By: Coleman	H.B. No. 4172

	A BILL TO BE ENTITLED
	AN ACT
	relating to training for law enforcement officers and officials;
	authorizing a fee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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
	trainin
	g 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 2.  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 3.  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.  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 5.  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 6.  Chapter 511, Government Code, is amended by
	adding Section 511.00905 to read as follows:
	Sec. 511.00905.  CHIEF COMMAND POSITION; EXAMINATION
	REQUIRED.  (a)  The commission shall approve an examination for a
	person assigned to the chief command position overseeing a county
	jail.
	(b)  The commission shall adopt rules requiring a person,
	other than a sheriff, assigned to the chief command position
	overseeing a county jail to pass the examination not later than the
	90th day after the date the person is assigned to that position.
	The rules must provide that a person who fails the examination:
	(1)  shall be immediately removed from the position and
	may not be reinstated until the person passes the examination; and
	(2)  may not retake the examination before the 91st day
	after the date of the failed examination.
	(c)  The sheriff of a county shall perform the duties of the
	chief command position at any time there is not a person available
	who satisfies the examination requirements of this section.
	(d)  The commission shall provide for the examination to be
	available at testing centers throughout this state.  If the
	commission contracts with a testing service to administer and grade
	the examination, the contract shall authorize the service to
	collect a reasonable fee not to exceed $50 from each examinee.
	SECTION 7.  Section 1701.310, Occupations Code, is amended
	by adding Subsection (a-1) to read as follows:
	(a-1)  A person other than a sheriff may not serve in the
	chief command position of a county jail unless the person satisfies
	the examination requirement of Section 511.00905, Government Code.
	SECTION 8.  Not later than January 1, 2018, the Sam Houston
	State University College of Criminal Justice shall develop and the
	Commission on Jail Standards shall approve the examination required
	by Section 511.00905, Government Code, as added by this Act.
	SECTION 9.  Section 1701.310(a-1), Occupations Code, as
	added by this Act, takes effect January 1, 2018.
	SECTION 10.  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.
	SECTION 11.  Except as otherwise provided by this Act, this
	Act takes effect September 1, 2017.