By: Flores H.B. No. 4875
A BILL TO BE ENTITLED
AN ACT
relating to a law enforcement agency policy regarding drug and
alcohol testing of peace officers involved in certain injuries or
deaths.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1391 to read as follows:
Art. 2.1391. LAW ENFORCEMENT POLICY ON DRUG AND ALCOHOL
TESTING AFTER OFFICER-INVOLVED INJURIES OR DEATHS. (a) In this
article:
(1) "Deadly weapon" has the meaning assigned by
Article 2.139.
(2) "Law enforcement agency" has the meaning assigned
by Article 2.132.
(3) "Officer-involved injury or death" means any
serious bodily injury or death caused by a peace officer acting
under the authority of a political subdivision of the state.
(b) Each law enforcement agency in this state shall adopt a
detailed written policy requiring a peace officer who causes an
officer-involved injury or death to submit to the agency, not later
than two hours after the officer-involved injury or death, a
specimen of the officer's blood, urine, or other bodily substance
to assess:
(1) the officer's blood alcohol content; and
(2) whether there is a controlled substance in the
officer's body.
SECTION 2. Each law enforcement agency in this state shall
adopt the policy required by Article 2.1391, Code of Criminal
Procedure, as added by this Act, as soon as practicable after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.