88R5231 JCG-D
By: Zwiener H.B. No. 974
A BILL TO BE ENTITLED
AN ACT
relating to law enforcement policies prohibiting a peace officer
from using less lethal projectiles for the purpose of controlling
the activity or movement of a gathering of people.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.36 to read as follows:
Art. 2.36. LAW ENFORCEMENT POLICY PROHIBITING USE OF
CERTAIN AMMUNITION FOR CROWD CONTROL. (a) In this article:
(1) "Law enforcement agency" means an agency of the
state or an agency of a political subdivision of the state
authorized by law to appoint or employ peace officers.
(2) "Less lethal projectile" means ammunition that is
discharged from a firearm or other device for the purpose of
incapacitating or substantially diminishing the capacity of the
target by inflicting blunt trauma and that is designed to reduce the
risk of serious bodily injury or death compared to more commonly
used ammunition such as bullets or other projectiles composed
primarily or entirely of metal. The term includes ammunition
commonly known as "rubber bullets," "wooden bullets," "sponge
rounds," and "bean bag rounds."
(b) Each law enforcement agency in this state shall adopt a
policy on crowd control that prohibits a peace officer appointed or
employed by the agency from using less lethal projectiles as a means
to control the activity or movement of a gathering of people.
SECTION 2. Not later than January 1, 2024, each law
enforcement agency in this state shall adopt the policy required by
Article 2.36, Code of Criminal Procedure, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.