88R19269 MPF-F
By: Frazier, Plesa, Bumgarner, H.B. No. 3858
Lopez of Cameron, Lujan, et al.
Substitute the following for H.B. No. 3858:
By: Holland C.S.H.B. No. 3858
A BILL TO BE ENTITLED
AN ACT
relating to peace officer wellness programs within certain law
enforcement agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 425 to read as follows:
CHAPTER 425. PEACE OFFICER WELLNESS PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 425.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Fund" means the peace officer wellness fund.
(3) "Law enforcement agency" means a state agency or
political subdivision of this state that employs at least 20 peace
officers described by Article 2.12(1), (3), (4), (8), or (10), Code
of Criminal Procedure, to answer emergency calls for service or
conduct patrol operations, traffic enforcement, or criminal
investigations.
(4) "Violent incident" means an incident involving a
peace officer that occurs while the officer is performing official
duties and that poses a substantial risk of serious harm to the
officer's mental health or well-being, including responding to a
homicide, suicide, or fatal motor vehicle accident.
SUBCHAPTER B. WELLNESS PROGRAM
Sec. 425.051. ESTABLISHMENT OF PROGRAM. A law enforcement
agency may establish and maintain a wellness program for the
agency's peace officers.
Sec. 425.052. PROGRAM REQUIREMENTS. A law enforcement
agency that establishes a wellness program must ensure the program
complies with any requirements established by the commission and is
available to each peace officer who has routinely responded to and
may have been affected by a violent incident. The program at a
minimum must provide:
(1) an initial telephone call or other form of contact
from an agency representative to monitor the mental and physical
well-being of a peace officer who may have been affected by a
violent incident; and
(2) information regarding mental health resources,
including counseling and therapy services, to a peace officer who
is struggling to cope with the effect on the officer of responding
to a violent incident.
SUBCHAPTER C. PEACE OFFICER WELLNESS FUND AND GRANT PROGRAM
Sec. 425.101. FUND. (a) The peace officer wellness fund is
an account in the general revenue fund.
(b) The fund is composed of:
(1) money appropriated to the fund by the legislature;
(2) gifts and grants contributed to the fund; and
(3) the earnings of the fund.
(c) Money in the fund may be appropriated only to the
commission. The commission may use the money only for making grants
under Section 425.102.
Sec. 425.102. PEACE OFFICER WELLNESS GRANT PROGRAM. (a)
The commission shall establish and administer a grant program to
assist law enforcement agencies in establishing and maintaining
peace officer wellness programs as required under Subchapter B.
(b) The commission shall establish:
(1) eligibility criteria for grant applicants;
(2) grant application procedures;
(3) guidelines relating to grant amounts;
(4) procedures for evaluating grant applications;
(5) guidelines relating to the use of a grant awarded
under the program, including the reimbursement of costs associated
with the provision of counseling and therapy services to peace
officers participating in a wellness program; and
(6) procedures for monitoring the use of a grant
awarded under the program and ensuring compliance with any
condition of a grant.
SECTION 2. Not later than January 1, 2024, the executive
commissioner of the Health and Human Services Commission shall
prescribe any necessary requirements for peace officer wellness
programs established under Chapter 425, Government Code, as added
by this Act.
SECTION 3. This Act takes effect September 1, 2023.