transportation Code, as amended by this Act, apply only to an
690	690	offense committed on or after the effective date of this Act. An
691	691	offense committed before the effective date of this Act is governed
692	692	by the law in effect on the date the offense was committed, and the
693	693	former law is continued in effect for that purpose. For purposes of
694	694	this section, an offense was committed before the effective date of
695	695	this Act if any element of the offense occurred before that date.
696	696	SECTION 32. Article 38.141, Code of Criminal Procedure, as
697	697	amended by this Act, applies to any case in which a judgment is
698	698	entered on or after the effective date of this Act. A case in which
699	699	a judgment is entered before the effective date of this Act is
700	700	governed by the law in effect on the date the judgment was entered,
701	701	and the former law is continued in effect for that purpose.
702	702	SECTION 33. The changes in law made by this Act to the Local
703	703	Government Code apply only to a disciplinary action for conduct
704	704	that occurs on or after March 1, 2024. Conduct that occurs before
705	705	that date is governed by the law in effect immediately before that
706	706	date, and the former law is continued in effect for that purpose.
707	707	SECTION 34. Sections 142.067(b), 143.307(d), 143.361(d),
708	708	174.005(b), and 174.006(a-1), Local Government Code, as added by
709	709	this Act, apply only to an agreement entered into or renewed on or
710	710	after March 1, 2024. An agreement entered into or renewed before
711	711	March 1, 2024, is governed by the law in effect on the date the
712	712	agreement was entered into or renewed, and the former law is
713	713	continued in effect for that purpose.
714	714	SECTION 35. (a) The Bill Blackwood Law Enforcement
715	715	Management Institute of Texas shall consult with law enforcement
716	716	agencies of all sizes, law enforcement associations, law
717	717	enforcement training experts, and appropriate organizations
718	718	engaged in the development of law enforcement policy to develop a
719	719	model progressive disciplinary matrix, as defined by Section
720	720	143.003(6), Local Government Code, as added by this Act, and
721	721	associated training materials regarding the application of that
722	722	matrix. The institute shall provide for a period of public comment
723	723	before adopting the model progressive disciplinary matrix and
724	724	training materials.
725	725	(b) Not later than January 1, 2024, the institute shall
726	726	adopt and disseminate the model progressive disciplinary matrix and
727	727	training materials to all law enforcement agencies and civil
728	728	service commissions in this state.
729	729	(c) This section expires September 1, 2024.
730	730	SECTION 36. Section 9.51, Penal Code, as amended by this
731	731	Act, applies only to use of force that occurs on or after March 1,
732	732	2024.
733	733	SECTION 37. To the extent of any conflict, this Act prevails
734	734	over another Act of the 88th Legislature, Regular Session, 2023,
735	735	relating to nonsubstantive additions to and corrections in enacted
736	736	codes.
737	737	SECTION 38. This Act takes effect September 1, 2023.