| 1 | 1 | | 89R16202 JCG-D |
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| 2 | 2 | | By: Shofner H.B. No. 4791 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the waiver of certain minimum standards for law |
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| 10 | 10 | | enforcement agencies based on financial hardship. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 1701.163, Occupations Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT |
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| 15 | 15 | | AGENCIES; WAIVER BASED ON FINANCIAL HARDSHIP. (a) The commission, |
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| 16 | 16 | | with input from an advisory committee, shall by rule establish |
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| 17 | 17 | | minimum standards with respect to the creation or continued |
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| 18 | 18 | | operation of a law enforcement agency based on the function, size, |
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| 19 | 19 | | and jurisdiction of the agency, including: |
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| 20 | 20 | | (1) a determination regarding the public benefit of |
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| 21 | 21 | | creating the agency in the community; |
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| 22 | 22 | | (2) the sustainable funding sources for the agency; |
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| 23 | 23 | | (3) the physical resources available to officers, |
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| 24 | 24 | | including: |
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| 25 | 25 | | (A) all standard duty firearms; |
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| 26 | 26 | | (B) less lethal force weapons, including a |
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| 27 | 27 | | requirement of at least one per officer on duty; |
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| 28 | 28 | | (C) effective communications equipment; |
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| 29 | 29 | | (D) protective equipment, including a |
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| 30 | 30 | | requirement of at least one bullet-resistant vest per officer on |
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| 31 | 31 | | duty; |
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| 32 | 32 | | (E) officer uniforms; and |
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| 33 | 33 | | (F) patrol vehicles and associated equipment; |
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| 34 | 34 | | (4) the physical facilities of the agency, including |
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| 35 | 35 | | any evidence room, dispatch area, or public area; |
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| 36 | 36 | | (5) the policies of the agency, including policies on: |
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| 37 | 37 | | (A) use of force; |
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| 38 | 38 | | (B) vehicle pursuit; |
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| 39 | 39 | | (C) professional conduct of officers; |
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| 40 | 40 | | (D) domestic abuse protocols; |
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| 41 | 41 | | (E) response to missing persons; |
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| 42 | 42 | | (F) supervision of part-time officers; |
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| 43 | 43 | | (G) impartial policing; |
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| 44 | 44 | | (H) active shooters; and |
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| 45 | 45 | | (I) barricaded subjects; |
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| 46 | 46 | | (6) the administrative structure of the agency; |
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| 47 | 47 | | (7) liability insurance; and |
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| 48 | 48 | | (8) any other standard the commission considers |
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| 49 | 49 | | necessary. |
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| 50 | 50 | | (b) On written request by a law enforcement agency, the |
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| 51 | 51 | | commission shall grant the agency a waiver from complying with a |
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| 52 | 52 | | minimum standard established under Subsection (a) if the commission |
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| 53 | 53 | | determines the agency is unable to comply with the minimum standard |
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| 54 | 54 | | primarily based on a financial hardship experienced by the agency. |
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| 55 | 55 | | A request for a waiver under this subsection must include evidence |
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| 56 | 56 | | of the agency's financial hardship. |
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| 57 | 57 | | SECTION 2. This Act takes effect immediately if it receives |
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| 58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 61 | | Act takes effect September 1, 2025. |
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