Texas 2023 - 88th Regular

Texas House Bill HB3858 Compare Versions

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Old	New	Differences
1	1	H.B. No. 3858
2	2
3	3
4	4	AN ACT
5	5	relating to peace officer wellness programs within certain law
6	6	enforcement agencies.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle B, Title 4, Government Code, is amended
9	9	by adding Chapter 425 to read as follows:
10	10	CHAPTER 425. PEACE OFFICER WELLNESS PROGRAM
11	11	SUBCHAPTER A. GENERAL PROVISIONS
12	12	Sec. 425.001. DEFINITIONS. In this chapter:
13	13	(1) "Commission" means the Health and Human Services
14	14	Commission.
15	15	(2) "Fund" means the peace officer wellness fund.
16	16	(3) "Law enforcement agency" means a state agency or
17	17	political subdivision of this state that employs at least 20 peace
18	18	officers described by Article 2.12(1), (3), (4), (8), or (10), Code
19	19	of Criminal Procedure, to answer emergency calls for service or
20	20	conduct patrol operations, traffic enforcement, or criminal
21	21	investigations.
22	22	(4) "Violent incident" means an incident involving a
23	23	peace officer that occurs while the officer is performing official
24	24	duties and that poses a substantial risk of serious harm to the
25	25	officer's mental health or well-being, including responding to a
26	26	homicide, suicide, or fatal motor vehicle accident.
27	27	SUBCHAPTER B. WELLNESS PROGRAM
28	28	Sec. 425.051. ESTABLISHMENT OF PROGRAM. A law enforcement
29	29	agency may establish and maintain a wellness program for the
30	30	agency's peace officers.
31	31	Sec. 425.052. PROGRAM REQUIREMENTS. A law enforcement
32	32	agency that establishes a wellness program must ensure the program
33	33	complies with any requirements established by the commission and is
34	34	available to each peace officer who has routinely responded to and
35	35	may have been affected by a violent incident. The program at a
36	36	minimum must provide:
37	37	(1) an initial telephone call or other form of contact
38	38	from an agency representative to monitor the mental and physical
39	39	well-being of a peace officer who may have been affected by a
40	40	violent incident; and
41	41	(2) information regarding mental health resources,
42	42	including counseling and therapy services, to a peace officer who
43	43	is struggling to cope with the effect on the officer of responding
44	44	to a violent incident.
45	45	SUBCHAPTER C. PEACE OFFICER WELLNESS FUND AND GRANT PROGRAM
46	46	Sec. 425.101. FUND. (a) The peace officer wellness fund is
47	47	an account in the general revenue fund.
48	48	(b) The fund is composed of:
49	49	(1) money appropriated to the fund by the legislature;
50	50	(2) gifts and grants contributed to the fund; and
51	51	(3) the earnings of the fund.
52	52	(c) Money in the fund may be appropriated only to the
53	53	commission. The commission may use the money only for making grants
54	54	under Section 425.102.
55	55	Sec. 425.102. PEACE OFFICER WELLNESS GRANT PROGRAM. (a)
56	56	The commission shall establish and administer a grant program to
57	57	assist law enforcement agencies in establishing and maintaining
58	58	peace officer wellness programs as required under Subchapter B.
59	59	(b) The commission shall establish:
60	60	(1) eligibility criteria for grant applicants;
61	61	(2) grant application procedures;
62	62	(3) guidelines relating to grant amounts;
63	63	(4) procedures for evaluating grant applications;
64	64	(5) guidelines relating to the use of a grant awarded
65	65	under the program, including the reimbursement of costs associated
66	66	with the provision of counseling and therapy services to peace
67	67	officers participating in a wellness program; and
68	68	(6) procedures for monitoring the use of a grant
69	69	awarded under the program and ensuring compliance with any
70	70	condition of a grant.
71	71	SECTION 2. Not later than January 1, 2024, the executive
72	72	commissioner of the Health and Human Services Commission shall
73	73	prescribe any necessary requirements for peace officer wellness
74	74	programs established under Chapter 425, Government Code, as added
75	75	by this Act.
76	76	SECTION 3. This Act takes effect September 1, 2023.
77	77	______________________________ ______________________________
78	78	President of the Senate Speaker of the House
79	79	I certify that H.B. No. 3858 was passed by the House on May
80	80	12, 2023, by the following vote: Yeas 139, Nays 4, 1 present, not
81	81	voting.
82	82	______________________________
83	83	Chief Clerk of the House
84	84	I certify that H.B. No. 3858 was passed by the Senate on May
85	85	22, 2023, by the following vote: Yeas 31, Nays 0.
86	86	______________________________
87	87	Secretary of the Senate
88	88	APPROVED: _____________________
89	89	Date
90	90	_____________________
91	91	Governor