89R16202 JCG-D
By: Shofner H.B. No. 4791
A BILL TO BE ENTITLED
AN ACT
relating to the waiver of certain minimum standards for law
enforcement agencies based on financial hardship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.163, Occupations Code, is amended
to read as follows:
Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT
AGENCIES; WAIVER BASED ON FINANCIAL HARDSHIP. (a) The commission,
with input from an advisory committee, shall by rule establish
minimum standards with respect to the creation or continued
operation of a law enforcement agency based on the function, size,
and jurisdiction of the agency, including:
(1) a determination regarding the public benefit of
creating the agency in the community;
(2) the sustainable funding sources for the agency;
(3) the physical resources available to officers,
including:
(A) all standard duty firearms;
(B) less lethal force weapons, including a
requirement of at least one per officer on duty;
(C) effective communications equipment;
(D) protective equipment, including a
requirement of at least one bullet-resistant vest per officer on
duty;
(E) officer uniforms; and
(F) patrol vehicles and associated equipment;
(4) the physical facilities of the agency, including
any evidence room, dispatch area, or public area;
(5) the policies of the agency, including policies on:
(A) use of force;
(B) vehicle pursuit;
(C) professional conduct of officers;
(D) domestic abuse protocols;
(E) response to missing persons;
(F) supervision of part-time officers;
(G) impartial policing;
(H) active shooters; and
(I) barricaded subjects;
(6) the administrative structure of the agency;
(7) liability insurance; and
(8) any other standard the commission considers
necessary.
(b) On written request by a law enforcement agency, the
commission shall grant the agency a waiver from complying with a
minimum standard established under Subsection (a) if the commission
determines the agency is unable to comply with the minimum standard
primarily based on a financial hardship experienced by the agency.
A request for a waiver under this subsection must include evidence
of the agency's financial hardship.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.