85R14670 TYPED     By: Coleman H.B. No. 2702       A BILL TO BE ENTITLED   AN ACT   relating to interactions between law enforcement and individuals   detained or arrested on suspicion of the commission of criminal   offenses and the confinement or release of those individuals prior   to prosecution.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. SHORT TITLE, PREAMBLE, AND FINDINGS          SECTION 1.01.  SHORT TITLE. This Act shall be known as the   Sandra Bland Act in memory of Sandra Bland.          SECTION 1.02.  PREAMBLE. The events leading up to Sandra   Bland's unnecessary jailing and tragic death sparked statewide and   national outrage. The House Committee on County Affairs held   several hearings during the interim to discuss the circumstances   and policies that led to her death. The Sandra Bland Act aims to   improve and correct Texas' criminal justice system to make it   better for all people and prevent future tragedies like Sandra   Bland's.          SECTION 1.03.  FINDINGS. After the tragic death of Sandra   Bland the House Committee on County Affairs held multiple hearings   during the interim of the 84th Texas Legislative Session. The   County Affairs Committee reviewed the facts, circumstances, and   policies that played a factor in the death of Sandra Bland.          The Committee found that there are significant racial   disparities in how the Texas Department of Public Safety treats   Blacks when compared to Whites after they have been pulled over for   a traffic violation. The Committee also found that the way DPS   records and presents the data needs to be improved. This Act will   address these problems by strengthening Texas' racial profiling   law, as well as ensuring that the data Texas collects is robust,   clear, and accurate.          The Committee found reason to believe that Sandra Bland and   many other people are still being stopped for an underlying   pretext. Though pre-textual stops are not the policy of DPS, Texas   law needs to be strengthened to ensure that it does not happen at   DPS or any other law enforcement agency in Texas. The Sandra Bland   Act does this by explicitly outlawing the practice of pretext   stops, as well as outlawing consent searches, and raising the   burden of proof needed to both stop and search vehicles in Texas.   These changes will ensure the rights of all are better protected.          Additionally, the Committee found that it would be beneficial   to the public that all law enforcement would use de-escalation   tactics in all interactions with the public. The officer escalating   the routine traffic stop was the catalyst for the events that led to   the death of Sandra Bland. Implementing policies that better train   officers to de-escalate interactions with the public will keep us   all safer and prevent future tragedies.          The Committee also found that far too many people are being   brought to jail and remaining there unnecessarily like Sandra   Bland. The Committee found that policies of diverting people who   are in crisis and running afoul of the law either due to their   mental health or substance abuse would be better served being   diverted into treatment, rather than cycled through the jail system   and released with the same problems that caused them to get arrested   previously. The Committee found suspending medical benefits upon   detention instead of terminating them to ensure there are not gaps   in treatment would help elevate this revolving door problem.          Sandra Bland was also arrested for a fine-only offense. It is   not logical and potentially unconstitutional to send someone to   jail for an offense that carries no penalty of jail time. Sandra   Bland, like many people currently in jail waiting for their trial,   are unable to pay their bail. Many of these individuals pose no risk   to the community nor are they a flight risk. Yet, the Committee   found that county jails are spending millions of dollars every year   combined to house these inmates who have yet to be proven guilty.   Hence, this Act will increase diversion by creating policies to   encourage it, and supporting funding for places where people can be   diverted to. Additionally, this Act will create policies aimed at   properly increasing the use of personal recognizance bonds. If   these policies would have been in place, there is good reason to   believe Sandra Bland would still be alive.          The Committee found that Sandra Bland died in jail because   our jails are not as safe as they could be, and that people who have   yet to be proven guilty and even those proven guilty should not be   subject to the dangers found in our jails. To address that issue   this Act improves training for our jailers, requires jails to have   medical personnel present and access to a mental health   professional either in person or through telemental health at all   times, and automated electronic sensors to ensure accurate cell   checks. This Act also creates a grant program to ensure that all   County jails will be able to afford these necessary changes.   ARTICLE 2. IDENTIFICATION AND DIVERSION OF PERSONS SUSPECTED OF   HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY          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 24 [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. Each peace officer shall make a good   faith effort to divert a person suffering a mental health crisis or   substance abuse to a proper treatment center in the officer's   jurisdiction if:                (1)  it is reasonably possible to divert the person;                (2)  the offense that the person is accused of is a   misdemeanor, other than a misdemeanor involving violence; and                (3)  the crisis or abuse is suspected to be the reason   the person committed the alleged offense.          SECTION 2.03.  Article 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, 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 collaborative; and                (2)  to collaboratives that serve multiple continues   counties with individual populations below 50,000.          (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 services.          SECTION 2.04.  Chapter 539, Government Code, is amended by   adding Articles 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.          (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)  Counties with a population under 50,000 may work with   multiple other counties that touch them that also have a population   under 50,000 to form a joint plan.          SECTION 2.05.  Subchapter B, Chapter 32, Human Resources   Code, is amended by adding Section 32.0264 to read as follows:          Sec. 32.0264.  SUSPENSION, TERMINATION, AND AUTOMATIC   REINSTATEMENT OF ELIGIBILITY FOR INDIVIDUALS CONFINED IN COUNTY   JAILS. (a) In this section, "county jail" means a facility   operated by or for a county for the confinement of persons accused   or convicted of an offense.          (b)  If an individual is confined in a county jail because   the individual has been charged with but not convicted of an   offense, the commission shall suspend the individual's eligibility   for medical assistance during the period the individual is confined   in the county jail.          (c)  If an individual is confined in a county jail because   the individual has been convicted of an offense, the commission   shall, as appropriate:                (1)  terminate the individual's eligibility for medical   assistance; or                (2)  suspend the individual's eligibility during the   period the individual is confined in the county jail.          (d)  Not later than 48 hours after the commission is notified   of the release from a county jail of an individual whose eligibility   for medical assistance has been suspended under this section, the   commission shall reinstate the individual's eligibility, provided   the individual's eligibility certification period has not elapsed.   Following the reinstatement, the individual remains eligible until   the expiration of the period for which the individual was certified   as eligible.          SECTION 2.06.  Subchapter C, Chapter 351, Local Government   Code, is amended by adding Section 351.046 to read as follows:          Sec. 351.046.  NOTICE TO CERTAIN GOVERNMENTAL ENTITIES. (a)   The sheriff of a county may notify the Health and Human Services   Commission:                (1)  on the confinement in the county jail of an   individual who is receiving medical assistance benefits under   Chapter 32, Human Resources Code; and                (2)  on the conviction of a prisoner who, immediately   before the prisoner's confinement in the county jail, was receiving   medical assistance benefits.          (b)  If the sheriff of a county chooses to provide the   notices described by Subsection (a), the sheriff shall provide the   notices electronically or by other appropriate means as soon as   possible and not later than the 30th day after the date of the   individual's confinement or prisoner's conviction, as applicable.          (c)  The sheriff of a county may notify:                (1)  the United States Social Security Administration   of the release or discharge of a prisoner who, immediately before   the prisoner's confinement in the county jail, was receiving:                      (A)  Supplemental Security Income (SSI) benefits   under 42 U.S.C. Section 1381 et seq.; or                      (B)  Social Security Disability Insurance (SSDI)   benefits under 42 U.S.C. Section 401 et seq.; and                (2)  the Health and Human Services Commission of the   release or discharge of a prisoner who, immediately before the   prisoner's confinement in the county jail, was receiving medical   assistance benefits.          (d)  If the sheriff of a county chooses to provide the   notices described by Subsection (c), the sheriff shall provide the   notices electronically or by other appropriate means not later than   48 hours after the prisoner's release or discharge from custody.          (e)  If the sheriff of a county chooses to provide the   notices described by Subsection (c), at the time of the prisoner's   release or discharge, the sheriff shall provide the prisoner with a   written copy of each applicable notice and a phone number at which   the prisoner may contact the Health and Human Services Commission   regarding confirmation of or assistance relating to reinstatement   of the individual's eligibility for medical assistance benefits, if   applicable.          (f)  The Health and Human Services Commission shall   establish a means by which the sheriff of a county, or an employee   of the county or sheriff, may determine whether an individual   confined in the county jail is or was, as appropriate, receiving   medical assistance benefits under Chapter 32, Human Resources Code,   for purposes of this section.          (g)  The county or sheriff, or an employee of the county or   sheriff, is not liable in a civil action for damages resulting from   a failure to comply with this section.          SECTION 2.07.  Sections 32.0264(a)-(c), Human Resources   Code, and Section 351.046(a), Local Government Code, as added by   this Act, apply to an individual whose period of confinement in a   county jail begins on or after the effective date of this Act,   regardless of the date the individual was determined eligible for   medical assistance under Chapter 32, Human Resources Code.          SECTION 2.08.  Section 32.0264(d), Human Resources Code, and   Section 351.046(c), Local Government Code, as added by this Act,   apply to the release or discharge of a prisoner from a county jail   that occurs on or after the effective date of this Act, regardless   of the date the prisoner was initially confined in the county jail.          SECTION 2.09.  If before implementing any provision of this   Act a state agency determines that a waiver or authorization from a   federal agency is necessary for implementation of that provision,   the agency affected by the provision shall request the waiver or   authorization and may delay implementing that provision until the   waiver or authorization is granted.   ARTICLE 3. BAIL AND PRETRIAL RELEASE          SECTION 3.01.  Article 17.03, Code of Criminal Procedure, is   amended by amending Subsections (a) and (c) and adding Subsection   (b-1) to read as follows:          (a)  Except as provided by Subsection (b) or (b-1) [of this   article], a magistrate may, in the magistrate's discretion, release   the defendant on [his] personal bond without sureties or other   security.          (b-1)  Notwithstanding any other law, a magistrate shall   release on personal bond a defendant who is not charged with and has   not been previously convicted of a violent offense unless the   magistrate finds good cause to justify not releasing the defendant   on personal bond.          (c)  When setting a personal bond under this chapter, on   reasonable belief by the investigating or arresting law enforcement   agent or magistrate of the presence of a controlled substance in the   defendant's body or on the finding of drug or alcohol abuse related   to the offense for which the defendant is charged, the court or a   magistrate may [shall] require as a condition of personal bond that   the defendant submit to testing for alcohol or a controlled   substance in the defendant's body and participate in an alcohol or   drug abuse treatment or education program if such a condition will   serve to reasonably assure the appearance of the defendant for   trial.          SECTION 3.02.  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 3.03.  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 for the   defendant; 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 3.04.  Article 17.033, Code of Criminal Procedure,   is amended to read as follows:          Art. 17.033.  RELEASE ON BOND OF CERTAIN PERSONS ARRESTED   WITHOUT A WARRANT. (a) Except as provided by Subsection (c), a   person who is arrested without a warrant and who is detained in jail   must be released on personal bond[, in an amount not to exceed   $5,000,] not later than the 24th hour after the person's arrest if   the person was arrested for a misdemeanor and a magistrate has not   determined whether probable cause exists to believe that the person   committed the offense. [If the person is unable to obtain a surety   for the bond or unable to deposit money in the amount of the bond,   the person must be released on personal bond.]          (b)  Except as provided by Subsection (c), a person who is   arrested without a warrant and who is detained in jail must be   released on bond, in an amount not to exceed $5,000 [$10,000], not   later than the 24th [48th] hour after the person's arrest if the   person was arrested for a felony and a magistrate has not determined   whether probable cause exists to believe that the person committed   the offense. If the person is unable to obtain a surety for the bond   or unable to deposit money in the amount of the bond, the person   must be released on personal bond.          (c)  On the filing of an application by the attorney   representing the state, a magistrate may postpone the release of a   person under Subsection (a)[, (a-1),] or (b) for not more than 48   [72] hours after the person's arrest. An application filed under   this subsection must state the reason a magistrate has not   determined whether probable cause exists to believe that the person   committed the offense for which the person was arrested.          (d)  The time limits imposed by Subsections (a)[, (a-1),] and   (b) do not apply to a person arrested without a warrant who is taken   to a hospital, clinic, or other medical facility before being taken   before a magistrate under Article 15.17. For a person described by   this subsection, the time limits imposed by Subsections (a)[,   (a-1),] and (b) begin to run at the time, as documented in the   records of the hospital, clinic, or other medical facility, that a   physician or other medical professional releases the person from   the hospital, clinic, or other medical facility.          SECTION 3.05.  Article 25.03 and 25.04, 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 same to the accused or his counsel,   at the earliest possible time.          Art. 25.04.  IN MISDEMEANOR. In misdemeanors, 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.] the clerk shall   deliver a copy of the same to the accused or his counsel, at the   earliest possible time.          SECTION 3.06.  Chapter 511, Government Code, is amended by   adding Section 511.009(a)(21-23) to read as follows:                (21)  adopt reasonable rules establishing minimum   standards for jails regarding use of force, prevention of sexual   assault, the management of intoxicated inmates, and the continuity   of medication for inmates upon entry and release from the jail.                (22)  adopt reasonable standards for jails in   establishing guidelines for inmate safety that include requiring   jails to have:                      (A)  24 hour access to a mental health   professional either on site or through a telemental health service;                      (B)  automated electronic sensors to ensure   accurate and timely cell checks; and                      (C)  on-duty nurse or EMT for all shifts.                (23)  adopt a chief command position exam that the   person assigned to the chief command position overseeing a county   jail must pass.                      (A)  The chief command position exam may be taken   at any testing center, and the testing center may charge a   reasonable fee up to $50 for administering and grading the exam.                (24)  The commission shall adopt reasonable rules and   procedures establishing minimum standards regarding the continuity   of prescription medications for the care and treatment of inmates   and prisoners in county jails. The rules and procedures shall   require that inmates and prisoners who are determined to be   lawfully taking a prescription medication when they enter the   county jail be maintained on that same prescription medication   until a qualified health care professional directs otherwise upon   individualized consideration.          SECTION 3.07.  Chapter 511, Government Code, is amended by   adding Section 511.019 to read as follows:          Sec. 511.019.  COUNTY INMATE SAFETY FUND. (a) The County   Inmate Safety Fund is a dedicated account in the general revenue   fund.          (b)  The County Inmate 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.          (e)  The Commission shall only make grants to county jails   with a certified capacity of 96 inmates or below.          (d)  Money in the fund may be appropriated only to the   commission to pay for capital improvements that are required under   section 511.009(a)(22).          (e)  The commission by rule may establish a grant program to   provide grants to counties to fund programs, training, or capital   improvements described by Subsection (c).          SECTION 3.08.  Chapter 511, Government Code, is amended by   adding Section 511.020 to read as follows:          Sec. 511.020.  COLLECTION OF SERIOUS INCIDENTS. (a) The   Sheriff of each county jail shall report on a monthly basis to the   Commission the occurrence in their jail of:                (1)  suicides;                (2)  attempted suicides;                (3)  deaths;                (4)  serious injuries;                (5)  assaults;                (6)  escapes;                (7)  sexual assaults; and                (8)  uses of force.          (b)  The Commission shall make this data available to the   public, and shall produce a monthly report of the data.          SECTION 3.09.  Chapter 511, Government Code, is amended by   adding Section 511.1 to read as follows:          Sec. 511.1  OUTSIDE INVESTIGATION OF JAIL DEATHS.  (a)  The   Department of Public Safety shall appoint a law enforcement agency   other than that who operates the county jail where an inmate's death   happened to investigate that inmate's death as soon as applicable.          (b)  The law enforcement agency that operates the county jail   where the inmate's death occurred shall begin and conduct the   investigation until the other law enforcement agency is named and   begins their investigation.           (c)  The law enforcement agency that operates the county jail   where the inmate's death occurred shall hand over all evidence and   be complete compliance with the law enforcement agency assigned to   the investigation.          SECTION 3.10.  The changes in law made by this article to   Articles 17.03 and 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 3.11.  The change in law made by this article to   Article 17.033, 25.03, and 25.04, Code of Criminal Procedure,   applies only to a person who is arrested on or after the effective   date of this Act. A person arrested before the effective date of   this Act is governed by the law in effect on the date the person was   arrested, and the former law is continued in effect for that   purpose.          SECTION 3.12.  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.          SECTION 3.13.  The change in law made by this article to   Article 511, Government Code, applies only to events on or after the   effective date of this Act.          SECTION 3.14.  The change in law made by this article to   Article 511.009(a)(22), Government Code, The Commission shall   adopt rules by September 1, 2018, and county jails must be in   compliance by September 1, 2020.          SECTION 3.15.  The chief command position exam described in   Article 511.009(a)(23), Government Code, shall be developed by the   Criminal Justice Department at Sam Houston University with input   and approval from the Texas Commission on Jail Standards.   ARTICLE 4. PEACE OFFICER TRAINING          SECTION 4.01.  Section 1701.253, Occupations Code, is   amended by amending Subsections (c), (h), and (j) and adding   Subsection (n) to read as follows:          (c)  As part of the minimum curriculum requirements, the   commission shall establish a statewide comprehensive education and   training program on civil rights, racial sensitivity, implicit   bias, and cultural diversity for persons licensed under this   chapter.          (h)  As part of the minimum curriculum requirements, the   commission shall establish a statewide comprehensive education and   training program on racial profiling for officers licensed under   this chapter. An officer shall complete a program established   under this subsection not later than the first [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.          (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 first [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. An officer shall complete   the program not later than the first 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 or Section 1701.402(n) by taking an online course.          SECTION 4.02.  Section 1701.310, Occupations Code, is   amended by amending Subsections (a) to read as follows:          Sec. 1701.310.  APPOINTMENT OF COUNTY JAILER; TRAINING   REQUIRED. (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 which includes 24 hours of training to facilitate   interaction with persons with mental impairments, as required by   the commission, in the operation of a county jail at a school   operated or licensed by the commission.          SECTION 4.03.  Section 1701.310, Occupations Code, is   amended by adding Subsections (f) to read as follows:          (f)  A person assigned by the sheriff to the chief command   position overseeing a county jail shall within 90 days of being   assigned to the chief command position overseeing a county jail   pass the chief command position exam.                (1)  If a person assigned to the chief command position   overseeing a county jail fails the chief command position exam they   shall be immediately removed, and be unable to be reinstated until   they pass the chief command position exam.                (2)  A person who fails the chief command position exam   must wait a minimum of 90 days to retake the exam.                (3)  The Sheriff of the County in which the jail is   located shall hold the chief command position until a new person is   appointed, or the person originally assigned has passed the chief   command position exam.          SECTION 4.03.  Section 1701.352, Occupations Code, is   amended by amending Subsections (b) and (e) and adding Subsection   (j) 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, implicit   bias, 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; 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.          (e)  The commission may require a state, county, special   district, or municipal agency that appoints or employs a reserve   law enforcement officer, county jailer, or public security officer   to provide each of those persons with education and training in   civil rights, racial sensitivity, implicit bias, and cultural   diversity at least once every 48 months.          (j)  The education and training program on de-escalation   techniques to facilitate interaction with members of the public   under Subsection (b)(2)(C) may not be provided as an online course.          SECTION 4.04.  Section 1701.402, Occupations Code, is   amended by amending Subsection (i) and adding Subsection (n) to   read as follows:          (i)  As a requirement for an intermediate proficiency   certificate, an officer must complete an education and training   program on civil rights, racial sensitivity, implicit bias, and   cultural diversity established by the commission under Section   1701.253(c).          (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 4.05.  Not later than January 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.   ARTICLE 5. PRETEXT STOPS, RACIAL PROFILING, AND ISSUANCE OF   CITATIONS          SECTION 5.01.  Article 2.13, Code of Criminal Procedure, is   amended by adding Subsection (d) to read as follows:          (d)  The officer may not:                (1)  conduct a search based solely on a person's consent   to the search; or                (2)  make a stop for an alleged violation of a traffic   law or ordinance as a pretext for investigating a violation of   another penal law.          SECTION 5.02.  Article 2.132, Code of Criminal Procedure, is   amended by amending Subsections (b), (c), and (e) and adding   Subsections (h) and (i) 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   complaint process, including providing the information regarding   the complaint process on 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 all   motor vehicle stops [in which a citation 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; [and]                      (D)  whether the peace officer used physical force   against anyone during 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.          (c)  The data collected as a result of the reporting   requirements of this article shall not constitute prima facie   evidence of racial profiling but is admissible in a court of law as   evidence of racial profiling.          (e)  A report required under Subsection (b)(7) may not   include identifying information about a peace officer who makes a   motor vehicle stop or about an individual who is stopped or arrested   by a peace officer. This subsection does not affect the collection   of information as required by a policy under Subsection (b)(6).          (h)  A law enforcement agency shall review the data collected   under Subsection (b)(6) to determine whether the number of vehicles   driven by a member of a particular race or ethnicity stopped by any   peace officer employed by the agency is disproportionate to the   population of that race or ethnicity in the county or municipality   served by the agency.          (i)  If a law enforcement agency determines that the number   of vehicles driven by a member of a particular race or ethnicity   stopped by a peace officer is disproportionate, as described by   Subsection (h), the agency shall conduct an investigation of the   officer to determine whether the officer routinely stops vehicles   the drivers of which are members of a particular racial or ethnic   group for alleged violations of traffic laws or ordinances as a   pretext for investigating violations of other penal laws.          SECTION 5.03.  Chapter 2, Code of Criminal Procedure, is   amended by adding Articles 2.1321 and 2.1322 to read as follows:          Art. 2.1321.  RACIAL PROFILING INVESTIGATIONS. (a) The   chief administrator of a law enforcement agency, regardless of   whether the administrator is elected, employed, or appointed, shall   annually review the data collected by the agency on racial   profiling to determine if:                (1)  racial profiling is potentially occurring on an   agency-wide level; or                (2)  an individual peace officer may be engaging in   racial profiling.          (b)  On a finding by the chief administrator of potential   racial profiling on an agency-wide basis or by an individual peace   officer, the agency shall initiate an investigation into the   potential racial profiling.          (c)  The chief administrator of each law enforcement agency   shall annually certify to the Texas Commission on Law Enforcement   that the chief administrator conducted the review required by   Subsection (a).          (d)  On a finding by the Texas Commission on Law Enforcement   that the chief administrator of a law enforcement agency   intentionally failed to conduct a review required by Subsection   (a), the commission shall begin disciplinary procedures against the   chief administrator.          Art. 2.1322.  REQUIRED RACIAL PROFILING COUNSELING AND   TRAINING FOR CERTAIN PEACE OFFICERS. (a) If an investigation   initiated under Article 2.132 or 2.1321 results in a finding of   racial profiling, the law enforcement agency shall provide   appropriate counseling and training to any peace officer found to   have engaged in racial profiling.          (b)  The counseling and training under Subsection (a) must:                (1)  emphasize understanding and respect for racial and   cultural differences;                (2)  address racial and cultural biases; and                (3)  include effective, noncombative methods of   carrying out law enforcement duties in a racially and culturally   diverse environment.          (c)  If, after a peace officer completes the counseling and   training under Subsection (a), the officer is again found to have   engaged in racial profiling, the law enforcement agency shall:                (1)  suspend the officer for not less than six months;   and                (2)  require the officer to repeat the counseling and   training under Subsection (a).          SECTION 5.04.  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 citation as a result of the stop; and                (9)  whether the officer used physical force in   conjunction with the arrest.          (c)  The chief administrator of a law enforcement agency,   regardless of whether the administrator is elected, employed, or   appointed, shall make periodic random and unannounced reviews of   motor vehicle stops by peace officers employed by the agency to   ensure that the race or ethnicity of the person operating the motor   vehicle is being properly identified in the report under Subsection   (b).          SECTION 5.05.  Articles 2.134(c), (d), and (f), Code of   Criminal Procedure, are 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;                (2)  information relating to each complaint filed with   the agency alleging that a peace officer employed by the agency has   engaged in racial profiling; and                (3)  information relating the number of investigations   initiated under Article 2.1321, and the outcomes of the   investigations.          (d)  A report required under Subsection (b) may not include   identifying information about a peace officer who makes a motor   vehicle stop or about an individual who is stopped or arrested by a   peace officer. This subsection does not affect the reporting of   information required under Article 2.133(b)(1).          (f)  The data collected as a result of the reporting   requirements of this article shall not constitute prima facie   evidence of racial profiling but is admissible in a court of law as   evidence of racial profiling.          SECTION 5.06.  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   purposes [purpose] of providing counseling and training for peace   officers to prevent racial profiling and installing video and audio   equipment in law enforcement motor vehicles and motorcycles [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   purposes [purpose] of providing counseling and training for peace   officers to prevent racial profiling and installing video and audio   equipment in law enforcement motor vehicles and motorcycles [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 purposes [purpose] of providing counseling and   training for peace officers to prevent racial profiling and   installing video and audio equipment in law enforcement motor   vehicles and motorcycles [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   those purposes [that purpose].          (d)  On receipt of funds or video and audio equipment from   the state for the purposes [purpose] of providing counseling and   training for peace officers to prevent racial profiling and   installing video and audio equipment in law enforcement motor   vehicles and motorcycles [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 installed and is using video and audio   equipment 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 5.07.  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 the amount of $10,000 [$1,000] for each violation.   The attorney general may sue to collect a civil penalty under this   subsection.          SECTION 5.08.  Effective September 1, 2018, Chapter 2, Code   of Criminal Procedure, is amended by adding Article 2.1386 to read   as follows:          Art. 2.1386.  MOTOR VEHICLE STOP INVESTIGATIONS. (a) In   this article, "law enforcement agency" and "motor vehicle stop"   have the meanings assigned by Article 2.132(a).          (b)  Each law enforcement agency shall adopt and implement a   detailed written policy regarding the administration of a motor   vehicle stop investigation in accordance with this article,   including the administrative penalties for violations of the   policy. A law enforcement agency may adopt the model policy   promulgated by the Bill Blackwood Law Enforcement Management   Institute of Texas or the agency's own policy.          (c)  A 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.          (d)  A peace officer who violates Subsection (c) shall be   subject to an administrative penalty of not less than a one-day   suspension.          SECTION 5.09.  Article 3.05, Code of Criminal Procedure, is   amended to read as follows:          Art. 3.05.  RACIAL PROFILING. (a) In this code, "racial   profiling" means a law enforcement-initiated action based on an   individual's race, ethnicity, or national origin rather than on the   individual's behavior or on information identifying the individual   as having engaged in criminal activity.          (b)  Racial profiling may be identified through the   examination of sufficient and evidence-based data analysis.          SECTION 5.10.  Article 14.06, Code of Criminal Procedure, is   amended by amending Subsection (b) and adding Subsection (b-1) to   read as follows:          (b)  A peace officer who is charging a person, including a   child, with committing an offense that is a [Class C] misdemeanor   punishable by a fine only, other than an offense under Section   49.02, Penal Code, or an offense under Chapter 106, Alcoholic   Beverage Code, shall [may], instead of taking the person before a   magistrate, issue a citation to the person that contains written   notice of the time and place the person must appear before a   magistrate, the name and address of the person charged, the offense   charged, and the following admonishment, in boldfaced or underlined   type or in capital letters:          "If you are convicted of a misdemeanor offense involving   violence where you are or were a spouse, intimate partner, parent,   or guardian of the victim or are or were involved in another,   similar relationship with the victim, it may be unlawful for you to   possess or purchase a firearm, including a handgun or long gun, or   ammunition, pursuant to federal law under 18 U.S.C. Section   922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any   questions whether these laws make it illegal for you to possess or   purchase a firearm, you should consult an attorney."          (b-1)  A peace officer who is charging a person, including a   child, with committing an offense that is a misdemeanor punishable   by a fine only under Chapter 106, Alcoholic Beverage Code, may,   instead of taking the person before a magistrate, issue to the   person a citation that contains written notice of the time and place   the person must appear before a magistrate, the name and address of   the person charged, and the offense charged.          SECTION 5.11.  Section 543.004(a), Transportation Code, is   amended to read as follows:          (a)  An officer shall issue a written notice to appear if:                (1)  the offense charged is [speeding or] a misdemeanor   under this subtitle that is punishable by a fine only [violation of   the open container law, Section 49.03, Penal Code]; and                (2)  the person makes a written promise to appear in   court as provided by Section 543.005.          SECTION 5.12.  Effective January 1, 2018, Subchapter A,   Chapter 543, Transportation Code, is amended by adding Section   543.0045 to read as follows:          Sec. 543.0045.  NOTIFICATION REQUIRED DURING TRAFFIC STOP.   (a) An officer who stops a motor vehicle as a result of a person's   alleged commission of a misdemeanor under this subtitle that is   punishable by a fine only shall promptly notify the person that:                (1)  the alleged offense is a misdemeanor under this   subtitle that is punishable by a fine only; and                (2)  the officer may not arrest a person solely on the   basis of that offense.          (b)  The Texas Commission on Law Enforcement by rule shall   specify the language that is required to be included in the   notification described by Subsection (a).          SECTION 5.13.  The following provisions of the Code of   Criminal Procedure are repealed:                (1)  Article 2.135.          SECTION 5.14.  Article 2.13(d), Code of Criminal Procedure,   as added by this article, applies only to a motor vehicle stop or   search that occurs on or after the effective date of this Act.          SECTION 5.15.  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 5.16.  Articles 2.132(h) and (i), 2.1321, and   2.1322, Code of Criminal Procedure, as added by this article, apply   to an investigation that occurs on or after the effective date of   this Act, regardless of whether the potential racial profiling   occurred before, on, or after that date.          SECTION 5.17.  Not later than September 1, 2018, the Texas   Commission on Law Enforcement shall 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 withstand academic scrutiny.          SECTION 5.18.  (a) Not later than December 31, 2017, the   Bill Blackwood Law Enforcement Management Institute of Texas, in   consultation with large, medium, and small law enforcement   agencies, law enforcement associations, and community   organizations engaged in the development of law enforcement policy   on behalf of the public, shall develop, adopt, and disseminate to   all law enforcement agencies in this state a model policy and   associated training materials for conducting a motor vehicle stop,   in accordance with Article 2.1386, Code of Criminal Procedure, as   added by this article.          (b)  Not later than September 1, 2018, each law enforcement   agency of this state shall adopt the policy required by Article   2.1386, Code of Criminal Procedure, as added by this article, if   applicable.          SECTION 5.19.  Not later than December 1, 2017, the Texas   Commission on Law Enforcement shall adopt the rules required by   Section 543.0045(b), Transportation Code, as added by this article.          SECTION 5.20.  The changes in law made by this article apply   only to an offense committed on or after the effective date of this   Act. An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this article if any element of the offense   occurred before that date.   ARTICLE 6. DISCIPLINARY PROCEDURES FOR PEACE OFFICERS.          SECTION 6.01.  Effective September 1, 2018, the heading to   Subchapter B, Chapter 614, Government Code, is amended to read as   follows:   SUBCHAPTER B. COMPLAINT AGAINST PEACE [LAW ENFORCEMENT] OFFICER OR   FIRE FIGHTER          SECTION 6.02.  Effective September 1, 2018, Section 614.021,   Government Code, is amended to read as follows:          Sec. 614.021.  APPLICABILITY OF SUBCHAPTER. (a) Except as   provided by Subsection (b), this subchapter applies only to a   complaint against:                (1)  [a law enforcement officer of the State of Texas,   including an officer of the Department of Public Safety or of the   Texas Alcoholic Beverage Commission;                [(2)]  a fire fighter who is employed by this state or a   political subdivision of this state;                (2) [(3)]  a peace officer under Article 2.12, Code of   Criminal Procedure, or other law who is appointed or employed by the   State of Texas or a political subdivision of this state, including a   political subdivision that is covered by a meet and confer or   collective bargaining agreement under Chapter 142, 143, or 174,   Local Government Code; or                (3) [(4)]  a detention officer or county jailer who is   appointed or employed by a political subdivision of this state.          (b)  This subchapter does not apply to a [peace officer or]   fire fighter [appointed or] employed by a political subdivision   that is covered by a meet and confer or collective bargaining   agreement under Chapter 143 or 174, Local Government Code, if that   agreement includes provisions relating to the investigation of, and   disciplinary action resulting from, a complaint against a [peace   officer or] fire fighter[, as applicable]. This subchapter does not   alter an at-will employment relationship between the employee and   the political subdivision.          SECTION 6.03.  Effective September 1, 2018, Section 614.022,   Government Code, is amended to read as follows:          Sec. 614.022.  CERTAIN COMPLAINTS [COMPLAINT] TO BE IN   WRITING AND SIGNED BY COMPLAINANT. To be considered by [the head of   a state agency or by] the head of a fire department or local law   enforcement agency, a [the] complaint filed by a member of the   public against a fire fighter, detention officer, or county jailer   must be:                (1)  in writing; and                (2)  signed by the person making the complaint.          SECTION 6.04.  Effective September 1, 2018, Subchapter B,   Chapter 614, Government Code, is amended by adding Sections   614.0225, 614.0226, and 614.0227 to read as follows:          Sec. 614.0225.  STANDARD PROCEDURES FOR COMPLAINT AGAINST   PEACE OFFICER BY A MEMBER OF THE PUBLIC. (a) Each law enforcement   agency shall adopt and implement standard procedures for processing   a complaint filed by a member of the public including members of the   public who are incarcerated, against a peace officer in accordance   with this subchapter. A law enforcement agency may adopt the model   standard procedures promulgated by the Bill Blackwood Law   Enforcement Management Institute of Texas or the agency's own   procedures.          (b)  A law enforcement agency shall facilitate the filing of   a written complaint against a peace officer by a member of the   public by providing a means to complain in person, by mail, by   e-mail, by telephone, and on the agency's Internet website.          (c)  A law enforcement agency shall facilitate the filing of   a complaint by a member of the public against a peace officer by   providing a means of a friend or family member to file on the behalf   of the victim.          Sec. 614.0226.  REQUIREMENTS FOR COMPLAINT FILED BY A MEMBER   OF THE PUBLIC AGAINST PEACE OFFICER. A complaint filed by a member   of the public against a peace officer must include:                (1)  the name and the telephone number or e-mail   address of the person filing the complaint;                (2)  the location of the interaction with the peace   officer; and                (3)  a description of the basis for the complaint.          Sec. 614.0227.  REQUIREMENTS FOR CITATION. A citation   issued by a peace officer must include the e-mail address,   telephone number, Internet address, and physical location where a   complaint can be filed by a member of the public against the peace   officer and basic instructions for filing the complaint.          SECTION 6.05.  Effective September 1, 2018, Section 614.023,   Government Code, is amended to read as follows:          Sec. 614.023.  COPY OF COMPLAINT TO BE GIVEN TO FIRE FIGHTER,   DETENTION OFFICER, OR COUNTY JAILER [OFFICER OR EMPLOYEE]. (a) A   copy of a signed complaint filed by a member of the public against   [a law enforcement officer of this state or] a fire fighter,   detention officer, or county jailer[, or peace officer appointed or   employed by a political subdivision of this state] shall be given to   the [officer or] employee within a reasonable time after the   complaint is filed.          (b)  Disciplinary action may not be taken against the   [officer or] employee unless a copy of the signed complaint is given   to the [officer or] employee.          (c)  In addition to the requirement of Subsection (b), the   [officer or] employee may not be indefinitely suspended or   terminated from employment based on the subject matter of the   complaint filed by a member of the public unless:                (1)  the complaint is investigated; and                (2)  there is evidence to prove the allegation of   misconduct.          SECTION 6.06.  Effective September 1, 2018, Subchapter B,   Chapter 614, Government Code, is amended by adding Sections   614.024, 614.025, 614.026, and 614.027 to read as follows:          Sec. 614.024.  COPY OF COMPLAINT FILED BY A MEMBER OF THE   PUBLIC TO BE GIVEN TO PEACE OFFICER. (a) A copy of a complaint   filed by a member of the public against a peace officer shall be   given to the peace officer within a reasonable time after the   complaint is filed.          (b)  Disciplinary action may not be taken against the peace   officer unless a copy of the complaint is given to the peace   officer.          (c)  In addition to the requirement of Subsection (b), the   peace officer may not be indefinitely suspended or terminated from   employment based on the subject matter of the complaint unless:                (1)  the complaint is investigated; and                (2)  the evidence proves the allegation of misconduct.          (d)  This subchapter does not alter anthe at-will employment   relationship between the peace officer and the law enforcement   agency.          Sec. 614.025.  INVESTIGATION OF COMPLAINT FILED BY A MEMBER   OF THE PUBLIC AGAINST PEACE OFFICER. (a) A law enforcement agency   shall investigate each complaint filed by a member of the public   against a peace officer and review the available evidence related   to the complaint, including any audio or video recording and any   report filed by the peace officer.          (b)  A law enforcement agency shall give a copy of any audio   or video evidence related to a complaint against a peace officer to   the complainant on request. This section does not prevent a law   enforcement agency from asserting that any confidential material is   exempt from disclosure under Sections 552.103, 552.107,or 552.108   of the Texas Government Code or under any other basis permitted by   law.          (c)  If the law enforcement agency determines that there is a   basis for further investigation into a possible violation by a   peace officer, the agency shall notify the peace officer and the   complainant that further investigation will be conducted.          (d)  If the preliminary review of the evidence clearly   indicates that there is no basis, in law or policy, for the   complaint filed by a member of the public, the law enforcement   agency shall notify the peace officer and the complainant that the   complaint is without merit.          (e)  An investigation must be completed not later than the   180th day after the date a complaint is filed. The law enforcement   agency shall provide the complainant an update on the progress of   the investigation at least once every two months during that   period.          Sec. 614.026.  APPEAL OF COMPLAINT FILED BY A MEMBER OF THE   PUBLIC AGAINST PEACE OFFICER. (a) A law enforcement agency shall   adopt and implement procedures for the appeal by a complainant of a   decision to dismiss a complaint filed by a member of the public by   the complainant, against a peace officer because the complaint is   determined to be without merit. The procedures must allow the   complainant to provide the agency additional evidence relating to   the complaint, including witness statements.          (b)  A peace officer may appeal a decision relating to a   complaint filed by a member of the public against the peace officer   under the procedures established under applicable law, including   under a meet and confer agreement, a collective bargaining   agreement, or Chapter 142, 143, or 174, Local Government Code.          Sec. 614.027.  DATA RELATING TO COMPLAINTS FILED BY MEMBERS   OF THE PUBLIC AGAINST PEACE OFFICERS. (a) A law enforcement agency   shall provide data relating to complaints filed by members of the   public against peace officers of the agency, including the outcome   of each complaint, to the Institute for Urban Policy Research &   Analysis at The University of Texas at Austin.          (b)  A law enforcement agency shall adopt the model standard   procedures promulgated by the Bill Blackwood Law Enforcement   Management Institute of Texas or the agency's own procedures to   implement this section.          SECTION 6.07.  Section 142.067, Local Government Code, is   amended to read as follows:          Sec. 142.067.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.   (a) Except as provided by Subsection (b), a [A] written meet and   confer agreement ratified under this subchapter preempts, during   the term of the agreement and to the extent of any conflict, all   contrary state statutes, local ordinances, executive orders, civil   service provisions, or rules adopted by the head of the law   enforcement agency or municipality or by a division or agent of the   municipality, such as a personnel board or a civil service   commission.          (b)  An agreement under this subchapter may not conflict with   and does not supersede Subchapter B, Chapter 614, Government Code,   or Article 2.1386, Code of Criminal Procedure.          SECTION 6.08.  Section 143.307, Local Government Code, is   amended by amending Subsections (a) and (b) and adding Subsection   (d) to read as follows:          (a)  Except as provided by Subsection (d), an [An] agreement   under this subchapter supersedes a previous statute concerning   wages, salaries, rates of pay, hours of work, or other terms and   conditions of employment to the extent of any conflict with the   statute.          (b)  Except as provided by Subsection (d), an [An] agreement   under this subchapter preempts any contrary statute, executive   order, local ordinance, or rule adopted by the state or a political   subdivision or agent of the state, including a personnel board, a   civil service commission, or a home-rule municipality.          (d)  An agreement under this subchapter affecting police   officers may not conflict with and does not supersede Subchapter B,   Chapter 614, Government Code, or Article 2.1386, Code of Criminal   Procedure.          SECTION 6.09.  Section 143.361, Local Government Code, is   amended by amending Subsections (a) and (b) and adding Subsection   (d) to read as follows:          (a)  Except as provided by Subsection (d), a [A] written   agreement ratified under this subchapter between a public employer   and the bargaining agent supersedes a previous statute concerning   wages, salaries, rates of pay, hours of work, and other terms of   employment other than pension benefits to the extent of any   conflict with the previous statute.          (b)  Except as provided by Subsection (d), a [A] written   agreement ratified under this subchapter preempts all contrary   local ordinances, executive orders, legislation, or rules adopted   by the state or a political subdivision or agent of the state, such   as a personnel board, a civil service commission, or a home-rule   municipality.          (d)  An agreement under this subchapter may not conflict with   and does not supersede Subchapter B, Chapter 614, Government Code,   or Article 2.1386, Code of Criminal Procedure.          SECTION 6.10.  Section 174.005, Local Government Code, is   amended to read as follows:          Sec. 174.005.  PREEMPTION OF OTHER LAW. (a) Except as   provided by Subsection (b), this [This] chapter preempts all   contrary local ordinances, executive orders, legislation, or rules   adopted by the state or by a political subdivision or agent of the   state, including a personnel board, civil service commission, or   home-rule municipality.          (b)  This chapter does not authorize the adoption or   implementation of an agreement that conflicts with Subchapter B,   Chapter 614, Government Code, or Article 2.1386, Code of Criminal   Procedure.          SECTION 6.11.  Sections 142.067(b), 143.307(d), 143.361(d),   and 174.005(b), Local Government Code, as added by this article,   apply only to an agreement entered into or renewed on or after   September 1, 2018. An agreement entered into or renewed before   September 1, 2018, is governed by the law in effect on the date the   agreement was entered into or renewed, and the former law is   continued in effect for that purpose.          SECTION 6.12.  (a) Not later than December 31, 2017, the   Bill Blackwood Law Enforcement Management Institute of Texas, in   consultation with large, medium, and small law enforcement   agencies, law enforcement associations, and community   organizations engaged in the development of law enforcement policy   on behalf of the public, shall develop, adopt, and disseminate to   all law enforcement agencies in this state:                (1)  the model standard procedures for a law   enforcement agency to process a complaint filed by a member of the   public against a peace officer, in accordance with Subchapter B,   Chapter 614, Government Code, as amended by this article; and                (2)  the model standard procedures for a law   enforcement agency to report data relating to complaints against   peace officers by members of the public to the Institute for Urban   Policy Research & Analysis at The University of Texas at Austin,   under Section 614.027, Government Code, as added by this article.          (b)  Not later than September 1, 2018, each law enforcement   agency of this state shall adopt the procedures required by   Subchapter B, Chapter 614, Government Code, as amended by this   article.   ARTICLE 7. INDEPENDENT OMBUDSMAN          SECTION 7.01.  Section 261.001, Human Resources Code, is   amended by adding Subsection (3) and (4) to read as follows:          Sec. 261.001.  DEFINITIONS. In this chapter:                (1)  "Independent ombudsman" means the individual who   has been appointed under this chapter to the office of independent   ombudsman.                (2)  "Office" means the office of independent ombudsman   created under this chapter.                (3)  "Department" means the Texas Juvenile Justice   Department.                (4)  "County jail" means a facility operated or   contracted by a county for the confinement of persons accused or   convicted an offense.          SECTION 7.02.  Section 261.002, Human Resources Code, is   amended to read as follows:          Sec. 261.002.  ESTABLISHMENT; PURPOSE. The office of   independent ombudsman is a state agency established for the purpose   of investigating, evaluating, and securing the rights of the   children committed to the department, including a child released   under supervision before final discharge, and adults confined in   county jails.          SECTION 7.03.  Section 261.056, Human Resources Code, is   amended by amending subsection (a) to read as follows:          Sec. 261.056.  COMMUNICATION AND CONFIDENTIALITY. (a) The   department shall allow any child committed to the department, and   the Sheriff shall allow any adult confined in a county jail to   communicate with the independent ombudsman or an assistant to the   ombudsman. The communication:                (1)  may be in person, by mail, or by any other means;   and                (2)  is confidential and privileged.          SECTION 7.04.  Section 261.057, Human Resources Code, is   amended to read as follows:          Sec. 261.057.  PROMOTION OF AWARENESS OF OFFICE. The   independent ombudsman shall promote awareness among the public and   the children committed to the department, and among persons   confined in county jails of:                (1)  how the office may be contacted;                (2)  the purpose of the office; and                (3)  the services the office provides.          SECTION 7.05.  Section 261.058, Human Resources Code, is   amended by amending subsection (b) to read as follows:          (b)  The office and the board shall adopt rules necessary to   implement Section 261.060, including rules that establish   procedures for the department and county jails to review and   comment on reports of the office and for the department and county   jails to expedite or eliminate review of and comment on a report   due to an emergency or a serious or flagrant circumstance described   by Section 261.055(b).          SECTION 7.06.  Section 261.101, Human Resources Code, is   amended by amending subsection (a) to read as follows:          Sec. 261.101.  DUTIES AND POWERS. (a) The independent   ombudsman shall:                (1)  review the procedures established by the board and   evaluate the delivery of services to children to ensure that the   rights of children are fully observed;                (1-a) evaluate the delivery of services adults in   county jails to ensure that the rights of adults in county jails are   fully observed;                (2)  review complaints filed with the independent   ombudsman concerning the actions of the department and investigate   each complaint in which it appears that a [child] person may be in   need of assistance from the independent ombudsman;                (3)  conduct investigations of complaints, other than   complaints alleging criminal behavior, if the office determines   that:                      (A)  a child committed to the department, an adult   in county jail, or the child's family may be in need of assistance   from the office; or                      (B)  a systemic issue in the department's or a   county jail's provision of services is raised by a complaint;                (4)  review or inspect periodically the facilities and   procedures of any institution or residence in which a child has been   placed by the department, and the facilities and procedures of any   county jail in which a person is confined, whether public or   private, to ensure that the rights of children and the health and   safety of persons confined in county jails are fully [observed]   protected;                (5)  provide assistance to a confined person, child or   family who the independent ombudsman determines is in need of   assistance, including advocating with an agency, provider, or other   person in the best interests of the child or confined person;                (6)  review court orders as necessary to fulfill its   duties;                (7)  recommend changes in any procedure relating to the   treatment of children committed to the department, and adults in   county jails;                (8)  make appropriate referrals under any of the duties   and powers listed in this subsection;                (9)  supervise assistants who are serving as advocates   in their representation of children committed to the department in   internal administrative and disciplinary hearings;                (10)  review reports received by the department   relating to complaints regarding juvenile probation programs,   services, or facilities and analyze the data contained in the   reports to identify trends in complaints;                (11)  report a possible standards violation by a local   juvenile probation department to the appropriate division of the   department or a possible standards violation by a county jail to the   Commission on Jail Standards; [and]                (12)  immediately report the findings of any   investigation related to the operation of a post-adjudication   correctional facility in a county to the chief juvenile probation   officer and the juvenile board of the county[.]; and                (13)  immediately report the substantiated findings of   any investigation related to the health or safety of a person   confined in a county jail to the Sheriff and Commissioners Court of   the county.          SECTION 7.07.  Section 261.104, Human Resources Code, is   amended by adding subsection (c) to read as follows:          c)  The office and the Commission on Jail Standards shall   enter into a memorandum of understanding concerning:                (1)  the most efficient manner in which to share   information with one another; and                (2)  opportunities for collaboration between the   office and the Commission on Jail Standards.          SECTION 7.08.  Section 261.151, Human Resources Code, is   amended by amending subsection (c) to read as follows:          (c)  A local law enforcement agency shall allow the   independent ombudsman access to its records relating to any child   in the care or custody of the department or to any records relating   to a person confined in a county jail.          SECTION 7.09.  Section 261.152, Human Resources Code, is   amended to read as follows:          Sec. 261.152.  ACCESS TO INFORMATION OF PRIVATE ENTITIES.   The independent ombudsman shall have access to the records of a   private entity that relate to a child committed to the department or   to a person confined in a county jail.   ARTICLE 8. EFFECTIVE DATE          SECTION 8.01.  Except as otherwise provided by this Act,   this Act takes effect September 1, 2017.