89R12265 JBD-D
By: Flores S.B. No. 2862
A BILL TO BE ENTITLED
AN ACT
relating to active shooter events and other emergencies, including
certain accreditations of law enforcement agencies that respond to
such emergencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 2A, Code of Criminal
Procedure, is amended by adding Article 2A.067 to read as follows:
Art. 2A.067. POLICY FOR RESPONDING TO ACTIVE SHOOTER
EMERGENCY. (a) This article applies only to a law enforcement
agency of a municipality, county, school district, or institution
of higher education, as defined by Section 61.003, Education Code.
(b) Each law enforcement agency to which this article
applies shall adopt a detailed written policy for responding to an
active shooter emergency. The policy must be based on current best
practices.
SECTION 2. Section 12.104(b), Education Code, is amended to
read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 21.006 to
report an educator's misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
37.1086, 37.1087, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207,
and 37.2071 and Subchapter J, Chapter 37;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; and
(Y) parental options to retain a student under
Section 28.02124.
SECTION 3. Section 37.108, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) Each school district or public junior college district
shall adopt and implement a multihazard emergency operations plan
for use in the district's facilities. The plan must address
prevention, mitigation, preparedness, response, and recovery as
defined by the Texas School Safety Center in conjunction with the
governor's office of homeland security, the commissioner of
education, and the commissioner of higher education. The plan must
provide for:
(1) training in responding to an emergency for
district employees, including substitute teachers;
(2) measures to ensure district employees, including
substitute teachers, have classroom access to a telephone,
including a cellular telephone, or another electronic
communication device allowing for immediate contact with district
emergency services or emergency services agencies, law enforcement
agencies, health departments, and fire departments;
(3) measures to ensure district communications
technology and infrastructure are adequate to allow for
communication during an emergency;
(4) if the plan applies to a school district,
mandatory school drills and exercises, including drills required
under Section 37.114, to prepare district students and employees
for responding to an emergency;
(5) measures to ensure coordination with the
Department of State Health Services and local emergency management
agencies, law enforcement, health departments, and fire
departments in the event of an emergency;
(6) the implementation of a safety and security audit
as required by Subsection (b); [and]
(7) measures for the prompt recovery of services
provided by the school district or public junior college district
after an active shooter emergency; and
(8) any other requirements established by the Texas
School Safety Center in consultation with the agency and relevant
local law enforcement agencies.
(a-1) Annually, each school district or public junior
college district shall organize a meeting with the Department of
Public Safety, appropriate local law enforcement agencies, and
local emergency first responders regarding the district's
multihazard emergency operations plan. The meeting must include a
discussion and analysis of how the district's multihazard emergency
operations plan would be implemented in an emergency situation.
(b) At least once every three years, each school district or
public junior college district shall conduct a safety and security
audit of the district's facilities that includes a security review
as described by Section 37.1087 for each district facility. A
district, or a person included in the registry established by the
Texas School Safety Center under Section 37.2091 who is engaged by
the district to conduct a safety and security audit, shall follow
safety and security audit procedures developed by the Texas School
Safety Center in coordination with the commissioner of education or
commissioner of higher education, as applicable.
SECTION 4. Section 37.1083(a), Education Code, is amended
to read as follows:
(a) The agency shall monitor the implementation and
operation of requirements related to school district safety and
security, including school district:
(1) multihazard emergency operations plans; [and]
(2) safety and security audits; and
(3) security reviews.
SECTION 5. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.1087 to read as follows:
Sec. 37.1087. SECURITY REVIEW. (a) If a school district or
public junior college district constructs, acquires, renovates, or
improves a district facility, the district shall, as soon as
practicable, conduct a security review of the facility to:
(1) determine whether the facility meets school safety
and security requirements; and
(2) identify security vulnerabilities at the facility
in the event of an active shooter emergency and describe strategies
to mitigate each vulnerability identified.
(b) The agency, in consultation with the Department of
Public Safety and the Texas School Safety Center, shall establish
guidelines for the security review required under this section.
SECTION 6. Section 37.109(b), Education Code, is amended to
read as follows:
(b) The committee shall:
(1) participate on behalf of the district in
developing and implementing emergency plans consistent with the
district multihazard emergency operations plan required by Section
37.108(a) to ensure that the plans reflect specific campus,
facility, or support services needs;
(2) periodically provide recommendations to the
district's board of trustees and district administrators regarding
updating the district multihazard emergency operations plan
required by Section 37.108(a) in accordance with best practices
identified by the agency, the Texas School Safety Center, or a
person included in the registry established by the Texas School
Safety Center under Section 37.2091;
(3) provide the district with any campus, facility, or
support services information required in connection with a safety
and security audit required by Section 37.108(b), a safety and
security audit report required by Section 37.108(c), a security
review required by Section 37.1087, or another report required to
be submitted by the district to the Texas School Safety Center;
(4) review each report required to be submitted by the
district to the Texas School Safety Center to ensure that the report
contains accurate and complete information regarding each campus,
facility, or support service in accordance with criteria
established by the center; and
(5) consult with local law enforcement agencies on
methods to increase law enforcement presence near district
campuses.
SECTION 7. Section 51.217(b), Education Code, is amended to
read as follows:
(b) An institution shall adopt and implement a multihazard
emergency operations plan for use at the institution. The plan must
address mitigation, preparedness, response, and recovery. The plan
must provide for:
(1) employee training in responding to an emergency;
(2) mandatory drills to prepare students, faculty, and
employees for responding to an emergency;
(3) measures to ensure coordination with the
Department of State Health Services, local emergency management
agencies, law enforcement, health departments, and fire
departments in the event of an emergency; [and]
(4) the implementation of a safety and security audit
as required by Subsection (c); and
(5) measures for the prompt recovery of services
provided by the institution after an active shooter emergency.
SECTION 8. Subchapter C, Chapter 418, Government Code, is
amended by adding Section 418.059 to read as follows:
Sec. 418.059. GUIDE ON PREPARING FOR AND RESPONDING TO
ACTIVE SHOOTER EVENT. (a) The division shall develop a guide on
preparing for and responding to an active shooter event, with an
emphasis on providing information relevant to civic, volunteer, and
community organizations.
(b) The division shall post the guide on the division's
Internet website for public use. The guide must provide a
comprehensive approach to preparing for and responding to active
shooter events and include information on:
(1) planning and preparing the response to an active
shooter event, including recommended tactics and equipment;
(2) providing leadership, incident command, and
coordination in response to the event;
(3) communicating with the public during and after the
event;
(4) investigating and reporting following the event;
(5) arranging for trauma and support services,
including acute support services and long-term support services;
and
(6) preserving and restoring community cohesion and
public life after the event.
(c) In developing and revising the guide, the division may,
in collaboration with the department, seek the advice and
assistance of local governments, civic organizations, volunteer
organizations, and community leaders.
SECTION 9. Subchapter H, Chapter 418, Government Code, is
amended by adding Sections 418.1873 and 418.1877 to read as
follows:
Sec. 418.1873. EVALUATION AND REPORT ON RESPONSE TO ACTIVE
SHOOTER EVENT REQUIRED FOR CERTAIN ENTITIES. (a) In this section:
(1) "Emergency medical services" and "emergency
medical services provider" have the meanings assigned by Section
773.003, Health and Safety Code.
(2) "Local law enforcement agency" means a political
subdivision of this state authorized by law to employ or appoint
peace officers.
(b) Each local law enforcement agency and emergency medical
services provider that responds to an active shooter event by
providing law enforcement services or emergency medical services,
or both, shall:
(1) not later than the 30th day after the date of the
event, initiate an evaluation of the agency's or provider's
response to the event and submit a preliminary report to the
division and the department regarding, at minimum, the items
required in the template created under Subsection (c); and
(2) not later than the 60th day after the date of the
event, finalize the report described by Subdivision (1) and submit
the report to the division and the department.
(c) The division, in collaboration with the department,
shall create a template for use by a local law enforcement agency or
emergency medical services provider in evaluating and reporting on
the agency's or provider's response to an active shooter event. The
template must include:
(1) prompts for reporting on the following items:
(A) a brief description and outcome of the active
shooter event;
(B) a statement of personnel and equipment
deployed during the event;
(C) a cost analysis, including salaries,
equipment, and incidentals;
(D) a copy of appropriate event logs and reports;
(E) any maps, forms, or related documentation
used in responding to or evaluating the agency's or provider's
response to the event;
(F) a summary of any deaths or injuries that
occurred as a result of the event;
(G) any information relating to the status of
criminal investigations and subsequent prosecutions arising out of
the event; and
(H) a final evaluation, including:
(i) conclusions relating to the agency's or
provider's response to the event;
(ii) problems encountered during the
response regarding personnel, equipment, resources, or multiagency
response;
(iii) suggestions for revising policy, such
as improving training and equipment; and
(iv) any additional considerations that
would improve the agency's or provider's response to active shooter
events in the future; and
(2) any other content the division considers
appropriate.
(d) The division shall adopt rules to implement this
section, including a rule defining "active shooter event."
(e) A local law enforcement agency or emergency medical
services provider that complies with this section regarding an
active shooter event is not required to conduct any evaluation or
issue any report that may be required under Section 418.188
regarding that event.
Sec. 418.1877. TRAINING ON RESPONSES TO ACTIVE SHOOTER
EVENTS REQUIRED. (a) In this section:
(1) "Emergency medical services personnel" and
"emergency medical services provider" have the meanings assigned by
Section 773.003, Health and Safety Code.
(2) "Local law enforcement agency" has the meaning
assigned by Section 418.1873.
(b) The division by rule shall require the peace officers of
each local law enforcement agency and the emergency medical
services personnel of each emergency medical services provider to
complete a training program each year that involves reviewing at
least one final report required by Section 418.1873.
(c) The division shall collaborate with the department, the
Texas Commission on Law Enforcement, and the Department of State
Health Services, as appropriate, to develop the training programs
required by Subsection (b).
(d) The division, the Texas Commission on Law Enforcement,
and the Department of State Health Services may adopt rules to
enforce this section.
SECTION 10. Chapter 418, Government Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. CERTIFICATION AND CONTINUING EDUCATION REQUIRED FOR
CERTAIN PUBLIC INFORMATION OFFICERS
Sec. 418.331. DEFINITION. In this subchapter, "public
information officer" means an individual who is employed or
appointed by a state agency, local government entity, or
open-enrollment charter school and whose duties include
communicating with the public during a disaster regarding the
disaster.
Sec. 418.332. CERTIFICATION AND CONTINUING EDUCATION
REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. Each of the
following entities shall employ or appoint a public information
officer who must obtain certification in emergency communications
from the division and complete continuing education on emergency
communications as provided by this subchapter:
(1) a municipality, including the municipal police
department;
(2) a county;
(3) a sheriff's office;
(4) an independent school district;
(5) an open-enrollment charter school;
(6) the department; and
(7) the division.
Sec. 418.333. CERTIFICATION AND CONTINUING EDUCATION. (a)
A public information officer described by Section 418.332 shall:
(1) obtain certification from the division in
emergency communications not later than the first anniversary of
the date the public information officer was hired or appointed; and
(2) complete a continuing education program on
emergency communications administered by the Federal Emergency
Management Agency and approved by the division twice during each
12-month period beginning on the date the public information
officer obtained certification.
(b) The division shall establish minimum education and
training requirements for initial certification and continuing
education under this subchapter by designating courses approved by
the Federal Emergency Management Agency. These minimum
requirements must include courses provided by the Federal Emergency
Management Agency on:
(1) the National Incident Management System;
(2) the Incident Command System; and
(3) the basic skills and principles necessary to
fulfill the role of a public information officer with respect to
emergency communications.
(c) The division shall assist the entities subject to
Section 418.332 in identifying approved training programs.
Sec. 418.334. COMPLIANCE RECORDS; INSPECTION. (a) Each
entity subject to Section 418.332 shall:
(1) maintain records that demonstrate the compliance
of each public information officer employed or appointed by that
entity with the certification and continuing education
requirements of this subchapter; and
(2) permit inspection and copying by the division,
during reasonable hours and in a reasonable manner, of the
compliance records required to be maintained under Subdivision (1).
(b) The division shall permit inspection and copying by the
department of the compliance records the division maintains under
Subsection (a)(1) during reasonable hours and in a reasonable
manner.
Sec. 418.335. RULES. The division may adopt rules to
administer this subchapter.
SECTION 11. Subchapter A, Chapter 772, Government Code, is
amended by adding Sections 772.00791, 772.013, and 772.014 to read
as follows:
Sec. 772.00791. LAW ENFORCEMENT AGENCY ACCREDITATION GRANT
PROGRAM. (a) In this section, "criminal justice division" means
the criminal justice division established under Section 772.006.
(b) The criminal justice division shall establish and
administer a grant program to provide financial assistance to a law
enforcement agency in this state for purposes of becoming
accredited or maintaining accreditation:
(1) through the Texas Police Chiefs Association Law
Enforcement Agency Best Practices Accreditation Program;
(2) by the Commission on Accreditation for Law
Enforcement Agencies, Inc.;
(3) by the International Association of Campus Law
Enforcement Administrators;
(4) by an accreditation program developed by the
Sheriffs' Association of Texas; or
(5) by an association or organization designated by
the Texas Commission on Law Enforcement as provided by Subsection
(i).
(c) Except as provided by Subsection (e), the amount of a
grant awarded to a law enforcement agency under this section is as
follows:
(1) $25,000 for each qualifying accreditation:
(A) held by the agency on the date on which the
program under this section was established; or
(B) received by the agency after the date
described by Paragraph (A); and
(2) $12,500 for each qualifying reaccreditation
received by the agency after the date described by Subdivision
(1)(A).
(d) A law enforcement agency may not be awarded a grant
described by Subsection (c)(1) with respect to an accreditation for
which the agency has previously been awarded a grant under that
subsection.
(e) If a law enforcement agency was awarded a grant
described by Subsection (c)(1) and the accreditation expires
without the agency receiving reaccreditation, the agency may be
awarded a grant under this section in the amount provided by
Subsection (c)(2) for becoming accredited by the accrediting entity
for which the grant under Subsection (c)(1) was awarded.
(f) The criminal justice division shall establish:
(1) eligibility criteria for grant applicants;
(2) grant application procedures;
(3) guidelines relating to grant amounts;
(4) procedures for evaluating grant applications; and
(5) procedures for monitoring the use of a grant
awarded under the program and ensuring compliance with any
conditions of a grant.
(g) Not later than December 1 of each year, the criminal
justice division shall submit to the Legislative Budget Board a
report that provides the following information for the preceding
state fiscal year:
(1) the name of each law enforcement agency that
applied for a grant under this section; and
(2) the amount of money distributed to each law
enforcement agency awarded a grant under this section.
(h) The criminal justice division may use any revenue
available for purposes of this section.
(i) The criminal justice division, with the assistance of
the Texas Commission on Law Enforcement, shall periodically review
associations and organizations that establish standards of
practice for law enforcement agencies and that offer accreditation
to agencies that meet those standards. On a determination by the
criminal justice division that accreditation of law enforcement
agencies in this state by an association or organization would
benefit public safety, the commission may designate the association
or organization as an accrediting entity for purposes of Subsection
(b)(5).
Sec. 772.013. COMPLEX EMERGENCY RESPONSE AND INVESTIGATION
PLANNING FOR DEPARTMENT OF PUBLIC SAFETY AND CERTAIN POLITICAL
SUBDIVISIONS. (a) In this section:
(1) "Council of governments" means a regional planning
commission or similar regional planning commission created under
Chapter 391, Local Government Code.
(2) "Department" means the Department of Public
Safety.
(3) "First responder" means:
(A) a peace officer described by Article 2A.001,
Code of Criminal Procedure;
(B) an individual included as fire protection
personnel by Section 419.021; and
(C) an individual included as emergency medical
services personnel by Section 773.003, Health and Safety Code.
(b) To prepare for complex responses to and investigations
of emergencies that may occur within the territory of a council of
governments and that require mutual aid and support from more than
one governmental entity, the department and each political
subdivision that elects, appoints, or employs a first responder
within the territory of the council of governments shall
collectively participate in a multiagency tabletop exercise at
least semiannually and an in-person drill exercise at least
annually.
(c) The department shall invite any appropriate federal
agency to participate in an exercise described by Subsection (b).
Sec. 772.014. MUTUAL AID AGREEMENTS BETWEEN DEPARTMENT OF
PUBLIC SAFETY AND LOCAL LAW ENFORCEMENT AGENCIES. (a) In this
section:
(1) "Council of governments" means a regional planning
commission or similar regional planning commission created under
Chapter 391, Local Government Code.
(2) "Department" means the Department of Public
Safety.
(b) The department and each local law enforcement agency
located wholly or partly within the geographic boundaries of a
council of governments shall collectively enter into a mutual aid
agreement that establishes the procedures for the provision of
resources, personnel, facilities, equipment, and supplies in
responses to critical incidents in a vertically integrated fashion.
(c) In establishing the procedures, the department and
local law enforcement agencies shall:
(1) give priority to establishing the
interoperability of communications equipment among the parties to
the agreement;
(2) establish procedures for interagency coordination
in activities arising from critical incidents, including evidence
collection;
(3) set jurisdictional boundaries; and
(4) determine the capabilities, processes, and
expectations among the parties to the agreement.
(d) The department shall invite any appropriate federal
agency to enter into the agreement described by Subsection (b).
SECTION 12. Chapter 370, Local Government Code, is amended
by adding Sections 370.010, 370.011, and 370.012 to read as
follows:
Sec. 370.010. RESILIENT EMERGENCY MANAGEMENT SYSTEM FOR
CERTAIN POLITICAL SUBDIVISIONS. (a) In this section, "first
responder" means:
(1) a peace officer described by Article 2A.001, Code
of Criminal Procedure;
(2) an individual included as fire protection
personnel by Section 419.021, Government Code; or
(3) an individual included as emergency medical
services personnel by Section 773.003, Health and Safety Code.
(b) A political subdivision that elects, appoints, or
employs first responders shall develop a resilient emergency
management system to coordinate the political subdivision's
response to an emergency. The system must provide for the
establishment of:
(1) a shared emergency response plan across each
department or agency of the political subdivision with a first
responder; and
(2) a multi-department and agency coordination group
to support resource prioritization and allocation for the political
subdivision during an emergency.
(c) The governing body of a political subdivision by
official action must approve the resilient emergency management
system required to be established under Subsection (b) for the
political subdivision.
Sec. 370.011. RECOVERY OF SERVICES OF CERTAIN POLITICAL
SUBDIVISIONS AND INTERJURISDICTIONAL AGENCIES AFTER ACTIVE SHOOTER
EMERGENCY. (a) In this section, "interjurisdictional agency" has
the meaning assigned by Section 418.004, Government Code.
(b) Each political subdivision and interjurisdictional
agency with an operations plan for emergency response shall adopt
and implement measures for the prompt recovery of services provided
by the political subdivision or agency after an active shooter
emergency.
Sec. 370.012. TACTICAL EQUIPMENT FOR LAW ENFORCEMENT
RESPONSE TO CRITICAL INCIDENT. (a) In this section:
(1) "Critical incident" has the meaning assigned by
Section 772.0074, Government Code.
(2) "Institution of higher education" means:
(A) an institution of higher education as defined
by Section 61.003, Education Code; or
(B) a private or independent institution of
higher education as defined by that section.
(3) "Law enforcement agency" means:
(A) a municipal police department;
(B) a county sheriff's department;
(C) a county constable's department; or
(D) a department or agency of a school district,
open-enrollment charter school, or institution of higher education
authorized by law to employ peace officers.
(4) "Peace officer" means an individual described by
Article 2A.001, Code of Criminal Procedure.
(5) "Tactical equipment" means equipment intended for
use by a peace officer to facilitate the officer's onsite response
to an ongoing critical incident, including:
(A) a weapon;
(B) a breaching tool;
(C) a ballistic shield; and
(D) a bulletproof vest or body armor.
(b) A law enforcement agency shall make available for use by
the agency's peace officers sufficient tactical equipment to allow
the peace officers to effectively respond to a critical incident.
(c) A law enforcement agency satisfies the requirement of
Subsection (b) by providing tactical equipment to equip the greater
of:
(1) at least 20 percent of the agency's peace officers;
or
(2) five of the agency's peace officers.
(d) A law enforcement agency may enter into a mutual aid
agreement with a law enforcement agency with overlapping or
adjacent jurisdiction to share tactical equipment during a critical
incident in the quantity that allows the agency to meet the
equipment requirement prescribed by Subsection (c).
SECTION 13. Chapter 391, Local Government Code, is amended
by adding Section 391.0041 to read as follows:
Sec. 391.0041. MENTAL HEALTH RESOURCES PLAN FOR FIRST
RESPONDER INVOLVED IN CRITICAL INCIDENT. (a) In this section:
(1) "Council of governments" means a regional planning
commission for a state planning region created under this chapter.
(2) "Critical incident" means an incident involving a
first responder that occurs while the first responder is performing
official duties and that results in serious bodily injury to the
first responder or poses a substantial risk of serious bodily
injury or death to the first responder or of serious harm to the
first responder's mental health or well-being.
(3) "First responder" means:
(A) a peace officer described by Article 2A.001,
Code of Criminal Procedure;
(B) an individual included as fire protection
personnel by Section 419.021, Government Code; and
(C) an individual included as emergency medical
services personnel by Section 773.003, Health and Safety Code.
(b) Each council of governments shall develop a mental
health resources plan to address the mental health needs of a first
responder following a critical incident that occurs within the
territory of the council.
(c) A plan developed under Subsection (b):
(1) must require the council of governments to
provide:
(A) education and training to a first responder
prior to a critical incident on topics including:
(i) the potential psychological impact that
being involved in an incident may have on the first responder; and
(ii) resources available to the first
responder to address the psychological impact of an incident,
including mental health counseling, peer support programs, and
stress management practices; or
(B) a list of recommended providers located
within the territory of the council who can provide the education
and training described by Paragraph (A);
(2) may recommend that an employer of a first
responder:
(A) provide mental health counseling for the
first responder following a critical incident;
(B) create a process to conduct a critical
incident stress debriefing following an incident; and
(C) create a peer support program to support the
first responder following an incident; and
(3) may include any other recommendation the council
of governments considers appropriate to address the mental health
needs of a first responder following a critical incident.
SECTION 14. Section 1701.253, Occupations Code, is amended
by adding Subsection (u) to read as follows:
(u) As part of the minimum curriculum requirements, the
commission shall require an officer to complete the training
courses described by Section 1701.273.
SECTION 15. Subchapter F, Chapter 1701, Occupations Code,
is amended by adding Section 1701.273 to read as follows:
Sec. 1701.273. TRAINING ON INCIDENT RESPONSE AND COMMAND.
(a) The commission shall require a peace officer to complete the
following emergency response management training courses, or a
substantially similar successor course as determined by the
commission, provided by the Federal Emergency Management Agency:
(1) Introduction to the Incident Command System; and
(2) National Incident Management System, An
Introduction.
(b) The commission shall require an officer to complete the
training courses described by Subsection (a) unless the officer has
completed the training under Section 1701.253(u).
SECTION 16. Subchapter H, Chapter 1701, Occupations Code,
is amended by adding Section 1701.3526 to read as follows:
Sec. 1701.3526. CONTINUING EDUCATION ON INCIDENT RESPONSE
AND COMMAND. (a) The commission shall require a peace officer whose
duties involve the supervision of officers in an incident response
to complete, as part of the continuing education programs under
Section 1701.351(a), an advanced incident response and command
course provided by the Federal Emergency Management Agency, as
determined by commission rule.
(b) The exemption under Section 1701.351(d) does not apply
to the training required by Subsection (a).
SECTION 17. Each law enforcement agency to which Article
2A.067, Code of Criminal Procedure, as added by this Act, applies
shall adopt the policy required by that article as soon as
practicable after the effective date of this Act.
SECTION 18. Not later than December 1, 2025, the Texas
Division of Emergency Management shall develop and post the guide
required by Section 418.059, Government Code, as added by this Act.
SECTION 19. A public information officer described by
Section 418.332, Government Code, as added by this Act, who was
employed or appointed before the effective date of this Act shall
obtain the certification required by Section 418.333, Government
Code, as added by this Act, not later than September 1, 2026.
SECTION 20. Not later than January 1, 2026, the Department
of Public Safety and local law enforcement agencies shall enter
into mutual aid agreements as required by Section 772.014,
Government Code, as added by this Act.
SECTION 21. Not later than January 1, 2026, each political
subdivision subject to Section 370.010, Local Government Code, as
added by this Act, shall establish a resilient emergency management
system as required by that section.
SECTION 22. As soon as practicable after the effective date
of this Act, each council of governments, as defined by Section
391.0041, Local Government Code, as added by this Act, shall
develop a mental health resources plan required to be created under
that section.
SECTION 23. As soon as practicable after the effective date
of this Act, the Texas Commission on Law Enforcement shall adopt
rules to implement the changes in law made by this Act to
Subchapters F and H, Chapter 1701, Occupations Code.
SECTION 24. The minimum curriculum requirements under
Section 1701.253(u), Occupations Code, as added by this Act, apply
only to an officer who first begins to satisfy those requirements on
or after January 1, 2026.
SECTION 25. Section 1701.3526, Occupations Code, as added
by this Act, applies only with respect to a 24-month continuing
education training unit that begins on or after the effective date
of this Act. A training unit that begins before the effective date
of this Act is governed by the law in effect on the date the training
unit began, and the former law is continued in effect for that
purpose.
SECTION 26. This Act takes effect September 1, 2025.