On Friday, March 12, 2021, the deadline for members of the legislature to file new bills came and went. Members of the Texas House filedover 4,500 separate billswhile members of the Senate filedover 2,100.
Of these, CLEAT has identified110 billsthatnegatively impact law enforcement, their ability to do the job, or the benefits and working conditions that officers deserve.Anadditional 200 plus billsare being closely monitored to determine their impact on the law enforcement profession.
Exemption of certain firefighters and police officers from jury service.
HB 3259
Rep. Scott Sanford
The employment of certain peace officers, detention officers, county jailers, or firefighters who are injured in the course and scope of duty.
HB 2561
Rep. Armando Martinez (D)
Deputy sheriff civil service appeals of certain sheriff’s department’s actions.
HB 1217
Rep. Mary Ann Perez (D)
The est. of a constable’s dept. civil service system in certain counties.
HB 3014
Rep. Eddie Lucio, III (D)
The right of one immediate family member of certain deceased peace officers to make an oral statement regarding the terms of a plea bargain agreement.
SCR 107
Senator Bryan Hughes
Urging Congress to repeal the Government Pension Offset and the Windfall Elimination Provision of the Social Security Act.
HCR 43
Rep. Abel Herrero (D)
Urging Congress to repeal the Government Pension Offset and the Windfall Elimination Provision of the Social Security Act.
SB 107
Senator Beverly Powell (D)
COVID Presumption
HB 2002
Rep. Scott Sanford
PTSD Bill
HB 1326
Rep. Charlie Geren
Special Courts for public safety employees
HB 1440
Rep. Matt Shaeffer
Relating to personal records of retired law enforcement
HB 1509
Rep. Jim Murphy
Enhancement bill
HB 1747
Rep. J.M. Lozano (D)
COVID Vaccine Bill for first responders
HB 3816
Rep. Todd Hunter
COVID Presumption
SB 198
Senator Jane Nelson
Retiree weapons proficiency
HB 3926 & HB 3927
Rep. Cole Hefner
E-Tag (Officer Safety)
HB 3831 & SB 1894
Rep. Charlie Geren & Senator Brandon Creighton
Brady Bill
COVID-19
In addition to the COVID bills listed in the table above, Texas legislators have filed 11 additional COVID-related bills that would positively benefit first responders and their families.
Our number one concern this session is to ensure that first responders who have contracted COVID-19 are taken care of and given the support that is due. We are also fighting for the families of first responders who have passed away due to COVID-19. We want to ensure that the fallen officers’ families receive the workers compensation and line of death benefits they deserve.
In order to do that, we are seeking legislation that would provide apresumption that any first responder, peace officer, detention officer, or corrections officer who contracts/has contracted COVID-19did so in the line of duty.
The goal is to retroactively cover anyone (listed above) who has been affected by COVID-19 since the pandemic first began. In addition, if the first responder or officer has died, their families will receive the workers compensation benefits they are owed.
The following bills seek to address issues with COVID-19: (Links are to the bills on Texas Legislature Online)
COVID-19 BILL LIST
Bill Number
Bill Author
Bill Summary
HB 3
Rep. Dustin Burrows
Relating to state and local government responses to a pandemic disaster.
HB 34
Rep. Terry Canales (D)
Relating to presumptive coverage for first responders that contract COVID-19.
HB 541
Rep. Jared Patterson
Relating to a presumption in regard to the eligibility of public safety employees who have contracted coronavirus disease (COVID-19) for certain benefits.
HB 637
Rep. Terry Canales (D)
Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees.
HB 1498
Rep. Armando Martinez (D)
Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees.
HB 2073
Rep. Dustin Burrows
Relating to quarantine leave for firefighters, peace officers, and emergency medical technicians employed by, appointed by, or elected for a political subdivision.
HB 4301
Rep. Jay Dean
Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees.
SB 22
Senator Drew Springer
Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees.
SB 463
Senator Eddie Lucio (D)
Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees.
SB 527
Senator Drew Springer
Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees.
SB 1401
Senator Drew Springer
Relating to quarantine leave for firefighters, peace officers, and emergency medical technicians employed by, appointed by, or elected for a political subdivision.
BRADY LISTS
Another top priority is due process with regards toofficers being placed on a“Brady List”by their District Attorney.
This happens when the department reports misconduct by the officer to the D.A. or when the D.A. independently makes the decision to put an officer on the list.
Once on the list, it effectively means that the officer isnot considered credible and can’t testify in a criminal case being prosecuted by the D.A.
WHAT DOES THIS MEAN FOR AN OFFICER?
Being placed on aBrady Listcanend an officer’s career if they are not able to file or testify in cases. The problem arises when a D.A. places an officer on aBrady Listbased onunsubstantiated or non-sustained allegations of misconduct.
Additionally, once an officer is on a Brady List, it is virtually impossible to be removed from the list,even if the officer wins an appeal regarding the allegations of misconduct.
WHAT CAN BE DONE?
CLEAT has tried to resolve this issue informally in the past but has run into roadblock after roadblock from all parties involved. During this session, we asked for legislation that wouldprovide due process to officers placed on Brady Lists.
Since then,two billshave been filed that would provide officers a hearing through the State Office of Administrative Hearings (SOAH) if they felt they were unjustly placed on a Brady List.
BRADY BILL LIST
Bill Number
Bill Author
Bill Summary
HB 3831
Rep. Charlie Geren
Relating to a limitation on the use of certain unsubstantiated information relating to peace officer misconduct.
SB 1894
Senator Brandon Creighton
Relating to a limitation on the use of certain unsubstantiated information relating to peace officer misconduct.
POLICE REFORM
As you can imagine, with the environment we are working in today, many legislators found the need to file some bill to address “police reform”. Many center around the George Floyd case, but not all of them. Bills were filed to address a wide range of issues. Space does not allow us to cover them all, but here are the ones we are most concerned with. Some are reasonable changes and others are not.
Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public.
OPPOSE: Multiple changes to various statutes. Severely limits or changes qualified immunity. Changes duty to intervene. Requirement for peace officer to identify. Duty to intervene when another peace officer is acting unlawfully. Cite and release policy. De-escalation policy. Prohibit class C arrests. Corroboration required for testimony relating to covert law enforcement activity. Progressive disciplinary matrix. Limits meet & confer agreements and bargaining agreements and civil service with regard to disciplinary appeals. Model use of force policy. Changes force to “nonlethal” force in Penal Code. Drastically changes when force and deadly force can be used. Prevents for and deadly force in a manner that impedes the normal breathing or circulation of the blood by apply pressure to throat or neck, nose, or mouth.
Relating to peace officers and the investigation and prosecution of criminal offenses.
Remarks:
OPPOSE: Allows officers to be sued. Qualified immunity or the officers good faith but erroneous belief in the lawfulness of their conduct is not a defense.
Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses.
Remarks:
OPPOSE: Allows officers to be sued. Qualified immunity or the officers good faith but erroneous belief in the lawfulness of their conduct is not a defense.
Relating to prohibiting peace officers from using neck restraints during a search or arrest.
Remarks:
SUPPORT: Amends CCP (not Penal Code) to make it policy that a peace officer may not intentionally use a chock hold, carotid artery hold, or similar neck restraint in searching or arresting a person unless the restraint is necessary to prevent serious bodily injury to or the death of the officer or another person. Objectively Reasonable Standard / Graham v. Connor
Relating to law enforcement policies requiring a peace officer to intervene when another peace officer uses excessive force or commits an offense.
Remarks:
WATCH: Requires law enforcement agency adopt a policy that requires officers to intervene to stop or prevent another peace officer from using excessive force or committing an offense.
Relating to the duties and powers of peace officers.
Remarks:
OPPOSE: Amends 2.13 CCP to remove provision requiring officers to take action or arrest and changing it to “may, if authorized”. Adds provision requiring officer to identify before taking any action unless impracticable. Adds duty to intervene. Imposes duty to provide aid or medical attention.
Relating to a duty for peace officers to intervene and make a report when a peace officer uses excessive force.
Remarks:
SUPPORT: Amends CCP to make it policy that a peace officer has a duty to intervene to stop or prevent another peace officer from using force against a person if the amount of force exceeds that which is reasonable under the circumstances. Requires peace officer who witnesses the use of excessive force must make a detailed report of the incident and deliver the report to the officer’s supervisor. Objectively Reasonable Standard / Graham v. Connor
HIRING PRACTICES & TCOLE TERMINATION REPORTS (F5) BILL LIST
Relating to employment records of certain persons licensed by the Texas Commission on Law Enforcement.
Remarks:
WATCH: Would allow TCOLE to adopt rules regarding the release of employment records to other agencies and prevent an officer from entering into an agreement with an agency that would prevent records from being released.
Relating to employment information and records regarding certain persons licensed by the Texas Commission on Law Enforcement.
Remarks:
WATCH: Allows TCOLE to make employment records available electronically. Allows TCOLE to adopt rules to make electronic records available. Provides that a person licensed may not enter into an agreement with employing law enforcement agency under which the agency is prohibited making the persons employment records available to another law enforcement agency or disclosing information about the person’s employment to another law enforcement agency or potential employer in a related field.
Relating to certain persons licensed by the Texas Commission on Law Enforcement.
Remarks:
OPPOSE: F5 must include information on pending investigation if officer resigns or retires. Creates new provision that allows TCOLE by rule to establish grounds under which the commission shall suspend or revoke an officer license if performance of duties constitutes a threat to the public welfare. Lists a wide range of areas that TCOLE can investigate and suspend over.
Relating to procedures for and the consequences of the dishonorable discharge of certain peace officers.
Companions:
SB 1819 Bettencourt, Paul(Identical) 3-12-21 S Filed
Remarks:
OPPOSE: Prohibit peace officer from receiving their pension if the person is dishonorably discharged peace officer. Provides that a person whose TCOLE license has been revoked under Section 1701.4521 is disqualified to be an officer and the commission may not issue a license to the person. Amends F5 report to require a description of any disciplinary or performance issues for which the person was discharged. Amends definition of Dishonorable discharge under TCOLE to include a person who was terminated by a law enforcement agency or retired or resigned in lieu of termination by the agency after being placed on a “Brady List” or for engaging in conduct that would constitute grounds for being placed on a “Brady List”. Creates a Class B misdemeanor for head of agency to fail to issue correct F5. Requires suspension of TCOLE license when dishonorably discharged (first time). Requires license to be revoked if officer appeals to SOAH and loses or if they do not appeal. Requires agency to maintain a complete and unredacted copy of each F5 for a person who was issued a general or dishonorable discharge. Gives DA immunity from civil liability if putting an officer on a Brady List was “in good faith”.
Relating to certain grounds for revocation of a peace officer license.
Remarks:
OPPOSE: Amends TCOLE to provide the commission can establish rules, investigate and shall revoke the license of an officer who has participated in a riot or insurrection. Provides that TCOLE shall establish rules under which the commission can suspend or revoke a license if the license holder’s continued performance of duties constitutes a threat to the public welfare including lack of competence, illegal drug use, lack of truthfulness, failure to follow orders or policy, discriminatory conduct, or conduct indicating a pattern of excessive force, abuse of official capacity, inappropriate relationships with persons in custody, sexual harassment, or misuse of information.
Relating to the procedures required before a law enforcement agency hires a peace officer.
Remarks:
WATCH: Establishes preemployment procedure of peace officers. Requires officer’s written consent for agency to review information required to be reviewed. Requires agency to review specific information (listed). Requires social media activity to be reviewed. Requires three personal references and at least two professional references. Information submitted to the commission is not confidential. TCOLE to establish by rule the forms and procedures to be used.
Relating to an employment termination report and other records submitted to the Texas Commission on Law Enforcement by a law enforcement agency.
Remarks:
OPPOSE: Changes to F5 reports. Removes honorable, general dishonorable discharge reports and would require the report to only indicate whether the license holder was “suspected of misconduct, regardless of whether the license holder was terminated for misconduct”. “Misconduct” includes a license holder engaging in criminal conduct, regardless of whether the license holder was arrested for, charged with, or convicted of an offense.
Relating to a limitation on the authority to arrest a person for certain misdemeanors punishable by fine only.
Remarks:
OPPOSE: Requires agency to adopt a cite & release policy. Provides a peace officer may not arrest for fine only offense other than for assault, public intoxication or minor alcohol offenses unless the officer believes failure to arrest creates a clear and immediate danger to the offender or public, the failure to arrest will allow a continued breach of the peace, or the offender will not appear in court. NEEDS PROVISION RELATED TO IDENTIFICATION.
Relating to law enforcement policies regarding the issuance of citations for misdemeanors punishable by fine only and to a limitation on the authority to arrest.
Companions:
SB 950 Hinojosa, Chuy(Identical) 3-11-21 S Introduced and referred to committee on Senate Criminal Justice SB 1626 Miles, Borris(Identical) 3-11-21 S Filed
Remarks:
OPPOSE: Statewide cite and release policy. Prohibits arrests for fine only offenses.
Relating to a limitation on the authority to arrest a person for certain misdemeanors.
Remarks:
OPPOSE: Limits arrest for all misdemeanors, not just class C, except for those labeled “violent” or if failure to arrest will allow a continued breach of the peace. Also exception for cases where suspect fails to present “appropriate identification”.
Relating to the duties of peace officers investigating a family violence allegation or responding to a disturbance call that may involve family violence.
Remarks:
OPPOSE: Requires cite & release for other misdemeanor offenses discovered at a family violence scene. Also prohibits arrest for misdemeanor warrants discovered while investigating a family violence incident.
OPPOSE: BAIL/BOND. Requires release on personal bond if person has not been charged or previously convicted of a violent offense unless magistrate finds good cause not to. Requires release on personal bond for misdemeanor. Lowers base felony bond from $10,000 to $5000 JAIL STANDARDS. Requires minimum standards regarding the management of intoxicated prisoners, the prevention of sexual assault, use of force and intoxicated inmates in county jails. TRAFFIC STOPS. Prohibits consent searches based on consent to search unless officer verbally and in writing informs the person of their right to refuse and the person signs an acknowledgement. Provides that officer may not make a stop for an alleged violation of a traffic law or ordinance as a pretext for investigating another penal law. Requires each law enforcement agency adopt a written policy regarding the administration of a motor vehicle stop investigation. Model policy to be developed by Texas A&M Institute for Predictive Analytics in Criminal Justice. Provides peace officer may not: (1) conduct a roadside investigation during a motor vehicle stop for an offense other than the traffic violation without suspicion based on a preponderance of the evidence that the driver has committed the other offense; (2) continue a roadside investigation during a motor vehicle stop into an offense other than the traffic violation after the driver has refused to consent to be searched unless the peace officer has additional suspicion based on a preponderance of the evidence that the driver has committed the other offense; or (3) arrest a driver during a motor vehicle stop for a traffic violation to conduct a search incident to arrest unless the officer has probable cause to believe that the driver has committed an offense more serious than a Class C misdemeanor. RACIAL PROFILING. Reports must be complete and accurate and categorized. Racial profiling reports admissible in a court of law. Racial profiling may be identified through the examination of sufficient and evidence-based data analysis, taking into consideration the context and surroundings of an action initiated by law enforcement. CITE AND RELEASE. Requires cite and release for fine only offense except for offenses under PC 49.02 (Intoxication Offenses), Ch 106 TABC (Minor Alcohol Offenses), or an offense for which the officer reasonably believes is necessary to take the person before a magistrate to prevent a foreseeable injury or altercation. Requires cite a release for all offenses under the Transportation Code that are fine only offenses. CIVIL SERVICE (Chapter 143) Allows CS commission to issue subpoena to compel attendance of any relevant person or party to the investigation including but limited to the officer or party being investigated. POLICE TRAINING. TCOLE shall require an officer to complete a statewide education and training program on tactical communication and implicit bias in BPOC and for intermediate proficiency certificate.
COMPLAINTS, INVESTIGATIONS & CIVIL SERVICE BILL LIST
OPPOSE: Civilian review boards in municipalities over 1 million and counties over 2 million. Limits membership of board. Requires municipal or county attorney to investigate complaints forwarded by board. Allows board to issue subpoenas.
Relating to the appointment by the attorney general of a special prosecutor to prosecute certain offenses that are committed by certain peace officers and that result in serious bodily injury or death.
Relating to municipal civilian complaint review boards in certain municipalities.
Remarks:
OPPOSE: Applies to municipality with a population of 500,000 or more. Establishes a civilian complaint review board in accordance with the provisions of the new chapter. Empowers the board to investigate complaints alleging peace officer misconduct. Board can issue subpoenas. May recommend disciplinary action to the agency.
Relating to acts for which a firefighter or police officer in certain municipalities may be subject to disciplinary procedures.
Remarks:
OPPOSE: Removes provision from civil service that prevents chief from suspending officer for conduct that occurred more than 180 days and changes it to 180 days from discovery. Issue for bargaining or meet and confer.
OPPOSE: Limits meet & confer agreements superceding contrary statutes. Requires complainant information to be disclosed and complainants be notified of appeals. Allows members of the public to independently submit information during appeal hearings.
Relating to eligibility requirements for arbitrators selected to hear certain disciplinary appeals filed by police officers.
Remarks:
OPPOSE: Requires arbitrators in police discipline hearings to be residents and attorneys in Texas. Prohibits meet & confer and bargaining agreements from superseding this law.
Relating to law enforcement agencies and policies and procedures affecting peace officers.
Remarks:
WATCH: Requires each law enforcement agency to report to TCOLE each incident of misconduct by a peace officer. Also requires report to include whether agency terminated or took disciplinary action or permitted the peace officer to retire or resign in lieu of termination. Information in database is accessible by all law enforcement agencies and federal law enforcement agency investigating the incident. Information is confidential and not subject to release under the public information law. Requires TCOLE to issue annual report about the incidents reported. LE Agency not eligible for grants if they fail to report. Requires TCOLE to establish an advisory committee on LE agency credentialing entities. Requires TCOLE to create a model policy on a coordinated response program with mental health professionals.
Relating to the disciplinary suspension of police officers in certain municipalities.
Remarks:
OPPOSE: Makes a number of changes to 180 day rule. Changes timelines to 360 days and 730 days. Limits ability of meet and confer agreement to supersede these provisions.
Relating to the powers and duties of the Texas Commission on Law Enforcement.
Remarks:
OPPOSE: Requires TCOLE to adopt policy on circumstances in which they can conduct investigation of license holder. Authorizes commission to issue subpoenas. New provision requiring the commission to suspend a license if the discharge was in relation to “allegations of criminal misconduct by the officer”. DOES NOT HAVE TO BE SUSTAINED. New provision requiring revocation or suspension if license holder engaged in any improper or unlawful acts in connection with employment as an officer that could result in a miscarriage of justice or discrimination. Grants commission emergency suspension authority in case where commission determines that license holder constitutes a continuing and imminent threat to the public welfare. License can be suspended without notice.
Relating to municipal civil service for fire fighters and police officers.
Remarks:
OPPOSE: Amends Civil Service (143 LGC). Business day means a day that is not a Saturday, Sunday or national holiday. Inserts “calendar” day and “business” day in places where the day is not explicit described. Allows for someone outside the department to be appointed to the position immediately below the chief. Clarifications on notification of decisions. Allows district court to review a commission decision for sufficiency of the evidence. Other technical, substantive changes. Changes to fire fighter promotional requirements. Police two-year service requirement for promotion begins on completion of probationary period. Active duty military time is considered as duty time in the department for purpose of promotion. Not eligible for promotion after a demotion for at least two years. Clarification of payment of unpaid compensation to the legal beneficiary of the employee. New section on cause for removal of police officers. Removal valid if it involves one or more defined acts, at least 25 listed. In cities less than 1.5 million, police officer not entitled to appeal if they accept demotion or suspension up to 90 days or if the chief is demoting a person who was promoted in the last 6 months. Commission shall reject a suspension or demotion and reinstate the officer if chief fails to file a written statement with the commission within 5 business days. Statement must identify each civil service rule alleged to have been violated and describe the alleged acts of the police officer that chief contend are in violation. Not sufficient for the chief to merely refer to the provision of the rules alleged to have been violated. Demotions do not go into effect until after decision of commission. Changes 180 day rule to 360 days. Commission decisions on appeals of not more than 15 days are final and can’t be appealed to district court. Allows suspension or demotion after 360 days for act classified as a felony or Class A or B misdemeanor. Removes arbitration option for police officers. Repeals 45 years of age restriction on hiring.
Relating to a Texas Commission on Law Enforcement database concerning peace officer misconduct.
Remarks:
OPPOSE: Requires law enforcement agency that takes disciplinary action against a peace officer for misconduct to promptly report the misconduct and disciplinary actin to TCOLE for inclusion in a database. Requires TCOLE to establish a database for information on peace officers who have been disciplined for misconduct. TCOLE must make the database accessible to other law enforcement agencies. Requires agencies who are seeking to hire someone to review the information in the database.
Relating to the investigation and prosecution of criminal offenses and to certain recordings created by peace officers during an investigation or other law enforcement activity.
Companions:
SB 380 West, Royce(Identical) 3- 9-21 S Introduced and referred to committee on Senate Jurisprudence
Remarks:
OPPOSE: Major changes to body camera rules and felony criminal penalties for violating body camera policy including deactivating a camera.
Relating to recordings of peace officer performance of official duties and interactions with the public.
Remarks:
OPPOSE: Requires officers to give notice to someone they are recording unless recording is part of a criminal investigation or unsafe to do so. CRIME: Peace officer commits a 3rd degree felony if they alter, destroys, or conceals other person’s audio visual, or photographic recording of a peace officer performing their duties. Creates a defense to Interference with Public Duties if the actor was only filming, recording, photographing, documenting, or observing a peace officer unless the person failed to obey a lawful order to change proximity or position.
Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law.
Companions:
SB 975 West, Royce(Identical) 3-11-21 S Introduced and referred to committee on Senate Jurisprudence
Remarks:
OPPOSED: Allows release of allegations of misconduct under civil service (143.089) if the incident involves use of force causing death or incapacitation. Requires release of video in critical incidents within 60 days of the incident with exceptions. Amends 143.089g to protect only the information related to an officers address, phone number, SS#, financial information, or information about officers family. Adds 143.089(h) to require releases information related to sustained finding of misconduct.
Relating to the retention of and the required disclosure under the public information law of certain complaints alleging official oppression.
Remarks:
OPPOSE: Limited to Houston, but requires complaints alleging official oppression to be kept for 5 years and released to the public even if not substantiated. Amends both civil service, bargaining, and Chapter 614 statutes.
Relating to the powers and duties of the Texas Commission on Law Enforcement and law enforcement agencies regarding law enforcement officers and the use of body cameras.
Companions:
SB 1472 Eckhardt, Sarah (F)(Identical) 3-10-21 S Filed
Remarks:
OPPOSE: TCOLE to require a $80 fee for peace officer license. $25 fee for other licenses. Requires TCOLE to develop a model policy on use of force. The model policy must: (1) be designed to minimize the number and severity of incidents in which peace officers use force and include an emphasis on conflict de-escalation and the use of force in a manner proportionate to the threat posed and to the seriousness of the alleged offense; and (2) be consistent with the guiding principles on the use of force issued by the Police Executive Research Forum. Creates a new provision that allow TCOLE to establish certain ground for discipline of peace officers under under which the commission shall suspend or revoke a peace officer license on a determination by the commission that the license holder’s continued performance of duties as a peace officer constitutes a threat to the public welfare. Removes provision that entitles officer to review body camera video before the officer is required to make a statement. Requires departments to permit a person depicted in a video to see the video and removes provision that requires the viewing to further a law enforcement purpose and prohibits the viewer from recording or duplicating the audio or video from the recording.
Relating to disclosure under the public information law of video evidence of a crime that resulted in the death of a person to the deceased person’s next of kin.
Remarks:
WATCH: The disclosure of video evidence of a crime that resulted in the death of a person to the deceased person’s next of kin, as defined by Section 552.1085, is not a voluntary disclosure of information for purposes of Section 552.007(b) and does not waive the right to assert in the future that the information is excepted from required disclosure under this chapter.
Relating to the retention of and the required disclosure under the public information law of certain complaints alleging official oppression.
Remarks:
OPPOSE: Amends Civil Service (143 LGC) – Requires complaints alleging official oppression to be retained for 5 years after police officers employment ends and allows them to be released via open records requests. Includes unsubstantiated complaints.
Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law.
Remarks:
OPPOSE: Requires AG to establish and maintain a publicly accessible database of reports of peace officer involved injuries or deaths and injuries or deaths of peace officers. Requires DPS to release any force report, incident report, extraordinary occurrence report, emergency action report, Taser use report, or other report made by an officer concerning the use of force or firearms by the officer or witnessed by the other and also fleet accident reports causing physical or property damage. Amends public information law to requires public release of video recordings related to a critical incident within 60 days of a critical incident. Allows delay and redaction in some circumstances.
Relating to the release of recordings made by peace officers using body worn cameras.
Remarks:
OPPOSE: Any portion of a recording made in a private space is confidential and excepted from the requirements of the public information law. ALL OTHER RECORDINGS ARE OPEN RECORDS.Repeals Sections 1701.660(a-1), (b), and (c);A law enforcement agency may permit a person who is depicted in a recording of an incident described by Subsection (a) or, if the person is deceased, the person’s authorized representative, to view the recording, provided that the law enforcement agency determines that the viewing furthers a law enforcement purpose and provided that any authorized representative who is permitted to view the recording was not a witness to the incident. A person viewing a recording may not duplicate the recording or capture video or audio from the recording. A permitted viewing of a recording under this subsection is not considered to be a release of public information for purposes of Chapter 552, Government Code. (b) A law enforcement agency may release to the public a recording described by Subsection (a) if the law enforcement agency determines that the release furthers a law enforcement purpose. (c) This section does not affect the authority of a law enforcement agency to withhold under Section 552.108, Government Code, information related to a closed criminal investigation that did not result in a conviction or a grant of deferred adjudication community supervision.Repeals Sections 1701.661(c), (d), and (h).(c) Except as provided by Subsection (d), information recorded by a body worn camera and held by a law enforcement agency under this subchapter is not subject to the requirements of Section 552.021, Government Code.(d) Information that is or could be used as evidence in a criminal prosecution is subject to the requirements of Section 552.021, Government Code.(h) A recording is confidential and excepted from the requirements of Chapter 552, Government Code, if the recording: (1) was not required to be made under this subchapter or another law or under a policy adopted by the appropriate law enforcement agency; and (2) does not relate to a law enforcement purpose.
Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law.
Remarks:
OPPOSE: Amends public information law to allow the release of information about a criminal investigation and basic information contained in a search warrant, testimony, an affidavit, or other information used to support a finding of probable cause to execute a search warrant, an arrest warrant, report, and incident report, a mug shot, report relating to an officer-involved shooting, or an incident involving the discharge of a firearm by a peace officer, a report relating to a peace officer’s use of force resulting in death or serious bodily injury or a report related to the death or serious bodily injury of an arrestee or detainee while the person is in custody of a law enforcement agency. Allows release of information on officer personnel file under 143.089 if the information relates to a person who is deceased or incapacitated or consents to the release. Information released to a family member of a deceased or incapacitated person is not considered to voluntarily made that information available to the public and does not waive the ability of the governmental body to assert in the future that information is excepted. Amends 143.089 LGC to provide that a “g” file contains sensitive personal information and lists that information and protects that information from release. Information related to a police officer’s alleged misconduct can be released. Requires the release of law enforcement disciplinary record information that resulted in a sustained finding of misconduct.
OPPOSED: Allows release of allegations of misconduct under civil service (143.089) if the incident involves use of force causing death or incapacitation. Requires release of video in critical incidents within 60 days of the incident with exceptions. Amends 143.089g to protect only the information related to an officers address, phone number, SS#, financial information, or information about officers family. Adds 143.089(h) to require releases information related to sustained finding of misconduct.
Relating to prohibiting the use of certain techniques when using force to make an arrest or search.
Companions:
HB 831 Thompson, Senfronia(Identical) 3- 1-21 H Introduced and referred to committee on House Homeland Security and Public Safety
Remarks:
OPPOSE: Prohibits the use of force or deadly force against a person via neck restraint or impedes the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth. Does NOT have an exception if cases officer is in fear of their own life.
Relating to prohibiting the use of certain techniques when using force to make an arrest or search.
Companions:
HB 418 Sherman, Carl(Identical) 2-25-21 H Introduced and referred to committee on House Homeland Security and Public Safety HB 1784 Thierry, Shawn(Identical) 3-10-21 H Introduced and referred to committee on House Homeland Security and Public Safety SB 69 Miles, Borris(Identical) 3- 3-21 S Introduced and referred to committee on Senate Jurisprudence
Remarks:
OPPOSE: Prohibits use of force force or deadly force is used in a manner that impedes the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat, neck, or torso or by blocking the person’s nose or mouth.
Relating to law enforcement policies regarding de-escalation and proportionate response.
Remarks:
OPPOSE: Requires each law enforcement agency to develop a policy regarding use of force by peace officers that emphasizes the use of conflict de-escalation techniques and authorizes force to be used only after attempts to de-escalate a situation have failed.
Relating to official oppression and to law enforcement policies requiring peace officers to report certain peace officer misconduct.
Remarks:
OPPOSE: Requires each department adopt a policy on excessive force and official oppression. Requires departments to provide training. Amends 39.03 PC to change culpable mental state from “intentionally” to “intentionally, knowingly, or recklessly”. Creates a new offense for failure to make or deliver report of certain peace officer misconduct.
Relating to requiring law enforcement agencies to adopt policies prohibiting a peace officer from discharging a firearm at or in the direction of a moving vehicle.
Remarks:
OPPOSE: Limits use of force against a moving vehicle. Problems: 1) How does officer know for sure how many people are in the vehicle. 2) Changes use of force standard from “objectively reasonable” to “last resort”
Relating to the use of deadly force to make an arrest.
Remarks:
OPPOSE: Amends 9.51 PC to provide that the justified use of deadly force when the peace officer believes the force is immediately necessary to make an arrest or prevent escape after arrest would be authorized if the person arrested or attempting to escape after the arrest possesses a deadly weapon.
Relating to prohibiting a peace officer from using less lethal devices to control the activity or movement of a nonviolent gathering of persons or disperse persons engaging in protected speech or expressive conduct.
Remarks:
OPPOSE: Prohibits use of less lethal force devices for crowd control or dispersal.
Relating to increasing the criminal penalty prescribed for certain acts of official oppression.
Remarks:
OPPOSE: Bodily injury would be a 2nd degree felony under Official Oppression statute. (Bodily Injury means physical pain, illness, or any impairment of physical condition)
Relating to law enforcement policies prohibiting a peace officer from using a chemical device against a minor.
Remarks:
OPPOSE: Amends CCP to require a LE agency to adopt a policy prohibiting a peace officer from using a chemical device against a person younger than 18 years of age.
Relating to the use of force by peace officers and other officer interactions and duties.
Remarks:
WATCH: Requires TCOLE to develop and each agency to adopt and implement a model policy on use of force and officer interactions. Policy must follow 13 listed requirements, restrictions on use of force and interactions. Imposes certain duties of peace officer performing welfare checks. Requires TCOLE to consult with organizations representing law enforcement officers when developing the model policy.
OPPOSED: Limits ability to conduct consent searches or seize evidence unless specific rules are followed. A body camera or dashcam malfunction could result in evidence being thrown out.
Relating to requiring law enforcement agencies to adopt a policy regarding the discharge of a firearm by a peace officer at or in the direction of a moving vehicle.
Companions:
SB 72 Miles, Borris(Identical) 3- 3-21 S Introduced and referred to committee on Senate Jurisprudence
Remarks:
WATCH: Requires departments to adopt a policy on discharge of firearm at moving vehicle.
OPPOSE: Amends 2.13 CCP and changes duty to arrest from “shall” to “may”. Repeals 2.14 and 2.15 provisions on summoning aid and requirement to act when summoned.
Relating to a prohibition on the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.
Companions:
HB 1272 Crockett, Jasmine (F)(Identical) 3- 4-21 H Introduced and referred to committee on House Criminal Jurisprudence HB 2009 Reynolds, Ron(Identical) 3-15-21 H Introduced and referred to committee on House Criminal Jurisprudence HB 4464 Deshotel, Joe(Identical) 3-12-21 H Filed SB 175 Miles, Borris(Identical) 3- 3-21 S Introduced and referred to committee on Senate Criminal Justice
Remarks:
OPPOSE: Prohibits “no-knock” warrants in all cases.
Relating to the administration and deployment of special weapons and tactics teams.
Remarks:
OPPOSE: Amends TCOLE to establish rules for SWAT Teams. May not have a SWAT Team unless all members are equipped with BWC and agency has a policy to ensure they are activated. A law enforcement agency shall adopt a policy designed to limit the deployment of SWAT to situations involving imminent threat of serious bodily injury. Decision to deploy must be based on evidence indicating an imminent threat and whether conditions are such that the suspect cannot be reasonably apprehended using routine methods. Provides that the existence of a legally owned firearm in the home of an individual does not in itself constitute evidence of an imminent threat. Captain or above must approve use of SWAT for a planned warrant service. Requires specific reports for SWAT. TCOLE to develop training curriculum for certification as a SWAT Team member, continuing education and in-service training requirements, and forms for use by law enforcement, Person who suffers serious bodily injury or immediate family member is entitled to receive a copy of any video or audio recording made by the team.
Relating to certain duties of law enforcement agencies concerning certain information subject to disclosure to a defendant.
Companions:
SB 111 West, Royce(Identical) 3- 3-21 S Introduced and referred to committee on Senate Criminal Justice
Remarks:
WATCH: Requires a statement from a law enforcement agency to DA that all documents, items, and information in possession of the agency required to be disclosed under the Michael Morton Act (39.14 CCP) have been transmitted to the DA. CONCERN: Information related to police misconduct or the credibility of a peace officer who is a witness in the case is based only on sustained allegations of misconduct. So called “Brady Lists” that include peace officers who are labeled as not credible based on allegations alone and without due process should not be included.
Relating to the charging instrument in the prosecution of the offense of resisting arrest.
Remarks:
OPPOSE: Would provide a avenue for a resisting arrest or search case to be dismissed if the underlying charge was not valid. In many cases, officers detain and search based on reasonable suspicion that a crime is about to be committed. Officer can conduct a “Terry” search without probable cause to arrest.
Relating to law enforcement policies prohibiting a peace officer from using less lethal projectiles for the purpose of controlling the activity or movement of a gathering of people.
Remarks:
OPPOSED: Prohibits option to use less lethal projectiles in response to rioters.
Relating to motorcycle profiling by peace officers.
Companions:
SB 2141 Blanco, Cesar (F)(Identical) 3-12-21 S Filed
Remarks:
OPPOSE: Defines motorcycle profiling as a a law enforcement-initiated action based, in whole or in part, on an individual operating a motorcycle or wearing motorcycle-related or motorcycle club-related paraphernalia rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity. Prohibits a peace officer from engaging in motorcycle profiling. Creates a cause of action for an officer to be sued for motorcycle profiling. Waives sovereign and qualified immunity.
Relating to the creation of the criminal offense of a peace officer making a false statement in an incident report.
Remarks:
OPPOSE: Would create an offense if a peace officer files a false report. But also officer could be charged if they simply make a misstatement of facts in a offense report.
Relating to prohibiting the physical restraint of certain public school students by peace officers and school security personnel under certain circumstances.
Remarks:
OPPOSE: Provides that a peace officer performing law enforcement duties or school security personnel performing security-related duties on school property or at a school-sponsored or school-related activity may not restrain a student 10 years of age or younger unless the student poses a serious risk of harm to the student or another person.
WATCH: Defines no-knock warrant in CCP. Provides that only district judge can issue a no-knock entry warrant. Requires law enforcement agency intending to execute the warrant must give 24-hour notice tot he judge issuing the warrant and supervisor must confirm that the illegal activity alleged in the complaint is ongoing or has taken place in the preceding 24-hour period. Does not apply if accused is alleged to have committed felony that is causing or attempting to cause serious bodily injury or to offenses of Agg Kidnapping, Trafficking of Persons, or Agg Robbery.
TCOLE SUNSET – WATCH/OPPOSE CERTAIN PROVISIONS: Extends TCOLE to 9/1/23. New section that allows TCOLE to appoint advisory committees. New section to allow TCOLE to issue subpoenas. New section that allows TCOLE to adopt rules specifying the circumstances where they can require a license holder to submit to an examination by a psychologist. May suspend license for failure to comply. May conceal the identity of a nontestifying complainant. Removes “jursidictional” limitation on complaints and would allow TCOLE to investigate any complaint. (OPPOSE) New section that allows for emergency suspension of a license when commission believes a license holder is an imminent threat to the public health, safety or welfare. No definition of what that is. (OPPOSE) TCOLE can prescribe procedures for the determination and appeal of an emergency order and allows TCOLE to modify or set aside a decision issued by SOAH. (OPPOSE) Creates a “panel” to review law enforcement regulation.
Relating to continuing education for and regular implicit bias testing of peace officers.
Remarks:
WATCH: Requires person applying for a peace officer license to undergo implicit bias testing. Requires civil rights, racial sensitivity and cultural diversity, de-escalation, ethics and implicit bias training every 12 months.
Relating to law enforcement policies prohibiting a peace officer from making a motor vehicle stop on the shoulder of certain highways.
Remarks:
OPPOSE: Requires each agency to adopt a policy that prohibits peace officer from making a motor vehicle stop on the shoulder of a controlled access highway.
Relating to the model training curriculum and required training for school district peace officers and school resource officers, including the establishment of a grant program to assist officers in completing the training.
Remarks:
WATCH: Requires memorandum of understanding between a LE agency providing a school resource officer to include the scope of a peace officer’s authority to use force against a civilian. Requires officer to complete school resource officer training before the district peace officer is commissioned or before the school resource officer begins providing law enforcement at the district. Grant funding for school resource and district officer training. Requires TCOLE training for all officers on gang mentality, implicit bias and juvenile law and procedure. Increases school district peace officer training to 30 hours from 16.
Relating to the training and hiring of peace officers.
Remarks:
WATCH: Basic peace officer course must be at least 720 hours. Requires TCOLE to develop and maintain a model training curriculum and model policies for peace officers who conduct field training. Requires TCOLE to specify mandated training topics for each in service training cycle. Requires TCOLE to develop a state model policy for the preemployment investigation of persons licensed.
