Texas 2025 - 89th Regular

Texas House Bill HB909 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2195 AJZ-F
2	2	By: Thompson H.B. No. 909
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to law enforcement misconduct and law enforcement
10	10	interactions with certain detained or arrested individuals and
11	11	other members of the public, to public entity liability for those
12	12	interactions, and to the confinement, conviction, or release of
13	13	detained or arrested individuals.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. This Act shall be known as the George Floyd Act.
16	16	SECTION 2. Title 5, Civil Practice and Remedies Code, is
17	17	amended by adding Chapter 118 to read as follows:
18	18	CHAPTER 118. PUBLIC ENTITY LIABILITY FOR DEPRIVATION OF CERTAIN
19	19	RIGHTS, PRIVILEGES, OR IMMUNITIES UNDER COLOR OF LAW
20	20	Sec. 118.001. DEFINITIONS. In this chapter:
21	21	(1) "Peace officer" has the meaning assigned by
22	22	Article 2A.001, Code of Criminal Procedure.
23	23	(2) "Public entity" means:
24	24	(A) this state;
25	25	(B) a political subdivision of this state,
26	26	including a municipality or county; and
27	27	(C) any other governmental agency whose
28	28	authority is derived from the laws or constitution of this state.
29	29	(3) "Respondeat superior" means the common law
30	30	doctrine under which an employer is liable for the wrongful acts of
31	31	the employer's employee or agent.
32	32	Sec. 118.002. PUBLIC ENTITY RESPONSIBILITY. (a) For
33	33	purposes of this chapter:
34	34	(1) a public entity is a principal responsible for the
35	35	wrongful acts or omissions of the entity's peace officers;
36	36	(2) a peace officer is an agent of the public entity
37	37	that employs the officer; and
38	38	(3) a public entity is legally responsible for a
39	39	wrongful act or omission of the entity's peace officer if the act or
40	40	omission occurs under the color of law.
41	41	(b) This chapter constitutes acceptance by a public entity
42	42	employing a peace officer of responsibility under respondeat
43	43	superior for the officer's conduct under the color of law,
44	44	regardless of whether the officer acted in accordance with a policy
45	45	or custom of the entity.
46	46	Sec. 118.003. DEPRIVATION OF RIGHTS, PRIVILEGES, OR
47	47	IMMUNITIES UNDER COLOR OF LAW. (a) An individual may bring an
48	48	action for any appropriate relief, including legal or equitable
49	49	relief, in a court of this state against a public entity on the
50	50	basis that a peace officer under the entity's employment, by an act
51	51	or omission under the color of law, deprived the individual of or
52	52	caused the individual to be deprived of a right, privilege, or
53	53	immunity under the laws or constitution of this state or the United
54	54	States.
55	55	(b) A claimant may recover in an action brought under this
56	56	chapter damages resulting from an injury arising from a deprivation
57	57	described by Subsection (a).
58	58	(c) A claimant must bring an action under this chapter not
59	59	later than two years after the day the cause of action accrues.
60	60	(d) A claimant bringing an action under this chapter bears
61	61	the burden of proving a deprivation of a right, privilege, or
62	62	immunity under the laws or constitution of this state or the United
63	63	States by a preponderance of the evidence.
64	64	Sec. 118.004. APPLICABILITY OF OTHER LAW. Notwithstanding
65	65	any other law, a statutory immunity or limitation on liability,
66	66	damages, or attorney's fees does not apply to an action brought
67	67	under this chapter.
68	68	Sec. 118.005. PROHIBITED DEFENSES. A defendant in an
69	69	action brought under this chapter may not assert as a defense or
70	70	basis for immunity that:
71	71	(1) the right, privilege, or immunity under the laws
72	72	or constitution of this state or the United States was not clearly
73	73	established at the time of the deprivation by the peace officer;
74	74	(2) based on the state of the law at the time, the
75	75	peace officer could not have been expected, reasonably or
76	76	otherwise, to know whether the officer's conduct was lawful; or
77	77	(3) the peace officer acted in good faith or believed,
78	78	reasonably or otherwise, that the officer's conduct was lawful at
79	79	the time it was committed.
80	80	Sec. 118.006. JURISDICTION IN STATE COURT. (a) An action
81	81	under this chapter arises from the laws of this state.
82	82	(b) Jurisdiction over an action brought under this chapter
83	83	is in the judicial system of this state under the laws of this
84	84	state, including the Texas Rules of Civil Procedure.
85	85	Sec. 118.007. JUDGMENT. (a) A judgment for an action
86	86	brought under this chapter must be supported by findings of fact and
87	87	conclusions of law.
88	88	(b) A peace officer may not be found financially liable in
89	89	an action brought under this chapter for a deprivation of a right,
90	90	privilege, or immunity under the laws or constitution of this state
91	91	or the United States.
92	92	Sec. 118.008. ATTORNEY'S FEES AND COSTS. (a) In an action
93	93	brought under this chapter, a court shall award reasonable
94	94	attorney's fees and costs to a prevailing claimant.
95	95	(b) Reasonable attorney's fees include fees incurred on an
96	96	hourly or contingency basis or by an attorney providing legal
97	97	services on a pro bono basis.
98	98	(c) For purposes of this section, a claimant prevails if the
99	99	claimant obtains any relief the claimant seeks in the claimant's
100	100	petition, whether the relief is obtained by judgment, settlement,
101	101	or the public entity's voluntary change in behavior.
102	102	(d) In an action brought under this chapter, if a judgment
103	103	is entered in favor of a defendant, the court may award reasonable
104	104	attorney's fees and costs to the defendant only for defending
105	105	claims the court finds frivolous.
106	106	Sec. 118.009. JOINT AND SEVERAL LIABILITY. A defendant who
107	107	is found liable in an action brought under this chapter is jointly
108	108	and severally liable for damages, attorney's fees, and costs
109	109	awarded by the court.
110	110	Sec. 118.010. TERMINATION OF CONTRACT, AGREEMENT, OR
111	111	EMPLOYMENT. (a) Notwithstanding any other law, contract, or
112	112	agreement, a public entity may terminate a contract or agreement
113	113	with or the employment of a peace officer if the court finds in an
114	114	action brought under this chapter that the officer deprived a
115	115	claimant of a right, privilege, or immunity under the laws or
116	116	constitution of this state or the United States.
117	117	(b) A public entity's termination of a contract or agreement
118	118	with or the employment of a peace officer does not affect the
119	119	entity's liability in an action brought under this chapter.
120	120	Sec. 118.011. PUBLIC DISCLOSURE. All petitions, judgments,
121	121	settlements, and consent decrees related to an action brought under
122	122	this chapter are public information subject to disclosure under
123	123	Chapter 552, Government Code.
124	124	Sec. 118.012. WAIVER OF SOVEREIGN OR GOVERNMENTAL IMMUNITY.
125	125	Sovereign or governmental immunity to suit and from liability is
126	126	waived to the extent of liability created by this chapter.
127	127	SECTION 3. Article 2A.051, Code of Criminal Procedure, is
128	128	amended to read as follows:
129	129	Art. 2A.051. GENERAL POWERS AND DUTIES OF PEACE OFFICERS.
130	130	Each peace officer [shall]:
131	131	(1) shall preserve the peace within the officer's
132	132	jurisdiction using all lawful means;
133	133	(2) may, if authorized [in every case authorized by
134	134	this code], interfere without a warrant to prevent or suppress
135	135	crime;
136	136	(3) shall execute all lawful process issued to the
137	137	officer by a magistrate or court;
138	138	(4) shall give notice to an appropriate magistrate of
139	139	all offenses committed in the officer's jurisdiction, if [where]
140	140	the officer has probable cause [good reason] to believe there has
141	141	been a violation of the penal law;
142	142	(5) may, if [when] authorized [by law], arrest an
143	143	offender without a warrant so the offender may be taken before the
144	144	proper magistrate or court and be tried;
145	145	(6) shall take possession of a child under Article
146	146	63.00905(g) [63.009(g)]; [and]
147	147	(7) shall, on a request made by the Texas Civil
148	148	Commitment Office, execute an emergency detention order issued by
149	149	that office under Section 841.0837, Health and Safety Code;
150	150	(8) shall make an identification as a peace officer
151	151	before taking any action within the course and scope of the
152	152	officer's official duties unless the identification would render
153	153	the action impracticable; and
154	154	(9) shall intervene to prevent an action by another
155	155	peace officer if:
156	156	(A) the action includes the use of force in an
157	157	amount that exceeds that which is reasonable under the
158	158	circumstances;
159	159	(B) the intervening officer knows or should know
160	160	that the other officer's action violates department policy or
161	161	local, state, or federal law; or
162	162	(C) the action puts a person at risk of bodily
163	163	injury, as that term is defined by Section 1.07, Penal Code, and is
164	164	not:
165	165	(i) immediately necessary to avoid imminent
166	166	bodily injury to a peace officer or other person; or
167	167	(ii) required to apprehend a person
168	168	suspected of committing an offense.
169	169	SECTION 4. Chapter 2B, Code of Criminal Procedure, is
170	170	amended by adding Subchapter E-1 to read as follows:
171	171	SUBCHAPTER E-1. CITATIONS AND ARRESTS
172	172	Art. 2B.0221. DEFINITION. In this subchapter, "law
173	173	enforcement agency" means an agency of the state or an agency of a
174	174	political subdivision of the state authorized by law to employ
175	175	peace officers.
176	176	Art. 2B.0222. CITE AND RELEASE POLICY. (a) Texas Southern
177	177	University, in consultation with law enforcement agencies, law
178	178	enforcement associations, law enforcement training experts, and
179	179	community organizations engaged in the development of law
180	180	enforcement policy, shall publish a written model policy regarding
181	181	the issuance of citations for misdemeanor offenses, including
182	182	traffic offenses, that are punishable by fine only. The policy must
183	183	provide a procedure for a peace officer, on a person's presentation
184	184	of appropriate identification, to verify the person's identity and
185	185	issue a citation to the person. The policy must comply with
186	186	Articles 14.01, 14.03, and 14.06 of this code and Sections 543.001
187	187	and 543.004, Transportation Code.
188	188	(b) Each law enforcement agency shall adopt a written policy
189	189	regarding the issuance of citations for misdemeanor offenses,
190	190	including traffic offenses, that are punishable by fine only. The
191	191	policy must meet the requirements for the model policy described by
192	192	Subsection (a). A law enforcement agency may adopt the model policy
193	193	published by Texas Southern University under Subsection (a).
194	194	SECTION 5. Subchapter F, Chapter 2B, Code of Criminal
195	195	Procedure, is amended by adding Article 2B.02505 to read as
196	196	follows:
197	197	Art. 2B.02505. DEFINITION. In this subchapter, "law
198	198	enforcement agency" has the meaning assigned by Article 2B.0221.
199	199	SECTION 6. Article 2B.0252, Code of Criminal Procedure, is
200	200	amended to read as follows:
201	201	Art. 2B.0252. USE OF NECK RESTRAINTS DURING SEARCH OR
202	202	ARREST PROHIBITED. A peace officer may not intentionally use a
203	203	choke hold, carotid artery hold, or similar neck restraint in
204	204	searching or arresting a person unless:
205	205	(1) the restraint is necessary to prevent serious
206	206	bodily injury to or the death of the officer or another person; and
207	207	(2) the officer discontinues the restraint as soon as
208	208	the threat of serious bodily injury or death described by
209	209	Subdivision (1) has passed.
210	210	SECTION 7. Subchapter F, Chapter 2B, Code of Criminal
211	211	Procedure, is amended by adding Article 2B.0254 to read as follows:
212	212	Art. 2B.0254. POLICY ON DE-ESCALATION AND PROPORTIONATE
213	213	RESPONSE. (a) Texas Southern University shall develop and make
214	214	available to all law enforcement agencies in this state a model
215	215	policy and associated training materials regarding the use of force
216	216	by peace officers. The model policy must be:
217	217	(1) designed to minimize the number and severity of
218	218	incidents in which peace officers use force; and
219	219	(2) consistent with the requirements of Subsection (d)
220	220	and the guiding principles on the use of force issued by the Police
221	221	Executive Research Forum.
222	222	(b) In developing a model policy under this section, Texas
223	223	Southern University shall consult with:
224	224	(1) law enforcement agencies and organizations,
225	225	including the Police Executive Research Forum and other national
226	226	experts on police management and training; and
227	227	(2) community organizations.
228	228	(c) On request of a law enforcement agency, Texas Southern
229	229	University shall provide the agency with training regarding the
230	230	policy developed under Subsection (a).
231	231	(d) Each law enforcement agency shall adopt a detailed
232	232	written policy regarding the use of force by peace officers. The
233	233	policy must:
234	234	(1) emphasize conflict de-escalation and the use of
235	235	force in a manner proportionate to the threat posed and to the
236	236	seriousness of the alleged offense;
237	237	(2) mandate that deadly force is only to be used by
238	238	peace officers as a last resort; and
239	239	(3) affirm the sanctity of human life and the
240	240	importance of treating all persons with dignity and respect.
241	241	(e) A law enforcement agency may adopt the model policy
242	242	developed by Texas Southern University under Subsection (a) or may
243	243	adopt its own policy.
244	244	SECTION 8. Article 2B.0301(b), Code of Criminal Procedure,
245	245	is amended to read as follows:
246	246	(b) The peace officer is not required to request emergency
247	247	medical services or provide first aid or treatment under Subsection
248	248	(a) if:
249	249	(1) making the request or providing the treatment
250	250	would expose the officer or another person to a likely risk of
251	251	serious bodily injury; or
252	252	(2) the officer is injured and physically unable to
253	253	make the request or provide the treatment.
254	254	SECTION 9. Article 14.01, Code of Criminal Procedure, is
255	255	amended by adding Subsection (c) to read as follows:
256	256	(c) Notwithstanding Subsection (a) or (b), a peace officer
257	257	or any other person may not, without a warrant, arrest an offender
258	258	for a misdemeanor punishable by fine only, other than an offense
259	259	under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,
260	260	Penal Code.
261	261	SECTION 10. Article 14.03, Code of Criminal Procedure, is
262	262	amended by adding Subsection (i) to read as follows:
263	263	(i) Notwithstanding Subsection (a), (d), or (g), a peace
264	264	officer may not, without a warrant, arrest a person who only commits
265	265	one or more offenses punishable by fine only, other than an offense
266	266	under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,
267	267	Penal Code.
268	268	SECTION 11. Article 14.06, Code of Criminal Procedure, is
269	269	amended by amending Subsection (b) and adding Subsection (b-1) to
270	270	read as follows:
271	271	(b) A peace officer who is charging a person, including a
272	272	child, with committing an offense that is a [Class C] misdemeanor
273	273	punishable by fine only, other than an offense under Section 49.02,
274	274	Penal Code, shall [may], instead of taking the person before a
275	275	magistrate, issue a citation to the person that contains:
276	276	(1) written notice of the time and place the person
277	277	must appear before a magistrate;
278	278	(2) the name and address of the person charged;
279	279	(3) the offense charged;
280	280	(4) information regarding the alternatives to the full
281	281	payment of any fine or costs assessed against the person, if the
282	282	person is convicted of the offense and is unable to pay that amount;
283	283	and
284	284	(5) the following admonishment, in boldfaced or
285	285	underlined type or in capital letters:
286	286	"If you are convicted of a misdemeanor offense involving
287	287	violence where you are or were a spouse, intimate partner, parent,
288	288	or guardian of the victim or are or were involved in another,
289	289	similar relationship with the victim, it may be unlawful for you to
290	290	possess or purchase a firearm, including a handgun or long gun, or
291	291	ammunition, pursuant to federal law under 18 U.S.C. Section
292	292	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
293	293	questions whether these laws make it illegal for you to possess or
294	294	purchase a firearm, you should consult an attorney."
295	295	(b-1) Notwithstanding Subsection (b), a peace officer who
296	296	is charging a person, including a child, with committing an offense
297	297	that is a misdemeanor under Section 22.01(a)(2) or (3), Penal Code,
298	298	punishable by fine only may, instead of taking the person before a
299	299	magistrate, issue a citation to the person that contains all of the
300	300	information required for a citation issued under Subsection (b).
301	301	SECTION 12. The heading to Article 38.141, Code of Criminal
302	302	Procedure, is amended to read as follows:
303	303	Art. 38.141. CORROBORATION REQUIRED FOR CERTAIN TESTIMONY
304	304	RELATING TO COVERT LAW ENFORCEMENT ACTIVITY [OF UNDERCOVER PEACE
305	305	OFFICER OR SPECIAL INVESTIGATOR].
306	306	SECTION 13. Article 38.141(a), Code of Criminal Procedure,
307	307	is amended to read as follows:
308	308	(a) A defendant may not be convicted of an offense under
309	309	Chapter 481, Health and Safety Code, on the testimony of a person
310	310	who is [not a licensed peace officer or a special investigator but
311	311	who is] acting covertly on behalf of a law enforcement agency or
312	312	under the color of law enforcement unless the testimony is
313	313	corroborated by other evidence tending to connect the defendant
314	314	with the offense committed.
315	315	SECTION 14. Subchapter B, Chapter 142, Local Government
316	316	Code, is amended by adding Section 142.0605 to read as follows:
317	317	Sec. 142.0605. PROGRESSIVE DISCIPLINARY MATRIX. (a) A
318	318	public employer shall implement a progressive disciplinary matrix,
319	319	as described by Section 143.0511, for municipal police officers if
320	320	the municipality has not adopted Chapter 143.
321	321	(b) The public employer shall adopt rules necessary to
322	322	implement the progressive disciplinary matrix.
323	323	SECTION 15. Section 142.067, Local Government Code, is
324	324	amended to read as follows:
325	325	Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
326	326	(a) Except as provided by Subsection (b), a [A] written meet and
327	327	confer agreement ratified under this subchapter preempts, during
328	328	the term of the agreement and to the extent of any conflict, all
329	329	contrary state statutes, local ordinances, executive orders, civil
330	330	service provisions, or rules adopted by the head of the law
331	331	enforcement agency or municipality or by a division or agent of the
332	332	municipality, such as a personnel board or a civil service
333	333	commission.
334	334	(b) An agreement under this subchapter:
335	335	(1) must implement the progressive disciplinary
336	336	matrix established under Section 142.0605 or 143.0511; and
337	337	(2) may not conflict with and does not supersede a
338	338	statute, ordinance, order, civil service provision, or rule
339	339	concerning the disciplinary actions that may be imposed on a police
340	340	officer under the progressive disciplinary matrix.
341	341	SECTION 16. Section 143.003, Local Government Code, is
342	342	amended by adding Subdivision (6) to read as follows:
343	343	(6) "Progressive disciplinary matrix" means a formal
344	344	schedule for disciplinary actions that may be taken against a
345	345	police officer as described by Section 143.0511.
346	346	SECTION 17. Section 143.008, Local Government Code, is
347	347	amended by amending Subsection (c) and adding Subsection (c-1) to
348	348	read as follows:
349	349	(c) The commission shall adopt rules that prescribe cause
350	350	for removal or suspension of a fire fighter [or police officer].
351	351	The rules must comply with the grounds for removal prescribed by
352	352	Section 143.051.
353	353	(c-1) The commission shall adopt rules that prescribe the
354	354	disciplinary actions that may be taken against a police officer
355	355	under a progressive disciplinary matrix.
356	356	SECTION 18. Subchapter D, Chapter 143, Local Government
357	357	Code, is amended by adding Section 143.0511 to read as follows:
358	358	Sec. 143.0511. PROGRESSIVE DISCIPLINARY MATRIX. (a) The
359	359	commission shall implement a progressive disciplinary matrix for
360	360	infractions committed by police officers that consists of a range
361	361	of progressive disciplinary actions applied in a standardized way
362	362	based on the nature of the infraction and the officer's prior
363	363	conduct record, including removal, suspension, change of duty or
364	364	assignment, demotion, deduction of points from a promotional
365	365	examination grade, retraining, a written warning, or a written
366	366	reprimand.
367	367	(b) The progressive disciplinary matrix must include:
368	368	(1) standards for disciplinary actions relating to the
369	369	use of force against another person, including the failure to
370	370	de-escalate force incidents in accordance with departmental
371	371	policy;
372	372	(2) standards for evaluating the level of discipline
373	373	appropriate for uncommon infractions; and
374	374	(3) presumptive actions to be taken for each type of
375	375	infraction and any adjustment to be made based on a police officer's
376	376	previous disciplinary record.
377	377	SECTION 19. Section 143.057, Local Government Code, is
378	378	amended by amending Subsection (a) and adding Subsection (b-1) to
379	379	read as follows:
380	380	(a) In addition to the other notice requirements prescribed
381	381	by this chapter, the written notice for a promotional bypass or the
382	382	letter of disciplinary action, as applicable, issued to a fire
383	383	fighter or police officer must state that in an appeal of an
384	384	indefinite suspension, a suspension, a promotional bypass, [or] a
385	385	recommended demotion, or, if issued to a police officer, any other
386	386	disciplinary sanction, the appealing fire fighter or police officer
387	387	may elect to appeal to an independent third party hearing examiner
388	388	instead of to the commission. The letter must also state that if
389	389	the fire fighter or police officer elects to appeal to a hearing
390	390	examiner, the person waives all rights to appeal to a district court
391	391	except as provided by Subsection (j).
392	392	(b-1) A hearing examiner must presume a disciplinary action
393	393	applied to a police officer under a progressive disciplinary matrix
394	394	is reasonable unless the facts indicate that the department
395	395	inappropriately applied a category of offense to the particular
396	396	violation.
397	397	SECTION 20. Section 143.307, Local Government Code, is
398	398	amended by amending Subsections (a) and (b) and adding Subsection
399	399	(d) to read as follows:
400	400	(a) Except as provided by Subsection (d), an [An] agreement
401	401	under this subchapter supersedes a previous statute concerning
402	402	wages, salaries, rates of pay, hours of work, or other terms and
403	403	conditions of employment to the extent of any conflict with the
404	404	statute.
405	405	(b) Except as provided by Subsection (d), an [An] agreement
406	406	under this subchapter preempts any contrary statute, executive
407	407	order, local ordinance, or rule adopted by the state or a political
408	408	subdivision or agent of the state, including a personnel board, a
409	409	civil service commission, or a home-rule municipality.
410	410	(d) An agreement under this subchapter affecting police
411	411	officers:
412	412	(1) must implement the progressive disciplinary
413	413	matrix established under Section 143.0511; and
414	414	(2) may not conflict with and does not supersede a
415	415	statute, order, ordinance, or rule concerning the disciplinary
416	416	actions that may be imposed on a police officer under the
417	417	progressive disciplinary matrix.
418	418	SECTION 21. Section 143.361, Local Government Code, is
419	419	amended by amending Subsections (a) and (b) and adding Subsection
420	420	(d) to read as follows:
421	421	(a) Except as provided by Subsection (d), a [A] written
422	422	agreement ratified under this subchapter between a public employer
423	423	and the bargaining agent supersedes a previous statute concerning
424	424	wages, salaries, rates of pay, hours of work, and other terms of
425	425	employment other than pension benefits to the extent of any
426	426	conflict with the previous statute.
427	427	(b) Except as provided by Subsection (d), a [A] written
428	428	agreement ratified under this subchapter preempts all contrary
429	429	local ordinances, executive orders, legislation, or rules adopted
430	430	by the state or a political subdivision or agent of the state, such
431	431	as a personnel board, a civil service commission, or a home-rule
432	432	municipality.
433	433	(d) An agreement under this subchapter affecting police
434	434	officers:
435	435	(1) must implement the progressive disciplinary
436	436	matrix established under Section 143.0511; and
437	437	(2) may not conflict with and does not supersede an
438	438	ordinance, order, statute, or rule concerning the disciplinary
439	439	actions that may be imposed on a police officer under the
440	440	progressive disciplinary matrix.
441	441	SECTION 22. Section 174.005, Local Government Code, is
442	442	amended to read as follows:
443	443	Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as
444	444	provided by Subsection (b), this [This] chapter preempts all
445	445	contrary local ordinances, executive orders, legislation, or rules
446	446	adopted by the state or by a political subdivision or agent of the
447	447	state, including a personnel board, civil service commission, or
448	448	home-rule municipality.
449	449	(b) An agreement under this chapter may not conflict with an
450	450	ordinance, order, statute, or rule concerning the disciplinary
451	451	actions that may be imposed on municipal police officers under a
452	452	progressive disciplinary matrix implemented by the municipal
453	453	public employer.
454	454	SECTION 23. Section 174.006, Local Government Code, is
455	455	amended by amending Subsection (a) and adding Subsection (a-1) to
456	456	read as follows:
457	457	(a) Except as provided by Subsection (a-1), a [A] state or
458	458	local civil service provision prevails over a collective bargaining
459	459	contract under this chapter unless the collective bargaining
460	460	contract specifically provides otherwise.
461	461	(a-1) A collective bargaining contract affecting municipal
462	462	police officers may not conflict with a state or local civil service
463	463	provision implementing a progressive disciplinary matrix under
464	464	this chapter or other law.
465	465	SECTION 24. Subchapter B, Chapter 174, Local Government
466	466	Code, is amended by adding Section 174.024 to read as follows:
467	467	Sec. 174.024. PROGRESSIVE DISCIPLINARY MATRIX FOR CERTAIN
468	468	POLICE OFFICERS. (a) A municipal public employer shall implement a
469	469	progressive disciplinary matrix, as described by Section 143.0511,
470	470	for municipal police officers if the municipality has not adopted
471	471	Chapter 143.
472	472	(b) The municipal public employer shall adopt rules
473	473	necessary to implement the progressive disciplinary matrix.
474	474	SECTION 25. Section 1701.2551(b), Occupations Code, is
475	475	amended to read as follows:
476	476	(b) The basic peace officer training course must include
477	477	training on:
478	478	(1) the prohibition against the intentional use of a
479	479	choke hold, carotid artery hold, or similar neck restraint during a
480	480	search or arrest by a peace officer as prescribed by Article
481	481	2B.0252, Code of Criminal Procedure [in searching or arresting a
482	482	person, unless the officer reasonably believes the restraint is
483	483	necessary to prevent serious bodily injury to or the death of the
484	484	peace officer or another person];
485	485	(2) the duty of a peace officer to intervene to stop or
486	486	prevent another peace officer from using force against a person
487	487	suspected of committing an offense if:
488	488	(A) the amount of force exceeds that which is
489	489	reasonable under the circumstances; and
490	490	(B) the officer knows or should know that the
491	491	other officer's use of force:
492	492	(i) violates state or federal law;
493	493	(ii) puts a person at risk of bodily injury,
494	494	as that term is defined by Section 1.07, Penal Code, and is not
495	495	immediately necessary to avoid imminent bodily injury to a peace
496	496	officer or other person; and
497	497	(iii) is not required to apprehend the
498	498	person suspected of committing an offense; and
499	499	(3) the duty of a peace officer [who encounters an
500	500	injured person while discharging the officer's official duties] to
501	501	[immediately and as necessary] request [emergency medical services
502	502	personnel to provide the person with emergency medical services]
503	503	and render [, while waiting for emergency medical services
504	504	personnel to arrive, provide first] aid for an injured [or
505	505	treatment to the] person as prescribed by Article 2B.0301, Code of
506	506	Criminal Procedure [to the extent of the officer's skills and
507	507	training, unless the request for emergency medical services
508	508	personnel or the provision of first aid or treatment would expose
509	509	the officer or another person to a risk of bodily injury or the
510	510	officer is injured and physically unable to make the request or
511	511	provide the treatment].
512	512	SECTION 26. Section 1701.269(b), Occupations Code, is
513	513	amended to read as follows:
514	514	(b) The model training curriculum and model policies
515	515	developed under Subsection (a) must include curriculum and policies
516	516	regarding:
517	517	(1) the prohibition against the intentional
518	518	[curriculum and policies for banning the] use of a choke hold,
519	519	carotid artery hold, or similar neck restraint during a search or
520	520	arrest by a peace officer as prescribed by Article 2B.0252, Code of
521	521	Criminal Procedure [in searching or arresting a person, unless the
522	522	officer reasonably believes the restraint is necessary to prevent
523	523	serious bodily injury to or the death of the peace officer or
524	524	another person];
525	525	(2) [curriculum and policies regarding] the duty of a
526	526	peace officer to intervene to stop or prevent another peace officer
527	527	from using force against a person suspected of committing an
528	528	offense if:
529	529	(A) the amount of force exceeds that which is
530	530	reasonable under the circumstances; and
531	531	(B) the officer knows or should know that the
532	532	other officer's use of force:
533	533	(i) violates state or federal law;
534	534	(ii) puts a person at risk of bodily injury,
535	535	as that term is defined by Section 1.07, Penal Code, and is not
536	536	immediately necessary to avoid imminent bodily injury to a peace
537	537	officer or other person; and
538	538	(iii) is not required to apprehend the
539	539	person suspected of committing an offense; and
540	540	(3) [curriculum and policies regarding] the duty of a
541	541	peace officer [who encounters an injured person while discharging
542	542	the officer's official duties] to [immediately and as necessary]
543	543	request [emergency medical services personnel to provide the person
544	544	with emergency medical services] and render [, while waiting for
545	545	emergency medical services personnel to arrive, provide first] aid
546	546	for an injured [or treatment to the] person as prescribed by Article
547	547	2B.0301, Code of Criminal Procedure [to the extent of the officer's
548	548	skills and training, unless the request for emergency medical
549	549	services personnel or the provision of first aid or treatment would
550	550	expose the officer or another person to a risk of bodily injury or
551	551	the officer is injured and physically unable to make the request or
552	552	provide the treatment].
553	553	SECTION 27. Sections 9.51(a), (b), (c), and (d), Penal
554	554	Code, are amended to read as follows:
555	555	(a) A peace officer, or a person acting in a peace officer's
556	556	presence and at the officer's [his] direction, is justified in
557	557	using nonlethal force against another when and to the degree [the
558	558	actor reasonably believes] the force is immediately necessary to
559	559	make or assist in making an arrest or search, or to prevent or
560	560	assist in preventing escape after arrest, if:
561	561	(1) the actor reasonably believes the arrest or search
562	562	is lawful or, if the arrest or search is made under a warrant, the
563	563	actor [he] reasonably believes the warrant is valid; [and]
564	564	(2) before using force, the actor:
565	565	(A) manifests the actor's [his] purpose to arrest
566	566	or search and identifies the actor [himself] as a peace officer or
567	567	as a person [one] acting at a peace officer's direction, unless the
568	568	actor [he] reasonably believes the actor's [his] purpose and
569	569	identity are already known by or cannot reasonably be made known to
570	570	the person for whom the arrest or search is authorized;
571	571	(B) attempts to de-escalate the situation; and
572	572	(C) issues a warning that force will be used;
573	573	(3) the force used is proportionate to the threat
574	574	posed and to the seriousness of the alleged offense;
575	575	(4) the actor immediately terminates the use of force
576	576	the moment the person against whom force is used becomes compliant
577	577	or is subdued; and
578	578	(5) the use of force does not present a serious risk of
579	579	injury to any person other than the actor or the person against whom
580	580	the force is used [to be arrested].
581	581	(b) A person who is not [other than] a peace officer [(] or
582	582	[one] acting at a peace officer's [his] direction [)] is justified
583	583	in using nonlethal force against another when and to the degree [the
584	584	actor reasonably believes] the force is immediately necessary to
585	585	make or assist in making a lawful arrest, or to prevent or assist in
586	586	preventing escape after lawful arrest if:
587	587	(1) [,] before using force, the actor:
588	588	(A) manifests the actor's [his] purpose to arrest
589	589	and the reason for the arrest or reasonably believes the actor's
590	590	[his] purpose and the reason are already known by or cannot
591	591	reasonably be made known to the person for whom arrest is
592	592	authorized;
593	593	(B) attempts to de-escalate the situation; and
594	594	(C) issues a warning that force will be used;
595	595	(2) the force used is proportionate to the threat
596	596	posed and to the seriousness of the alleged offense;
597	597	(3) the actor immediately terminates the use of force
598	598	the moment the person against whom force is used becomes compliant
599	599	or is subdued; and
600	600	(4) the use of force does not present a serious risk of
601	601	injury to any person other than the actor or the person against whom
602	602	the force is used [to be arrested].
603	603	(c) A peace officer is only justified in using deadly force
604	604	against another when and to the degree [the peace officer
605	605	reasonably believes] the deadly force is immediately necessary to
606	606	make an arrest, or to prevent escape after arrest, if the use of
607	607	force would have been justified under Subsection (a) and:
608	608	(1) [the actor reasonably believes the conduct for
609	609	which arrest is authorized included the use or attempted use of
610	610	deadly force; or
611	611	[(2) the actor reasonably believes there is a
612	612	substantial risk that] the person for whom arrest is authorized
613	613	poses an imminent threat of [to be arrested will cause] death or
614	614	serious bodily injury to the actor or another;
615	615	(2) the deadly force is used only against the person
616	616	for whom arrest is authorized;
617	617	(3) the actor immediately terminates the use of deadly
618	618	force the moment the imminent threat of death or serious bodily
619	619	injury is eliminated; and
620	620	(4) no lesser degree of force could have eliminated
621	621	the imminent threat of death or serious bodily injury [if the arrest
622	622	is delayed].
623	623	(d) A person who is not [other than] a peace officer but is
624	624	acting in a peace officer's presence and at the officer's [his]
625	625	direction is justified in using deadly force against another when
626	626	and to the degree [the person reasonably believes] the deadly force
627	627	is immediately necessary to make a lawful arrest, or to prevent
628	628	escape after a lawful arrest, if the use of force would have been
629	629	justified under Subsection (b) and:
630	630	(1) [the actor reasonably believes the felony or
631	631	offense against the public peace for which arrest is authorized
632	632	included the use or attempted use of deadly force; or
633	633	[(2) the actor reasonably believes there is a
634	634	substantial risk that] the person for whom arrest is authorized
635	635	poses an imminent threat of [to be arrested will cause] death or
636	636	serious bodily injury to another;
637	637	(2) the deadly force is used only against the person
638	638	for whom arrest is authorized;
639	639	(3) the actor immediately terminates the use of deadly
640	640	force the moment the imminent threat of death or serious bodily
641	641	injury is eliminated; and
642	642	(4) no lesser degree of force could have eliminated
643	643	the imminent threat of death or serious bodily injury [if the arrest
644	644	is delayed].
645	645	SECTION 28. Subchapter E, Chapter 9, Penal Code, is amended
646	646	by adding Section 9.515 to read as follows:
647	647	Sec. 9.515. PROHIBITED TECHNIQUES. Notwithstanding any
648	648	other law, the use of force or deadly force against a person is not
649	649	justified under Section 9.51 if the force or deadly force is used in
650	650	a manner that impedes the normal breathing or circulation of the
651	651	blood of the person by applying pressure to the person's throat or
652	652	neck or by blocking the person's nose or mouth.
653	653	SECTION 29. Section 543.001, Transportation Code, is
654	654	amended to read as follows:
655	655	Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace
656	656	officer may arrest without warrant a person found committing a
657	657	violation of this subtitle, other than a person found only
658	658	committing one or more misdemeanors punishable by fine only.
659	659	SECTION 30. Section 543.004(a), Transportation Code, is
660	660	amended to read as follows:
661	661	(a) An officer shall issue a written notice to appear if:
662	662	(1) the offense charged is a misdemeanor under this
663	663	subtitle that is punishable by fine only[:
664	664	[(A) speeding;
665	665	[(B) the use of a wireless communication device
666	666	under Section 545.4251; or
667	667	[(C) a violation of the open container law,
668	668	Section 49.031, Penal Code]; and
669	669	(2) the person makes a written promise to appear in
670	670	court as provided by Section 543.005.
671	671	SECTION 31. The following laws are repealed:
672	672	(1) Article 2B.0253(a)(2), Code of Criminal
673	673	Procedure;
674	674	(2) Article 38.141(c), Code of Criminal Procedure; and
675	675	(3) Section 9.51(e), Penal Code.
676	676	SECTION 32. Chapter 118, Civil Practice and Remedies Code,
677	677	as added by this Act, applies only to a cause of action that accrues
678	678	on or after the effective date of this Act.
679	679	SECTION 33. (a) Not later than January 1, 2026, Texas
680	680	Southern University shall publish the model policies required by
681	681	Articles 2B.0222(a) and 2B.0254(a), Code of Criminal Procedure, as
682	682	added by this Act.
683	683	(b) Not later than March 1, 2026, each law enforcement
684	684	agency in this state shall adopt the policies required by Articles
685	685	2B.0222(b) and 2B.0254(d), Code of Criminal Procedure, as added by
686	686	this Act.
687	687	SECTION 34. Articles 14.01, 14.03, and 14.06, Code of
688	688	Criminal Procedure, as amended by this Act, Section 9.515, Penal
689	689	Code, as added by this Act, and Sections 543.001 and 543.004,
690	690	Transportation Code, as amended by this Act, apply only to an
691	691	offense committed on or after the effective date of this Act. An
692	692	offense committed before the effective date of this Act is governed
693	693	by the law in effect on the date the offense was committed, and the
694	694	former law is continued in effect for that purpose. For purposes of
695	695	this section, an offense was committed before the effective date of
696	696	this Act if any element of the offense occurred before that date.
697	697	SECTION 35. Article 38.141, Code of Criminal Procedure, as
698	698	amended by this Act, applies to any case in which a judgment is
699	699	entered on or after the effective date of this Act. A case in which
700	700	a judgment is entered before the effective date of this Act is
701	701	governed by the law in effect on the date the judgment was entered,
702	702	and the former law is continued in effect for that purpose.
703	703	SECTION 36. The changes in law made by this Act to the Local
704	704	Government Code apply only to a disciplinary action for conduct
705	705	that occurs on or after March 1, 2026. Conduct that occurs before
706	706	that date is governed by the law in effect immediately before that
707	707	date, and the former law is continued in effect for that purpose.
708	708	SECTION 37. Sections 142.067(b), 143.307(d), 143.361(d),
709	709	174.005(b), and 174.006(a-1), Local Government Code, as added by
710	710	this Act, apply only to an agreement entered into or renewed on or
711	711	after March 1, 2026. An agreement entered into or renewed before
712	712	March 1, 2026, is governed by the law in effect on the date the
713	713	agreement was entered into or renewed, and the former law is
714	714	continued in effect for that purpose.
715	715	SECTION 38. (a) The Bill Blackwood Law Enforcement
716	716	Management Institute of Texas shall consult with law enforcement
717	717	agencies of all sizes, law enforcement associations, law
718	718	enforcement training experts, and appropriate organizations
719	719	engaged in the development of law enforcement policy to develop a
720	720	model progressive disciplinary matrix, as defined by Section
721	721	143.003(6), Local Government Code, as added by this Act, and
722	722	associated training materials regarding the application of that
723	723	matrix. The institute shall provide for a period of public comment
724	724	before adopting the model progressive disciplinary matrix and
725	725	training materials.
726	726	(b) Not later than January 1, 2026, the institute shall
727	727	adopt and disseminate the model progressive disciplinary matrix and
728	728	training materials to all law enforcement agencies and civil
729	729	service commissions in this state.
730	730	(c) This section expires September 1, 2026.
731	731	SECTION 39. Section 9.51, Penal Code, as amended by this
732	732	Act, applies only to use of force that occurs on or after March 1,
733	733	2026.
734	734	SECTION 40. This Act takes effect September 1, 2025.