1 | 1 | | S.B. No. 267 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to law enforcement agency accreditation, including a grant |
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6 | 6 | | program to assist agencies in becoming accredited. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Subchapter B, Chapter 403, Government Code, is |
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9 | 9 | | amended by adding Section 403.0302 to read as follows: |
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10 | 10 | | Sec. 403.0302. LAW ENFORCEMENT AGENCY ACCREDITATION GRANT |
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11 | 11 | | PROGRAM. (a) In this section, "law enforcement agency" has the |
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12 | 12 | | meaning assigned by Section 1701.165, Occupations Code. |
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13 | 13 | | (b) The comptroller shall establish and administer a grant |
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14 | 14 | | program to provide financial assistance for purposes of becoming |
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15 | 15 | | accredited as required by the rules adopted under Section 1701.165, |
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16 | 16 | | Occupations Code, to each law enforcement agency that employs fewer |
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17 | 17 | | than 250 peace officers. |
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18 | 18 | | (c) To be eligible to receive a grant under this section, a |
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19 | 19 | | law enforcement agency must have executed a contract with an |
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20 | 20 | | accrediting entity described by Section 1701.165(b), Occupations |
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21 | 21 | | Code, and complete an initial assessment by the accrediting entity. |
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22 | 22 | | (d) Based on the results of the initial assessment completed |
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23 | 23 | | under Subsection (c), a law enforcement agency may request grant |
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24 | 24 | | funds for reimbursement of an accreditation fee, staff overtime, or |
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25 | 25 | | temporary staffing necessary to become accredited. |
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26 | 26 | | (e) Grant money provided under this section may only be used |
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27 | 27 | | by a law enforcement agency for the purposes of becoming |
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28 | 28 | | accredited. A law enforcement agency may not receive more than one |
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29 | 29 | | grant under this section. |
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30 | 30 | | (f) The amount of a grant awarded under this section may not |
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31 | 31 | | exceed $30,000. |
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32 | 32 | | (g) The comptroller shall establish: |
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33 | 33 | | (1) eligibility criteria for grant applicants; |
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34 | 34 | | (2) grant application procedures; |
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35 | 35 | | (3) guidelines relating to grant amounts; |
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36 | 36 | | (4) procedures for evaluating grant applications, |
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37 | 37 | | including prioritizing applications from law enforcement agencies |
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38 | 38 | | employing fewer than 100 peace officers; |
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39 | 39 | | (5) procedures for monitoring the use of a grant |
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40 | 40 | | awarded under the program and ensuring compliance with any |
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41 | 41 | | conditions of a grant; and |
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42 | 42 | | (6) procedures for revoking a grant awarded under the |
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43 | 43 | | program if the law enforcement agency is not accredited within the |
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44 | 44 | | period specified by the rules adopted under Section 1701.165, |
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45 | 45 | | Occupations Code. |
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46 | 46 | | (h) Not later than December 1 of each year, the comptroller |
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47 | 47 | | shall submit to the Legislative Budget Board a report that provides |
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48 | 48 | | the following information for the preceding state fiscal year: |
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49 | 49 | | (1) the name of each law enforcement agency that |
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50 | 50 | | applied for a grant under this section; and |
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51 | 51 | | (2) the amount of money distributed to each law |
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52 | 52 | | enforcement agency that received a grant under this section. |
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53 | 53 | | (i) The comptroller may use any revenue available for |
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54 | 54 | | purposes of this section. |
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55 | 55 | | (j) Notwithstanding any other law or rule, beginning |
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56 | 56 | | September 1, 2029, a law enforcement agency must be accredited as |
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57 | 57 | | provided by the rules adopted under Section 1701.165, Occupations |
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58 | 58 | | Code, to be eligible to receive any grant supporting law |
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59 | 59 | | enforcement operations or equipment acquisition administered by |
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60 | 60 | | the comptroller other than a grant under this section. |
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61 | 61 | | SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is |
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62 | 62 | | amended by adding Section 1701.165 to read as follows: |
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63 | 63 | | Sec. 1701.165. LAW ENFORCEMENT AGENCY ACCREDITATION. (a) |
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64 | 64 | | In this section, "law enforcement agency" means: |
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65 | 65 | | (1) a law enforcement agency that employs at least 20 |
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66 | 66 | | peace officers described by Article 2.12(1), (3), (4), (8), or |
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67 | 67 | | (10), Code of Criminal Procedure, to answer emergency calls for |
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68 | 68 | | service or conduct patrol operations, traffic enforcement, or |
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69 | 69 | | criminal investigations; or |
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70 | 70 | | (2) a school district police department. |
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71 | 71 | | (b) The commission shall adopt rules requiring each law |
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72 | 72 | | enforcement agency to become accredited and maintain |
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73 | 73 | | accreditation: |
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74 | 74 | | (1) through the Texas Police Chiefs Association Law |
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75 | 75 | | Enforcement Agency Best Practices Accreditation Program; |
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76 | 76 | | (2) by the Commission on Accreditation for Law |
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77 | 77 | | Enforcement Agencies, Inc.; |
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78 | 78 | | (3) by the International Association of Campus Law |
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79 | 79 | | Enforcement Administrators; |
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80 | 80 | | (4) by an accreditation program developed by the |
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81 | 81 | | Sheriffs' Association of Texas; or |
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82 | 82 | | (5) by an association or organization designated by |
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83 | 83 | | the commission as provided by Subsection (e). |
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84 | 84 | | (c) The rules adopted under Subsection (b) must require a |
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85 | 85 | | law enforcement agency that is not already accredited to: |
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86 | 86 | | (1) execute a contract with an approved accrediting |
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87 | 87 | | entity not later than September 1, 2027; and |
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88 | 88 | | (2) become accredited not later than September 1, |
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89 | 89 | | 2029. |
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90 | 90 | | (d) The commission shall implement a program to assist law |
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91 | 91 | | enforcement agencies in becoming accredited as required by the |
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92 | 92 | | rules adopted under Subsection (b). |
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93 | 93 | | (e) The commission shall periodically review associations |
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94 | 94 | | and organizations that establish standards of practice for law |
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95 | 95 | | enforcement agencies and that offer accreditation to agencies that |
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96 | 96 | | meet those standards. On a majority vote of the commission that |
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97 | 97 | | accreditation of law enforcement agencies in this state by an |
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98 | 98 | | association or organization would benefit public safety, the |
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99 | 99 | | commission may designate the association or organization as an |
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100 | 100 | | accrediting entity for purposes of Subsection (b)(5). |
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101 | 101 | | (f) A law enforcement agency shall annually report the |
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102 | 102 | | agency's accreditation status, including the applicable |
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103 | 103 | | accrediting entity described by Subsection (b), to the commission. |
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104 | 104 | | (g) The commission shall post on the commission's Internet |
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105 | 105 | | website a list of all law enforcement agencies that are currently |
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106 | 106 | | accredited or under contract with an accrediting entity as |
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107 | 107 | | described by Subsection (b). |
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108 | 108 | | SECTION 3. (a) Not later than December 1, 2023, the Texas |
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109 | 109 | | Commission on Law Enforcement shall adopt the rules required by |
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110 | 110 | | Section 1701.165, Occupations Code, as added by this Act. |
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111 | 111 | | (b) Not later than January 1, 2024, the comptroller shall |
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112 | 112 | | establish the grant program required by Section 403.0302, |
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113 | 113 | | Government Code, as added by this Act. |
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114 | 114 | | SECTION 4. This Act takes effect immediately if it receives |
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115 | 115 | | a vote of two-thirds of all the members elected to each house, as |
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116 | 116 | | provided by Section 39, Article III, Texas Constitution. If this |
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117 | 117 | | Act does not receive the vote necessary for immediate effect, this |
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118 | 118 | | Act takes effect September 1, 2023. |
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119 | 119 | | ______________________________ ______________________________ |
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120 | 120 | | President of the Senate Speaker of the House |
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121 | 121 | | I hereby certify that S.B. No. 267 passed the Senate on |
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122 | 122 | | April 19, 2023, by the following vote: Yeas 30, Nays 1; and that |
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123 | 123 | | the Senate concurred in House amendment on May 19, 2023, by the |
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124 | 124 | | following vote: Yeas 30, Nays 1. |
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125 | 125 | | ______________________________ |
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126 | 126 | | Secretary of the Senate |
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127 | 127 | | I hereby certify that S.B. No. 267 passed the House, with |
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128 | 128 | | amendment, on May 16, 2023, by the following vote: Yeas 136, |
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129 | 129 | | Nays 5, one present not voting. |
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130 | 130 | | ______________________________ |
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131 | 131 | | Chief Clerk of the House |
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132 | 132 | | Approved: |
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133 | 133 | | ______________________________ |
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134 | 134 | | Date |
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135 | 135 | | ______________________________ |
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136 | 136 | | Governor |
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