Bill Text: TX HB3858 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to peace officer wellness programs within certain law enforcement agencies.
Spectrum: Slight Partisan Bill (Republican 10-6)
Status: (Passed) 2023-06-11 - Effective on 9/1/23 [HB3858 Detail]
Download: Texas-2023-HB3858-Enrolled.html
| H.B. No. 3858 | ||
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| relating to peace officer wellness programs within certain law | ||
| enforcement agencies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle B, Title 4, Government Code, is amended | ||
| by adding Chapter 425 to read as follows: | ||
| CHAPTER 425. PEACE OFFICER WELLNESS PROGRAM | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 425.001. DEFINITIONS. In this chapter: | ||
| (1) "Commission" means the Health and Human Services | ||
| Commission. | ||
| (2) "Fund" means the peace officer wellness fund. | ||
| (3) "Law enforcement agency" means a state agency or | ||
| political subdivision of this state that employs at least 20 peace | ||
| officers described by Article 2.12(1), (3), (4), (8), or (10), Code | ||
| of Criminal Procedure, to answer emergency calls for service or | ||
| conduct patrol operations, traffic enforcement, or criminal | ||
| investigations. | ||
| (4) "Violent incident" means an incident involving a | ||
| peace officer that occurs while the officer is performing official | ||
| duties and that poses a substantial risk of serious harm to the | ||
| officer's mental health or well-being, including responding to a | ||
| homicide, suicide, or fatal motor vehicle accident. | ||
| SUBCHAPTER B. WELLNESS PROGRAM | ||
| Sec. 425.051. ESTABLISHMENT OF PROGRAM. A law enforcement | ||
| agency may establish and maintain a wellness program for the | ||
| agency's peace officers. | ||
| Sec. 425.052. PROGRAM REQUIREMENTS. A law enforcement | ||
| agency that establishes a wellness program must ensure the program | ||
| complies with any requirements established by the commission and is | ||
| available to each peace officer who has routinely responded to and | ||
| may have been affected by a violent incident. The program at a | ||
| minimum must provide: | ||
| (1) an initial telephone call or other form of contact | ||
| from an agency representative to monitor the mental and physical | ||
| well-being of a peace officer who may have been affected by a | ||
| violent incident; and | ||
| (2) information regarding mental health resources, | ||
| including counseling and therapy services, to a peace officer who | ||
| is struggling to cope with the effect on the officer of responding | ||
| to a violent incident. | ||
| SUBCHAPTER C. PEACE OFFICER WELLNESS FUND AND GRANT PROGRAM | ||
| Sec. 425.101. FUND. (a) The peace officer wellness fund is | ||
| an account in the general revenue fund. | ||
| (b) The fund is composed of: | ||
| (1) money appropriated to the fund by the legislature; | ||
| (2) gifts and grants contributed to the fund; and | ||
| (3) the earnings of the fund. | ||
| (c) Money in the fund may be appropriated only to the | ||
| commission. The commission may use the money only for making grants | ||
| under Section 425.102. | ||
| Sec. 425.102. PEACE OFFICER WELLNESS GRANT PROGRAM. (a) | ||
| The commission shall establish and administer a grant program to | ||
| assist law enforcement agencies in establishing and maintaining | ||
| peace officer wellness programs as required under Subchapter B. | ||
| (b) The commission shall establish: | ||
| (1) eligibility criteria for grant applicants; | ||
| (2) grant application procedures; | ||
| (3) guidelines relating to grant amounts; | ||
| (4) procedures for evaluating grant applications; | ||
| (5) guidelines relating to the use of a grant awarded | ||
| under the program, including the reimbursement of costs associated | ||
| with the provision of counseling and therapy services to peace | ||
| officers participating in a wellness program; and | ||
| (6) procedures for monitoring the use of a grant | ||
| awarded under the program and ensuring compliance with any | ||
| condition of a grant. | ||
| SECTION 2. Not later than January 1, 2024, the executive | ||
| commissioner of the Health and Human Services Commission shall | ||
| prescribe any necessary requirements for peace officer wellness | ||
| programs established under Chapter 425, Government Code, as added | ||
| by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3858 was passed by the House on May | ||
| 12, 2023, by the following vote: Yeas 139, Nays 4, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3858 was passed by the Senate on May | ||
| 22, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
