S.B. No. 1849         AN ACT   relating to interactions between law enforcement and individuals   detained or arrested on suspicion of the commission of criminal   offenses, to the confinement, conviction, or release of those   individuals, and to grants supporting populations that are more   likely to interact frequently with law enforcement.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  SHORT TITLE          SECTION 1.01.  SHORT TITLE.  This Act shall be known as the   Sandra Bland Act, in memory of Sandra Bland.   ARTICLE 2.  IDENTIFICATION AND DIVERSION OF AND SERVICES FOR   PERSONS SUSPECTED OF HAVING A MENTAL ILLNESS, AN INTELLECTUAL   DISABILITY, OR A SUBSTANCE ABUSE ISSUE          SECTION 2.01.  Article 16.22, Code of Criminal Procedure, is   amended to read as follows:          Art. 16.22.  EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF   HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL   RETARDATION].  (a)(1)  Not later than 12 [72] hours after receiving   credible information that may establish reasonable cause to believe   that a defendant committed to the sheriff's custody has a mental   illness or is a person with an intellectual disability [mental   retardation], including observation of the defendant's behavior   immediately before, during, and after the defendant's arrest and   the results of any previous assessment of the defendant, the   sheriff shall provide written or electronic notice of the   information to the magistrate. On a determination that there is   reasonable cause to believe that the defendant has a mental illness   or is a person with an intellectual disability [mental   retardation], the magistrate, except as provided by Subdivision   (2), shall order the local mental health or intellectual and   developmental disability [mental retardation] authority or another   qualified mental health or intellectual disability [mental   retardation] expert to:                      (A)  collect information regarding whether the   defendant has a mental illness as defined by Section 571.003,   Health and Safety Code, or is a person with an intellectual   disability [mental retardation] as defined by Section 591.003,   Health and Safety Code, including information obtained from any   previous assessment of the defendant; and                      (B)  provide to the magistrate a written   assessment of the information collected under Paragraph (A).                (2)  The magistrate is not required to order the   collection of information under Subdivision (1) if the defendant in   the year preceding the defendant's applicable date of arrest has   been determined to have a mental illness or to be a person with an   intellectual disability [mental retardation] by the local mental   health or intellectual and developmental disability [mental   retardation] authority or another mental health or intellectual   disability [mental retardation] expert described by Subdivision   (1).  A court that elects to use the results of that previous   determination may proceed under Subsection (c).                (3)  If the defendant fails or refuses to submit to the   collection of information regarding the defendant as required under   Subdivision (1), the magistrate may order the defendant to submit   to an examination in a mental health facility determined to be   appropriate by the local mental health or intellectual and   developmental disability [mental retardation] authority for a   reasonable period not to exceed 21 days.  The magistrate may order a   defendant to a facility operated by the Department of State Health   Services or the Health and Human Services Commission [Department of   Aging and Disability Services] for examination only on request of   the local mental health or intellectual and developmental   disability [mental retardation] authority and with the consent of   the head of the facility.  If a defendant who has been ordered to a   facility operated by the Department of State Health Services or the   Health and Human Services Commission [Department of Aging and   Disability Services] for examination remains in the facility for a   period exceeding 21 days, the head of that facility shall cause the   defendant to be immediately transported to the committing court and   placed in the custody of the sheriff of the county in which the   committing court is located.  That county shall reimburse the   facility for the mileage and per diem expenses of the personnel   required to transport the defendant calculated in accordance with   the state travel regulations in effect at the time.          (b)  A written assessment of the information collected under   Subsection (a)(1)(A) shall be provided to the magistrate not later   than the 30th day after the date of any order issued under   Subsection (a) in a felony case and not later than the 10th day   after the date of any order issued under that subsection in a   misdemeanor case, and the magistrate shall provide copies of the   written assessment to the defense counsel, the prosecuting   attorney, and the trial court.  The written assessment must include   a description of the procedures used in the collection of   information under Subsection (a)(1)(A) and the applicable expert's   observations and findings pertaining to:                (1)  whether the defendant is a person who has a mental   illness or is a person with an intellectual disability [mental   retardation];                (2)  whether there is clinical evidence to support a   belief that the defendant may be incompetent to stand trial and   should undergo a complete competency examination under Subchapter   B, Chapter 46B; and                (3)  recommended treatment.          (c)  After the trial court receives the applicable expert's   written assessment relating to the defendant under Subsection (b)   or elects to use the results of a previous determination as   described by Subsection (a)(2), the trial court may, as applicable:                (1)  resume criminal proceedings against the   defendant, including any appropriate proceedings related to the   defendant's release on personal bond under Article 17.032;                (2)  resume or initiate competency proceedings, if   required, as provided by Chapter 46B or other proceedings affecting   the defendant's receipt of appropriate court-ordered mental health   or intellectual disability [mental retardation] services,   including proceedings related to the defendant's receipt of   outpatient mental health services under Section 574.034, Health and   Safety Code; or                (3)  consider the written assessment during the   punishment phase after a conviction of the offense for which the   defendant was arrested, as part of a presentence investigation   report, or in connection with the impositions of conditions   following placement on community supervision, including deferred   adjudication community supervision.          (d)  This article does not prevent the applicable court from,   before, during, or after the collection of information regarding   the defendant as described by this article:                (1)  releasing a defendant who has a mental illness   [mentally ill] or is a person with an intellectual disability   [mentally retarded defendant] from custody on personal or surety   bond; or                (2)  ordering an examination regarding the defendant's   competency to stand trial.          SECTION 2.02.  Chapter 16, Code of Criminal Procedure, is   amended by adding Article 16.23 to read as follows:          Art. 16.23.  DIVERSION OF PERSONS SUFFERING MENTAL HEALTH   CRISIS OR SUBSTANCE ABUSE ISSUE. (a)  Each law enforcement agency   shall make a good faith effort to divert a person suffering a mental   health crisis or suffering from the effects of substance abuse to a   proper treatment center in the agency's jurisdiction if:                (1)  there is an available and appropriate treatment   center in the agency's jurisdiction to which the agency may divert   the person;                (2)  it is reasonable to divert the person;                (3)  the offense that the person is accused of is a   misdemeanor, other than a misdemeanor involving violence; and                (4)  the mental health crisis or substance abuse issue   is suspected to be the reason the person committed the alleged   offense.          (b)  Subsection (a) does not apply to a person who is accused   of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065,   49.07, or 49.08, Penal Code.          SECTION 2.03.  Section 539.002, Government Code, is amended   to read as follows:          Sec. 539.002.  GRANTS FOR ESTABLISHMENT AND EXPANSION OF   COMMUNITY COLLABORATIVES. (a)  To the extent funds are   appropriated to the department for that purpose, the department   shall make grants to entities, including local governmental   entities, nonprofit community organizations, and faith-based   community organizations, to establish or expand community   collaboratives that bring the public and private sectors together   to provide services to persons experiencing homelessness,   substance abuse issues, or [and] mental illness.  [The department   may make a maximum of five grants, which must be made in the most   populous municipalities in this state that are located in counties   with a population of more than one million.]  In awarding grants,   the department shall give special consideration to entities:                (1)  establishing [a] new collaboratives; or                (2)  establishing or expanding collaboratives that   serve two or more counties, each with a population of less than   100,000 [collaborative].          (b)  The department shall require each entity awarded a grant   under this section to:                (1)  leverage additional funding from private sources   in an amount that is at least equal to the amount of the grant   awarded under this section; [and]                (2)  provide evidence of significant coordination and   collaboration between the entity, local mental health authorities,   municipalities, local law enforcement agencies, and other   community stakeholders in establishing or expanding a community   collaborative funded by a grant awarded under this section; and                (3)  provide evidence of a local law enforcement policy   to divert appropriate persons from jails or other detention   facilities to an entity affiliated with a community collaborative   for the purpose of providing services to those persons.          SECTION 2.04.  Chapter 539, Government Code, is amended by   adding Section 539.0051 to read as follows:          Sec. 539.0051.  PLAN REQUIRED FOR CERTAIN COMMUNITY   COLLABORATIVES. (a)  The governing body of a county shall develop   and make public a plan detailing:                (1)  how local mental health authorities,   municipalities, local law enforcement agencies, and other   community stakeholders in the county could coordinate to establish   or expand a community collaborative to accomplish the goals of   Section 539.002;                (2)  how entities in the county may leverage funding   from private sources to accomplish the goals of Section 539.002   through the formation or expansion of a community collaborative;   and                (3)  how the formation or expansion of a community   collaborative could establish or support resources or services to   help local law enforcement agencies to divert persons who have been   arrested to appropriate mental health care or substance abuse   treatment.          (b)  The governing body of a county in which an entity that   received a grant under Section 539.002 before September 1, 2017, is   located is not required to develop a plan under Subsection (a).          (c)  Two or more counties, each with a population of less   than 100,000, may form a joint plan under Subsection (a).   ARTICLE 3.  BAIL, PRETRIAL RELEASE, AND COUNTY JAIL STANDARDS          SECTION 3.01.  The heading to Article 17.032, Code of   Criminal Procedure, is amended to read as follows:          Art. 17.032.  RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY   ILL] DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY.          SECTION 3.02.  Articles 17.032(b) and (c), Code of Criminal   Procedure, are amended to read as follows:          (b)  A magistrate shall release a defendant on personal bond   unless good cause is shown otherwise if the:                (1)  defendant is not charged with and has not been   previously convicted of a violent offense;                (2)  defendant is examined by the local mental health   or intellectual and developmental disability [mental retardation]   authority or another mental health expert under Article 16.22 [of   this code];                (3)  applicable expert, in a written assessment   submitted to the magistrate under Article 16.22:                      (A)  concludes that the defendant has a mental   illness or is a person with an intellectual disability [mental   retardation] and is nonetheless competent to stand trial; and                      (B)  recommends mental health treatment or   intellectual disability treatment for the defendant, as   applicable; and                (4)  magistrate determines, in consultation with the   local mental health or intellectual and developmental disability   [mental retardation] authority, that appropriate community-based   mental health or intellectual disability [mental retardation]   services for the defendant are available through the [Texas]   Department of State [Mental] Health Services [and Mental   Retardation] under Section 534.053, Health and Safety Code, or   through another mental health or intellectual disability [mental   retardation] services provider.          (c)  The magistrate, unless good cause is shown for not   requiring treatment, shall require as a condition of release on   personal bond under this article that the defendant submit to   outpatient or inpatient mental health or intellectual disability   [mental retardation] treatment as recommended by the local mental   health or intellectual and developmental disability [mental   retardation] authority if the defendant's:                (1)  mental illness or intellectual disability [mental   retardation] is chronic in nature; or                (2)  ability to function independently will continue to   deteriorate if the defendant is not treated.          SECTION 3.03.  Article 25.03, Code of Criminal Procedure, is   amended to read as follows:          Art. 25.03.  IF ON BAIL IN FELONY. When the accused, in case   of felony, is on bail at the time the indictment is presented, [it   is not necessary to serve him with a copy, but] the clerk shall [on   request] deliver a copy of the indictment [same] to the accused or   the accused's [his] counsel[,] at the earliest possible time.          SECTION 3.04.  Article 25.04, Code of Criminal Procedure, is   amended to read as follows:          Art. 25.04.  IN MISDEMEANOR. In misdemeanors, the clerk   shall deliver a copy of the indictment or information to the accused   or the accused's counsel at the earliest possible time before trial   [it shall not be necessary before trial to furnish the accused with   a copy of the indictment or information; but he or his counsel may   demand a copy, which shall be given as early as possible].          SECTION 3.05.  Section 511.009(a), Government Code, as   amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B.   634), Acts of the 84th Legislature, Regular Session, 2015, is   reenacted and amended to read as follows:          (a)  The commission shall:                (1)  adopt reasonable rules and procedures   establishing minimum standards for the construction, equipment,   maintenance, and operation of county jails;                (2)  adopt reasonable rules and procedures   establishing minimum standards for the custody, care, and treatment   of prisoners;                (3)  adopt reasonable rules establishing minimum   standards for the number of jail supervisory personnel and for   programs and services to meet the needs of prisoners;                (4)  adopt reasonable rules and procedures   establishing minimum requirements for programs of rehabilitation,   education, and recreation in county jails;                (5)  revise, amend, or change rules and procedures if   necessary;                (6)  provide to local government officials   consultation on and technical assistance for county jails;                (7)  review and comment on plans for the construction   and major modification or renovation of county jails;                (8)  require that the sheriff and commissioners of each   county submit to the commission, on a form prescribed by the   commission, an annual report on the conditions in each county jail   within their jurisdiction, including all information necessary to   determine compliance with state law, commission orders, and the   rules adopted under this chapter;                (9)  review the reports submitted under Subdivision (8)   and require commission employees to inspect county jails regularly   to ensure compliance with state law, commission orders, and rules   and procedures adopted under this chapter;                (10)  adopt a classification system to assist sheriffs   and judges in determining which defendants are low-risk and   consequently suitable participants in a county jail work release   program under Article 42.034, Code of Criminal Procedure;                (11)  adopt rules relating to requirements for   segregation of classes of inmates and to capacities for county   jails;                (12)  require that the chief jailer of each municipal   lockup submit to the commission, on a form prescribed by the   commission, an annual report of persons under 17 years of age   securely detained in the lockup, including all information   necessary to determine compliance with state law concerning secure   confinement of children in municipal lockups;                (13)  at least annually determine whether each county   jail is in compliance with the rules and procedures adopted under   this chapter;                (14)  require that the sheriff and commissioners court   of each county submit to the commission, on a form prescribed by the   commission, an annual report of persons under 17 years of age   securely detained in the county jail, including all information   necessary to determine compliance with state law concerning secure   confinement of children in county jails;                (15)  schedule announced and unannounced inspections   of jails under the commission's jurisdiction using the risk   assessment plan established under Section 511.0085 to guide the   inspections process;                (16)  adopt a policy for gathering and distributing to   jails under the commission's jurisdiction information regarding:                      (A)  common issues concerning jail   administration;                      (B)  examples of successful strategies for   maintaining compliance with state law and the rules, standards, and   procedures of the commission; and                      (C)  solutions to operational challenges for   jails;                (17)  report to the Texas Correctional Office on   Offenders with Medical or Mental Impairments on a jail's compliance   with Article 16.22, Code of Criminal Procedure;                (18)  adopt reasonable rules and procedures   establishing minimum requirements for jails to:                      (A)  determine if a prisoner is pregnant; and                      (B)  ensure that the jail's health services plan   addresses medical and mental health care, including nutritional   requirements, and any special housing or work assignment needs for   persons who are confined in the jail and are known or determined to   be pregnant;                (19)  provide guidelines to sheriffs regarding   contracts between a sheriff and another entity for the provision of   food services to or the operation of a commissary in a jail under   the commission's jurisdiction, including specific provisions   regarding conflicts of interest and avoiding the appearance of   impropriety; [and]                (20)  adopt reasonable rules and procedures   establishing minimum standards for prisoner visitation that   provide each prisoner at a county jail with a minimum of two   in-person, noncontact visitation periods per week of at least 20   minutes duration each;                (21) [(20)]  require the sheriff of each county to:                      (A)  investigate and verify the veteran status of   each prisoner by using data made available from the Veterans   Reentry Search Service (VRSS) operated by the United States   Department of Veterans Affairs or a similar service; and                      (B)  use the data described by Paragraph (A) to   assist prisoners who are veterans in applying for federal benefits   or compensation for which the prisoners may be eligible under a   program administered by the United States Department of Veterans   Affairs;                (22) [(20)]  adopt reasonable rules and procedures   regarding visitation of a prisoner at a county jail by a guardian,   as defined by Section 1002.012, Estates Code, that:                      (A)  allow visitation by a guardian to the same   extent as the prisoner's next of kin, including placing the   guardian on the prisoner's approved visitors list on the guardian's   request and providing the guardian access to the prisoner during a   facility's standard visitation hours if the prisoner is otherwise   eligible to receive visitors; and                      (B)  require the guardian to provide the sheriff   with letters of guardianship issued as provided by Section   1106.001, Estates Code, before being allowed to visit the prisoner;   and                (23)  adopt reasonable rules and procedures to ensure   the safety of prisoners, including rules and procedures that   require a county jail to:                      (A)  give prisoners the ability to access a mental   health professional at the jail through a telemental health service   24 hours a day;                      (B)  give prisoners the ability to access a health   professional at the jail or through a telehealth service 24 hours a   day or, if a health professional is unavailable at the jail or   through a telehealth service, provide for a prisoner to be   transported to access a health professional; and                      (C)  if funding is available under Section   511.019, install automated electronic sensors or cameras to ensure   accurate and timely in-person checks of cells or groups of cells   confining at-risk individuals.          SECTION 3.06.  Section 511.009, Government Code, is amended   by adding Subsection (d) to read as follows:          (d)  The commission shall adopt reasonable rules and   procedures establishing minimum standards regarding the continuity   of prescription medications for the care and treatment of   prisoners. The rules and procedures shall require that a qualified   medical professional shall review as soon as possible any   prescription medication a prisoner is taking when the prisoner is   taken into custody.          SECTION 3.07.  Chapter 511, Government Code, is amended by   adding Sections 511.019, 511.020, and 511.021 to read as follows:          Sec. 511.019.  PRISONER SAFETY FUND. (a)  The prisoner   safety fund is a dedicated account in the general revenue fund.          (b)  The prisoner safety fund consists of:                (1)  appropriations of money to the fund by the   legislature; and                (2)  gifts, grants, including grants from the federal   government, and other donations received for the fund.          (c)  Money in the fund may be appropriated only to the   commission to pay for capital improvements that are required under   Section 511.009(a)(23).          (d)  The commission by rule may establish a grant program to   provide grants to counties to fund capital improvements described   by Subsection (c). The commission may only provide a grant to a   county for capital improvements to a county jail with a capacity of   not more than 96 prisoners.          Sec. 511.020.  SERIOUS INCIDENTS REPORT. (a)  On or before   the fifth day of each month, the sheriff of each county shall report   to the commission regarding the occurrence during the preceding   month of any of the following incidents involving a prisoner in the   county jail:                (1)  a suicide;                (2)  an attempted suicide;                (3)  a death;                (4)  a serious bodily injury, as that term is defined by   Section 1.07, Penal Code;                (5)  an assault;                (6)  an escape;                (7)  a sexual assault; and                (8)  any use of force resulting in bodily injury, as   that term is defined by Section 1.07, Penal Code.          (b)  The commission shall prescribe a form for the report   required by Subsection (a).          (c)  The information required to be reported under   Subsection (a)(8) may not include the name or other identifying   information of a county jailer or jail employee.          (d)  The information reported under Subsection (a) is public   information subject to an open records request under Chapter 552.          Sec. 511.021.  INDEPENDENT INVESTIGATION OF DEATH OCCURRING   IN COUNTY JAIL. (a)  On the death of a prisoner in a county jail,   the commission shall appoint a law enforcement agency, other than   the local law enforcement agency that operates the county jail, to   investigate the death as soon as possible.          (b)  The commission shall adopt any rules necessary relating   to the appointment of a law enforcement agency under Subsection   (a), including rules relating to cooperation between law   enforcement agencies and to procedures for handling evidence.          SECTION 3.08.  The changes in law made by this article to   Article 17.032, Code of Criminal Procedure, apply only to a   personal bond that is executed on or after the effective date of   this Act. A personal bond executed before the effective date of   this Act is governed by the law in effect when the personal bond was   executed, and the former law is continued in effect for that   purpose.          SECTION 3.09.  Not later than January 1, 2018, the   Commission on Jail Standards shall:                (1)  adopt the rules and procedures required by Section   511.009(d), Government Code, as added by this article, and the   rules required by Section 511.021(b), Government Code, as added by   this article; and                (2)  prescribe the form required by Section 511.020(b),   Government Code, as added by this article.          SECTION 3.10.  Not later than September 1, 2018, the   Commission on Jail Standards shall adopt the rules and procedures   required by Section 511.009(a)(23), Government Code, as added by   this article.  On and after September 1, 2020, a county jail shall   comply with any rule or procedure adopted by the Commission on Jail   Standards under that subdivision.          SECTION 3.11.  To the extent of any conflict, this Act   prevails over another Act of the 85th Legislature, Regular Session,   2017, relating to nonsubstantive additions to and corrections in   enacted codes.   ARTICLE 4. PEACE OFFICER AND COUNTY JAILER TRAINING          SECTION 4.01.  Chapter 511, Government Code, is amended by   adding Section 511.00905 to read as follows:          Sec. 511.00905.  JAIL ADMINISTRATOR POSITION; EXAMINATION   REQUIRED. (a)  The Texas Commission on Law Enforcement shall   develop and the commission shall approve an examination for a   person assigned to the jail administrator position overseeing a   county jail.          (b)  The commission shall adopt rules requiring a person,   other than a sheriff, assigned to the jail administrator position   overseeing a county jail to pass the examination not later than the   180th day after the date the person is assigned to that position.     The rules must provide that a person who fails the examination may   be immediately removed from the position and may not be reinstated   until the person passes the examination.          (c)  The sheriff of a county shall perform the duties of the   jail administrator position at any time there is not a person   available who satisfies the examination requirements of this   section.          (d)  A person other than a sheriff may not serve in the jail   administrator position of a county jail unless the person satisfies   the examination requirement of this section.          SECTION 4.02.  Section 1701.253, Occupations Code, is   amended by amending Subsection (j) and adding Subsection (n) to   read as follows:          (j)  As part of the minimum curriculum requirements, the   commission shall require an officer to complete a 40-hour statewide   education and training program on de-escalation and crisis   intervention techniques to facilitate interaction with persons   with mental impairments. An officer shall complete the program not   later than the second anniversary of the date the officer is   licensed under this chapter or the date the officer applies for an   intermediate proficiency certificate, whichever date is earlier.   An officer may not satisfy the requirements of this subsection   [section] or Section 1701.402(g) by taking an online course on   de-escalation and crisis intervention techniques to facilitate   interaction with persons with mental impairments.          (n)  As part of the minimum curriculum requirements, the   commission shall require an officer to complete a statewide   education and training program on de-escalation techniques to   facilitate interaction with members of the public, including   techniques for limiting the use of force resulting in bodily   injury.          SECTION 4.03.  Section 1701.310(a), Occupations Code, is   amended to read as follows:          (a)  Except as provided by Subsection (e), a person may not   be appointed as a county jailer, except on a temporary basis, unless   the person has satisfactorily completed a preparatory training   program, as required by the commission, in the operation of a county   jail at a school operated or licensed by the commission. The   training program must consist of at least eight hours of mental   health training approved by the commission and the Commission on   Jail Standards.          SECTION 4.04.  Section 1701.352(b), Occupations Code, is   amended to read as follows:          (b)  The commission shall require a state, county, special   district, or municipal agency that appoints or employs peace   officers to provide each peace officer with a training program at   least once every 48 months that is approved by the commission and   consists of:                (1)  topics selected by the agency; and                (2)  for an officer holding only a basic proficiency   certificate, not more than 20 hours of education and training that   contain curricula incorporating the learning objectives developed   by the commission regarding:                      (A)  civil rights, racial sensitivity, and   cultural diversity;                      (B)  de-escalation and crisis intervention   techniques to facilitate interaction with persons with mental   impairments; [and]                      (C)  de-escalation techniques to facilitate   interaction with members of the public, including techniques for   limiting the use of force resulting in bodily injury; and                      (D)  unless determined by the agency head to be   inconsistent with the officer's assigned duties:                            (i)  the recognition and documentation of   cases that involve child abuse or neglect, family violence, and   sexual assault; and                            (ii)  issues concerning sex offender   characteristics.          SECTION 4.05.  Section 1701.402, Occupations Code, is   amended by adding Subsection (n) to read as follows:          (n)  As a requirement for an intermediate proficiency   certificate or an advanced proficiency certificate, an officer must   complete the education and training program regarding   de-escalation techniques to facilitate interaction with members of   the public established by the commission under Section 1701.253(n).          SECTION 4.06.  Not later than March 1, 2018, the Texas   Commission on Law Enforcement shall develop and the Commission on   Jail Standards shall approve the examination required by Section   511.00905, Government Code, as added by this article.          SECTION 4.07.  (a)  Not later than March 1, 2018, the Texas   Commission on Law Enforcement shall establish or modify training   programs as necessary to comply with Section 1701.253, Occupations   Code, as amended by this article.          (b)  The minimum curriculum requirements under Section   1701.253(j), Occupations Code, as amended by this article, apply   only to a peace officer who first begins to satisfy those   requirements on or after April 1, 2018.          SECTION 4.08.  (a)  Section 1701.310, Occupations Code, as   amended by this article, takes effect January 1, 2018.          (b)  A person in the position of county jailer on September   1, 2017, must comply with Section 1701.310(a), Occupations Code, as   amended by this article, not later than August 31, 2021.   ARTICLE 5.  MOTOR VEHICLE STOPS, RACIAL PROFILING, AND ISSUANCE OF   CITATIONS          SECTION 5.01.  Article 2.132, Code of Criminal Procedure, is   amended by amending Subsections (b) and (d) and adding Subsection   (h) to read as follows:          (b)  Each law enforcement agency in this state shall adopt a   detailed written policy on racial profiling.  The policy must:                (1)  clearly define acts constituting racial   profiling;                (2)  strictly prohibit peace officers employed by the   agency from engaging in racial profiling;                (3)  implement a process by which an individual may   file a complaint with the agency if the individual believes that a   peace officer employed by the agency has engaged in racial   profiling with respect to the individual;                (4)  provide public education relating to the agency's   compliment and complaint process, including providing the   telephone number, mailing address, and e-mail address to make a   compliment or complaint with respect to each ticket, citation, or   warning issued by a peace officer;                (5)  require appropriate corrective action to be taken   against a peace officer employed by the agency who, after an   investigation, is shown to have engaged in racial profiling in   violation of the agency's policy adopted under this article;                (6)  require collection of information relating to   motor vehicle stops in which a ticket, citation, or warning is   issued and to arrests made as a result of those stops, including   information relating to:                      (A)  the race or ethnicity of the individual   detained;                      (B)  whether a search was conducted and, if so,   whether the individual detained consented to the search; [and]                      (C)  whether the peace officer knew the race or   ethnicity of the individual detained before detaining that   individual;                      (D)  whether the peace officer used physical force   that resulted in bodily injury, as that term is defined by Section   1.07, Penal Code, during the stop;                      (E)  the location of the stop; and                      (F)  the reason for the stop; and                (7)  require the chief administrator of the agency,   regardless of whether the administrator is elected, employed, or   appointed, to submit an annual report of the information collected   under Subdivision (6) to:                      (A)  the Texas Commission on Law Enforcement; and                      (B)  the governing body of each county or   municipality served by the agency, if the agency is an agency of a   county, municipality, or other political subdivision of the state.          (d)  On adoption of a policy under Subsection (b), a law   enforcement agency shall examine the feasibility of installing   video camera and transmitter-activated equipment in each agency law   enforcement motor vehicle regularly used to make motor vehicle   stops and transmitter-activated equipment in each agency law   enforcement motorcycle regularly used to make motor vehicle stops.     The agency also shall examine the feasibility of equipping each   peace officer who regularly detains or stops motor vehicles with a   body worn camera, as that term is defined by Section 1701.651,   Occupations Code.  If a law enforcement agency installs video or   audio equipment or equips peace officers with body worn cameras as   provided by this subsection, the policy adopted by the agency under   Subsection (b) must include standards for reviewing video and audio   documentation.          (h)  A law enforcement agency shall review the data collected   under Subsection (b)(6) to identify any improvements the agency   could make in its practices and policies regarding motor vehicle   stops.          SECTION 5.02.  Article 2.133, Code of Criminal Procedure, is   amended by amending Subsection (b) and adding Subsection (c) to   read as follows:          (b)  A peace officer who stops a motor vehicle for an alleged   violation of a law or ordinance shall report to the law enforcement   agency that employs the officer information relating to the stop,   including:                (1)  a physical description of any person operating the   motor vehicle who is detained as a result of the stop, including:                      (A)  the person's gender; and                      (B)  the person's race or ethnicity, as stated by   the person or, if the person does not state the person's race or   ethnicity, as determined by the officer to the best of the officer's   ability;                (2)  the initial reason for the stop;                (3)  whether the officer conducted a search as a result   of the stop and, if so, whether the person detained consented to the   search;                (4)  whether any contraband or other evidence was   discovered in the course of the search and a description of the   contraband or evidence;                (5)  the reason for the search, including whether:                      (A)  any contraband or other evidence was in plain   view;                      (B)  any probable cause or reasonable suspicion   existed to perform the search; or                      (C)  the search was performed as a result of the   towing of the motor vehicle or the arrest of any person in the motor   vehicle;                (6)  whether the officer made an arrest as a result of   the stop or the search, including a statement of whether the arrest   was based on a violation of the Penal Code, a violation of a traffic   law or ordinance, or an outstanding warrant and a statement of the   offense charged;                (7)  the street address or approximate location of the   stop; [and]                (8)  whether the officer issued a verbal or written   warning or a ticket or citation as a result of the stop; and                (9)  whether the officer used physical force that   resulted in bodily injury, as that term is defined by Section 1.07,   Penal Code, during the stop.          (c)  The chief administrator of a law enforcement agency,   regardless of whether the administrator is elected, employed, or   appointed, is responsible for auditing reports under Subsection (b)   to ensure that the race or ethnicity of the person operating the   motor vehicle is being reported.          SECTION 5.03.  Article 2.134(c), Code of Criminal Procedure,   is amended to read as follows:          (c)  A report required under Subsection (b) must be submitted   by the chief administrator of the law enforcement agency,   regardless of whether the administrator is elected, employed, or   appointed, and must include:                (1)  a comparative analysis of the information compiled   under Article 2.133 to:                      (A)  evaluate and compare the number of motor   vehicle stops, within the applicable jurisdiction, of persons who   are recognized as racial or ethnic minorities and persons who are   not recognized as racial or ethnic minorities; [and]                      (B)  examine the disposition of motor vehicle   stops made by officers employed by the agency, categorized   according to the race or ethnicity of the affected persons, as   appropriate, including any searches resulting from stops within the   applicable jurisdiction; and                      (C)  evaluate and compare the number of searches   resulting from motor vehicle stops within the applicable   jurisdiction and whether contraband or other evidence was   discovered in the course of those searches; and                (2)  information relating to each complaint filed with   the agency alleging that a peace officer employed by the agency has   engaged in racial profiling.          SECTION 5.04.  Article 2.137, Code of Criminal Procedure, is   amended to read as follows:          Art. 2.137.  PROVISION OF FUNDING OR EQUIPMENT. (a)  The   Department of Public Safety shall adopt rules for providing funds   or video and audio equipment to law enforcement agencies for the   purpose of installing video and audio equipment in law enforcement   motor vehicles and motorcycles or equipping peace officers with   body worn cameras [as described by Article 2.135(a)(1)(A)],   including specifying criteria to prioritize funding or equipment   provided to law enforcement agencies. The criteria may include   consideration of tax effort, financial hardship, available   revenue, and budget surpluses. The criteria must give priority to:                (1)  law enforcement agencies that employ peace   officers whose primary duty is traffic enforcement;                (2)  smaller jurisdictions; and                (3)  municipal and county law enforcement agencies.          (b)  The Department of Public Safety shall collaborate with   an institution of higher education to identify law enforcement   agencies that need funds or video and audio equipment for the   purpose of installing video and audio equipment in law enforcement   motor vehicles and motorcycles or equipping peace officers with   body worn cameras [as described by Article 2.135(a)(1)(A)]. The   collaboration may include the use of a survey to assist in   developing criteria to prioritize funding or equipment provided to   law enforcement agencies.          (c)  To receive funds or video and audio equipment from the   state for the purpose of installing video and audio equipment in law   enforcement motor vehicles and motorcycles or equipping peace   officers with body worn cameras [as described by Article   2.135(a)(1)(A)], the governing body of a county or municipality, in   conjunction with the law enforcement agency serving the county or   municipality, shall certify to the Department of Public Safety that   the law enforcement agency needs funds or video and audio equipment   for that purpose.          (d)  On receipt of funds or video and audio equipment from   the state for the purpose of installing video and audio equipment in   law enforcement motor vehicles and motorcycles or equipping peace   officers with body worn cameras [as described by Article   2.135(a)(1)(A)], the governing body of a county or municipality, in   conjunction with the law enforcement agency serving the county or   municipality, shall certify to the Department of Public Safety that   the law enforcement agency has taken the necessary actions to use   and is using [installed] video and audio equipment and body worn   cameras for those purposes [as described by Article 2.135(a)(1)(A)   and is using the equipment as required by Article 2.135(a)(1)].          SECTION 5.05.  Article 2.1385(a), Code of Criminal   Procedure, is amended to read as follows:          (a)  If the chief administrator of a local law enforcement   agency intentionally fails to submit the incident-based data as   required by Article 2.134, the agency is liable to the state for a   civil penalty in an [the] amount not to exceed $5,000 [of $1,000]   for each violation.  The attorney general may sue to collect a   civil penalty under this subsection.          SECTION 5.06.  Article 2.135, Code of Criminal Procedure, is   repealed.          SECTION 5.07.  Articles 2.132 and 2.134, Code of Criminal   Procedure, as amended by this article, apply only to a report   covering a calendar year beginning on or after January 1, 2018.          SECTION 5.08.  Not later than September 1, 2018, the Texas   Commission on Law Enforcement shall:                (1)  evaluate and change the guidelines for compiling   and reporting information required under Article 2.134, Code of   Criminal Procedure, as amended by this article, to enable the   guidelines to better withstand academic scrutiny; and                (2)  make accessible online:                      (A)  a downloadable format of any information   submitted under Article 2.134(b), Code of Criminal Procedure, that   is not exempt from public disclosure under Chapter 552, Government   Code; and                      (B)  a glossary of terms relating to the   information to make the information readily understandable to the   public.   ARTICLE 6.  EFFECTIVE DATE          SECTION 6.01.  Except as otherwise provided by this Act,   this Act takes effect September 1, 2017.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1849 passed the Senate on   May 11, 2017, by the following vote:  Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1849 passed the House on   May 20, 2017, by the following vote:  Yeas 137, Nays 0, one   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor