Thompson Bill Ends Immunity When Officers Violate Your Rights

The text as introduced · 6,408 words

89R2195 AJZ-F

By: Thompson
H.B. No. 909

A BILL TO BE ENTITLED

AN ACT

relating to law enforcement misconduct and law enforcement

interactions with certain detained or arrested individuals and

other members of the public, to public entity liability for those

interactions, and to the confinement, conviction, or release of

detained or arrested individuals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as the George Floyd Act.

SECTION 2. Title 5, Civil Practice and Remedies Code, is

amended by adding Chapter 118 to read as follows:

CHAPTER 118. PUBLIC ENTITY LIABILITY FOR DEPRIVATION OF CERTAIN

RIGHTS, PRIVILEGES, OR IMMUNITIES UNDER COLOR OF LAW

Sec. 118.001. DEFINITIONS. In this chapter:

(1) "Peace officer" has the meaning assigned by

Article 2A.001, Code of Criminal Procedure.

(2) "Public entity" means:

(A) this state;

(B) a political subdivision of this state,

including a municipality or county; and

(C) any other governmental agency whose

authority is derived from the laws or constitution of this state.

(3) "Respondeat superior" means the common law

doctrine under which an employer is liable for the wrongful acts of

the employer's employee or agent.

Sec. 118.002. PUBLIC ENTITY RESPONSIBILITY. (a) For

purposes of this chapter:

(1) a public entity is a principal responsible for the

wrongful acts or omissions of the entity's peace officers;

(2) a peace officer is an agent of the public entity

that employs the officer; and

(3) a public entity is legally responsible for a

wrongful act or omission of the entity's peace officer if the act or

omission occurs under the color of law.

(b) This chapter constitutes acceptance by a public entity

employing a peace officer of responsibility under respondeat

superior for the officer's conduct under the color of law,

regardless of whether the officer acted in accordance with a policy

or custom of the entity.

Sec. 118.003. DEPRIVATION OF RIGHTS, PRIVILEGES, OR

IMMUNITIES UNDER COLOR OF LAW. (a) An individual may bring an

action for any appropriate relief, including legal or equitable

relief, in a court of this state against a public entity on the

basis that a peace officer under the entity's employment, by an act

or omission under the color of law, deprived the individual of or

caused the individual to be deprived of a right, privilege, or

immunity under the laws or constitution of this state or the United

States.

(b) A claimant may recover in an action brought under this

chapter damages resulting from an injury arising from a deprivation

described by Subsection (a).

(c) A claimant must bring an action under this chapter not

later than two years after the day the cause of action accrues.

(d) A claimant bringing an action under this chapter bears

the burden of proving a deprivation of a right, privilege, or

immunity under the laws or constitution of this state or the United

States by a preponderance of the evidence.

Sec. 118.004. APPLICABILITY OF OTHER LAW. Notwithstanding

any other law, a statutory immunity or limitation on liability,

damages, or attorney's fees does not apply to an action brought

under this chapter.

Sec. 118.005. PROHIBITED DEFENSES. A defendant in an

action brought under this chapter may not assert as a defense or

basis for immunity that:

(1) the right, privilege, or immunity under the laws

or constitution of this state or the United States was not clearly

established at the time of the deprivation by the peace officer;

(2) based on the state of the law at the time, the

peace officer could not have been expected, reasonably or

otherwise, to know whether the officer's conduct was lawful; or

(3) the peace officer acted in good faith or believed,

reasonably or otherwise, that the officer's conduct was lawful at

the time it was committed.

Sec. 118.006. JURISDICTION IN STATE COURT. (a) An action

under this chapter arises from the laws of this state.

(b) Jurisdiction over an action brought under this chapter

is in the judicial system of this state under the laws of this

state, including the Texas Rules of Civil Procedure.

Sec. 118.007. JUDGMENT. (a) A judgment for an action

brought under this chapter must be supported by findings of fact and

conclusions of law.

(b) A peace officer may not be found financially liable in

an action brought under this chapter for a deprivation of a right,

privilege, or immunity under the laws or constitution of this state

or the United States.

Sec. 118.008. ATTORNEY'S FEES AND COSTS. (a) In an action

brought under this chapter, a court shall award reasonable

attorney's fees and costs to a prevailing claimant.

(b) Reasonable attorney's fees include fees incurred on an

hourly or contingency basis or by an attorney providing legal

services on a pro bono basis.

(c) For purposes of this section, a claimant prevails if the

claimant obtains any relief the claimant seeks in the claimant's

petition, whether the relief is obtained by judgment, settlement,

or the public entity's voluntary change in behavior.

(d) In an action brought under this chapter, if a judgment

is entered in favor of a defendant, the court may award reasonable

attorney's fees and costs to the defendant only for defending

claims the court finds frivolous.

Sec. 118.009. JOINT AND SEVERAL LIABILITY. A defendant who

is found liable in an action brought under this chapter is jointly

and severally liable for damages, attorney's fees, and costs

awarded by the court.

Sec. 118.010. TERMINATION OF CONTRACT, AGREEMENT, OR

EMPLOYMENT. (a) Notwithstanding any other law, contract, or

agreement, a public entity may terminate a contract or agreement

with or the employment of a peace officer if the court finds in an

action brought under this chapter that the officer deprived a

claimant of a right, privilege, or immunity under the laws or

constitution of this state or the United States.

(b) A public entity's termination of a contract or agreement

with or the employment of a peace officer does not affect the

entity's liability in an action brought under this chapter.

Sec. 118.011. PUBLIC DISCLOSURE. All petitions, judgments,

settlements, and consent decrees related to an action brought under

this chapter are public information subject to disclosure under

Chapter 552, Government Code.

Sec. 118.012. WAIVER OF SOVEREIGN OR GOVERNMENTAL IMMUNITY.

Sovereign or governmental immunity to suit and from liability is

waived to the extent of liability created by this chapter.

SECTION 3. Article 2A.051, Code of Criminal Procedure, is

amended to read as follows:

Art. 2A.051. GENERAL POWERS AND DUTIES OF PEACE OFFICERS.

Each peace officer [ shall ]:

(1) shall preserve the peace within the officer's

jurisdiction using all lawful means;

(2) may, if authorized [ in every case authorized by

this code ], interfere without a warrant to prevent or suppress

crime;

(3) shall execute all lawful process issued to the

officer by a magistrate or court;

(4) shall give notice to an appropriate magistrate of

all offenses committed in the officer's jurisdiction, if [ where ]

the officer has probable cause [ good reason ] to believe there has

been a violation of the penal law;

(5) may, if [ when ] authorized [ by law ], arrest an

offender without a warrant so the offender may be taken before the

proper magistrate or court and be tried;

(6) shall take possession of a child under Article

63.00905(g) [ 63.009(g) ]; [ and ]

(7) shall, on a request made by the Texas Civil

Commitment Office, execute an emergency detention order issued by

that office under Section 841.0837, Health and Safety Code ;

(8) shall make an identification as a peace officer

before taking any action within the course and scope of the

officer's official duties unless the identification would render

the action impracticable; and

(9) shall intervene to prevent an action by another

peace officer if:

(A) the action includes the use of force in an

amount that exceeds that which is reasonable under the

circumstances;

(B) the intervening officer knows or should know

that the other officer's action violates department policy or

local, state, or federal law; or

(C) the action puts a person at risk of bodily

injury, as that term is defined by Section 1.07, Penal Code, and is

not:

(i) immediately necessary to avoid imminent

bodily injury to a peace officer or other person; or

(ii) required to apprehend a person

suspected of committing an offense .

SECTION 4. Chapter 2B, Code of Criminal Procedure, is

amended by adding Subchapter E-1 to read as follows:

SUBCHAPTER E-1. CITATIONS AND ARRESTS

Art. 2B.0221. DEFINITION. In this subchapter, "law

enforcement agency" means an agency of the state or an agency of a

political subdivision of the state authorized by law to employ

peace officers.

Art. 2B.0222. CITE AND RELEASE POLICY. (a) Texas Southern

University, in consultation with law enforcement agencies, law

enforcement associations, law enforcement training experts, and

community organizations engaged in the development of law

enforcement policy, shall publish a written model policy regarding

the issuance of citations for misdemeanor offenses, including

traffic offenses, that are punishable by fine only. The policy must

provide a procedure for a peace officer, on a person's presentation

of appropriate identification, to verify the person's identity and

issue a citation to the person. The policy must comply with

Articles 14.01, 14.03, and 14.06 of this code and Sections 543.001

and 543.004, Transportation Code.

(b) Each law enforcement agency shall adopt a written policy

regarding the issuance of citations for misdemeanor offenses,

including traffic offenses, that are punishable by fine only. The

policy must meet the requirements for the model policy described by

Subsection (a). A law enforcement agency may adopt the model policy

published by Texas Southern University under Subsection (a).

SECTION 5. Subchapter F, Chapter 2B, Code of Criminal

Procedure, is amended by adding Article 2B.02505 to read as

follows:

Art. 2B.02505. DEFINITION. In this subchapter, "law

enforcement agency" has the meaning assigned by Article 2B.0221.

SECTION 6. Article 2B.0252, Code of Criminal Procedure, is

amended to read as follows:

Art. 2B.0252. USE OF NECK RESTRAINTS DURING SEARCH OR

ARREST PROHIBITED. A peace officer may not intentionally use a

choke hold, carotid artery hold, or similar neck restraint in

searching or arresting a person unless :

(1) the restraint is necessary to prevent serious

bodily injury to or the death of the officer or another person ; and

(2) the officer discontinues the restraint as soon as

the threat of serious bodily injury or death described by

Subdivision (1) has passed .

SECTION 7. Subchapter F, Chapter 2B, Code of Criminal

Procedure, is amended by adding Article 2B.0254 to read as follows:

Art. 2B.0254. POLICY ON DE-ESCALATION AND PROPORTIONATE

RESPONSE. (a) Texas Southern University shall develop and make

available to all law enforcement agencies in this state a model

policy and associated training materials regarding the use of force

by peace officers. The model policy must be:

(1) designed to minimize the number and severity of

incidents in which peace officers use force; and

(2) consistent with the requirements of Subsection (d)

and the guiding principles on the use of force issued by the Police

Executive Research Forum.

(b) In developing a model policy under this section, Texas

Southern University shall consult with:

(1) law enforcement agencies and organizations,

including the Police Executive Research Forum and other national

experts on police management and training; and

(2) community organizations.

(c) On request of a law enforcement agency, Texas Southern

University shall provide the agency with training regarding the

policy developed under Subsection (a).

(d) Each law enforcement agency shall adopt a detailed

written policy regarding the use of force by peace officers. The

policy must:

(1) emphasize conflict de-escalation and the use of

force in a manner proportionate to the threat posed and to the

seriousness of the alleged offense;

(2) mandate that deadly force is only to be used by

peace officers as a last resort; and

(3) affirm the sanctity of human life and the

importance of treating all persons with dignity and respect.

(e) A law enforcement agency may adopt the model policy

developed by Texas Southern University under Subsection (a) or may

adopt its own policy.

SECTION 8. Article 2B.0301(b), Code of Criminal Procedure,

is amended to read as follows:

(b) The peace officer is not required to request emergency

medical services or provide first aid or treatment under Subsection

(a) if:

(1) making the request or providing the treatment

would expose the officer or another person to a likely risk of

serious bodily injury; or

(2) the officer is injured and physically unable to

make the request or provide the treatment.

SECTION 9. Article 14.01, Code of Criminal Procedure, is

amended by adding Subsection (c) to read as follows:

(c) Notwithstanding Subsection (a) or (b), a peace officer

or any other person may not, without a warrant, arrest an offender

for a misdemeanor punishable by fine only, other than an offense

under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,

Penal Code.

SECTION 10. Article 14.03, Code of Criminal Procedure, is

amended by adding Subsection (i) to read as follows:

(i) Notwithstanding Subsection (a), (d), or (g), a peace

officer may not, without a warrant, arrest a person who only commits

one or more offenses punishable by fine only, other than an offense

under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,

Penal Code.

SECTION 11. 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 fine only , other than an offense under Section 49.02,

Penal Code, shall [ may ], instead of taking the person before a

magistrate, issue a citation to the person that contains:

(1) written notice of the time and place the person

must appear before a magistrate;

(2) the name and address of the person charged;

(3) the offense charged;

(4) information regarding the alternatives to the full

payment of any fine or costs assessed against the person, if the

person is convicted of the offense and is unable to pay that amount;

and

(5) 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) Notwithstanding Subsection (b), a peace officer who

is charging a person, including a child, with committing an offense

that is a misdemeanor under Section 22.01(a)(2) or (3), Penal Code,

punishable by fine only may, instead of taking the person before a

magistrate, issue a citation to the person that contains all of the

information required for a citation issued under Subsection (b).

SECTION 12. The heading to Article 38.141, Code of Criminal

Procedure, is amended to read as follows:

Art. 38.141. CORROBORATION REQUIRED FOR CERTAIN TESTIMONY

RELATING TO COVERT LAW ENFORCEMENT ACTIVITY [ OF UNDERCOVER PEACE

OFFICER OR SPECIAL INVESTIGATOR ].

SECTION 13. Article 38.141(a), Code of Criminal Procedure,

is amended to read as follows:

(a) A defendant may not be convicted of an offense under

Chapter 481, Health and Safety Code, on the testimony of a person

who is [ not a licensed peace officer or a special investigator but

who is ] acting covertly on behalf of a law enforcement agency or

under the color of law enforcement unless the testimony is

corroborated by other evidence tending to connect the defendant

with the offense committed.

SECTION 14. Subchapter B, Chapter 142, Local Government

Code, is amended by adding Section 142.0605 to read as follows:

Sec. 142.0605. PROGRESSIVE DISCIPLINARY MATRIX. (a) A

public employer shall implement a progressive disciplinary matrix,

as described by Section 143.0511, for municipal police officers if

the municipality has not adopted Chapter 143.

(b) The public employer shall adopt rules necessary to

implement the progressive disciplinary matrix.

SECTION 15. 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:

(1) must implement the progressive disciplinary

matrix established under Section 142.0605 or 143.0511; and

(2) may not conflict with and does not supersede a

statute, ordinance, order, civil service provision, or rule

concerning the disciplinary actions that may be imposed on a police

officer under the progressive disciplinary matrix.

SECTION 16. Section 143.003, Local Government Code, is

amended by adding Subdivision (6) to read as follows:

(6) "Progressive disciplinary matrix" means a formal

schedule for disciplinary actions that may be taken against a

police officer as described by Section 143.0511.

SECTION 17. Section 143.008, Local Government Code, is

amended by amending Subsection (c) and adding Subsection (c-1) to

read as follows:

(c) The commission shall adopt rules that prescribe cause

for removal or suspension of a fire fighter [ or police officer ].

The rules must comply with the grounds for removal prescribed by

Section 143.051.

(c-1) The commission shall adopt rules that prescribe the

disciplinary actions that may be taken against a police officer

under a progressive disciplinary matrix.

SECTION 18. Subchapter D, Chapter 143, Local Government

Code, is amended by adding Section 143.0511 to read as follows:

Sec. 143.0511. PROGRESSIVE DISCIPLINARY MATRIX. (a) The

commission shall implement a progressive disciplinary matrix for

infractions committed by police officers that consists of a range

of progressive disciplinary actions applied in a standardized way

based on the nature of the infraction and the officer's prior

conduct record, including removal, suspension, change of duty or

assignment, demotion, deduction of points from a promotional

examination grade, retraining, a written warning, or a written

reprimand.

(b) The progressive disciplinary matrix must include:

(1) standards for disciplinary actions relating to the

use of force against another person, including the failure to

de-escalate force incidents in accordance with departmental

policy;

(2) standards for evaluating the level of discipline

appropriate for uncommon infractions; and

(3) presumptive actions to be taken for each type of

infraction and any adjustment to be made based on a police officer's

previous disciplinary record.

SECTION 19. Section 143.057, Local Government Code, is

amended by amending Subsection (a) and adding Subsection (b-1) to

read as follows:

(a) In addition to the other notice requirements prescribed

by this chapter, the written notice for a promotional bypass or the

letter of disciplinary action, as applicable, issued to a fire

fighter or police officer must state that in an appeal of an

indefinite suspension, a suspension, a promotional bypass, [ or ] a

recommended demotion, or, if issued to a police officer, any other

disciplinary sanction, the appealing fire fighter or police officer

may elect to appeal to an independent third party hearing examiner

instead of to the commission. The letter must also state that if

the fire fighter or police officer elects to appeal to a hearing

examiner, the person waives all rights to appeal to a district court

except as provided by Subsection (j).

(b-1) A hearing examiner must presume a disciplinary action

applied to a police officer under a progressive disciplinary matrix

is reasonable unless the facts indicate that the department

inappropriately applied a category of offense to the particular

violation.

SECTION 20. 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:

(1) must implement the progressive disciplinary

matrix established under Section 143.0511; and

(2) may not conflict with and does not supersede a

statute, order, ordinance, or rule concerning the disciplinary

actions that may be imposed on a police officer under the

progressive disciplinary matrix.

SECTION 21. 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 affecting police

officers:

(1) must implement the progressive disciplinary

matrix established under Section 143.0511; and

(2) may not conflict with and does not supersede an

ordinance, order, statute, or rule concerning the disciplinary

actions that may be imposed on a police officer under the

progressive disciplinary matrix.

SECTION 22. 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) An agreement under this chapter may not conflict with an

ordinance, order, statute, or rule concerning the disciplinary

actions that may be imposed on municipal police officers under a

progressive disciplinary matrix implemented by the municipal

public employer.

SECTION 23. Section 174.006, Local Government Code, is

amended by amending Subsection (a) and adding Subsection (a-1) to

read as follows:

(a) Except as provided by Subsection (a-1), a [ A ] state or

local civil service provision prevails over a collective bargaining

contract under this chapter unless the collective bargaining

contract specifically provides otherwise.

(a-1) A collective bargaining contract affecting municipal

police officers may not conflict with a state or local civil service

provision implementing a progressive disciplinary matrix under

this chapter or other law.

SECTION 24. Subchapter B, Chapter 174, Local Government

Code, is amended by adding Section 174.024 to read as follows:

Sec. 174.024. PROGRESSIVE DISCIPLINARY MATRIX FOR CERTAIN

POLICE OFFICERS. (a) A municipal public employer shall implement a

progressive disciplinary matrix, as described by Section 143.0511,

for municipal police officers if the municipality has not adopted

Chapter 143.

(b) The municipal public employer shall adopt rules

necessary to implement the progressive disciplinary matrix.

SECTION 25. Section 1701.2551(b), Occupations Code, is

amended to read as follows:

(b) The basic peace officer training course must include

training on:

(1) the prohibition against the intentional use of a

choke hold, carotid artery hold, or similar neck restraint during a

search or arrest by a peace officer as prescribed by Article

2B.0252, Code of Criminal Procedure [ in searching or arresting a

person, unless the officer reasonably believes the restraint is

necessary to prevent serious bodily injury to or the death of the

peace officer or another person ];

(2) the duty of a peace officer to intervene to stop or

prevent another peace officer from using force against a person

suspected of committing an offense if:

(A) the amount of force exceeds that which is

reasonable under the circumstances; and

(B) the officer knows or should know that the

other officer's use of force:

(i) violates state or federal law;

(ii) puts a person at risk of bodily injury,

as that term is defined by Section 1.07, Penal Code, and is not

immediately necessary to avoid imminent bodily injury to a peace

officer or other person; and

(iii) is not required to apprehend the

person suspected of committing an offense; and

(3) the duty of a peace officer [ who encounters an

injured person while discharging the officer's official duties ] to

[ immediately and as necessary ] request [ emergency medical services

personnel to provide the person with emergency medical services ]

and render [ , while waiting for emergency medical services

personnel to arrive, provide first ] aid for an injured [ or

treatment to the ] person as prescribed by Article 2B.0301, Code of

Criminal Procedure [ to the extent of the officer's skills and

training, unless the request for emergency medical services

personnel or the provision of first aid or treatment would expose

the officer or another person to a risk of bodily injury or the

officer is injured and physically unable to make the request or

provide the treatment ].

SECTION 26. Section 1701.269(b), Occupations Code, is

amended to read as follows:

(b) The model training curriculum and model policies

developed under Subsection (a) must include curriculum and policies

regarding :

(1) the prohibition against the intentional

[ curriculum and policies for banning the ] use of a choke hold,

carotid artery hold, or similar neck restraint during a search or

arrest by a peace officer as prescribed by Article 2B.0252, Code of

Criminal Procedure [ in searching or arresting a person, unless the

officer reasonably believes the restraint is necessary to prevent

serious bodily injury to or the death of the peace officer or

another person ];

(2) [ curriculum and policies regarding ] the duty of a

peace officer to intervene to stop or prevent another peace officer

from using force against a person suspected of committing an

offense if:

(A) the amount of force exceeds that which is

reasonable under the circumstances; and

(B) the officer knows or should know that the

other officer's use of force:

(i) violates state or federal law;

(ii) puts a person at risk of bodily injury,

as that term is defined by Section 1.07, Penal Code, and is not

immediately necessary to avoid imminent bodily injury to a peace

officer or other person; and

(iii) is not required to apprehend the

person suspected of committing an offense; and

(3) [ curriculum and policies regarding ] the duty of a

peace officer [ who encounters an injured person while discharging

the officer's official duties ] to [ immediately and as necessary ]

request [ emergency medical services personnel to provide the person

with emergency medical services ] and render [ , while waiting for

emergency medical services personnel to arrive, provide first ] aid

for an injured [ or treatment to the ] person as prescribed by Article

2B.0301, Code of Criminal Procedure [ to the extent of the officer's

skills and training, unless the request for emergency medical

services personnel or the provision of first aid or treatment would

expose the officer or another person to a risk of bodily injury or

the officer is injured and physically unable to make the request or

provide the treatment ].

SECTION 27. Sections 9.51(a), (b), (c), and (d), Penal

Code, are amended to read as follows:

(a) A peace officer, or a person acting in a peace officer's

presence and at the officer's [ his ] direction, is justified in

using nonlethal force against another when and to the degree [ the

actor reasonably believes ] the force is immediately necessary to

make or assist in making an arrest or search, or to prevent or

assist in preventing escape after arrest, if:

(1) the actor reasonably believes the arrest or search

is lawful or, if the arrest or search is made under a warrant, the

actor [ he ] reasonably believes the warrant is valid; [ and ]

(2) before using force, the actor :

(A) manifests the actor's [ his ] purpose to arrest

or search and identifies the actor [ himself ] as a peace officer or

as a person [ one ] acting at a peace officer's direction, unless the

actor [ he ] reasonably believes the actor's [ his ] purpose and

identity are already known by or cannot reasonably be made known to

the person for whom the arrest or search is authorized;

(B) attempts to de-escalate the situation; and

(C) issues a warning that force will be used;

(3) the force used is proportionate to the threat

posed and to the seriousness of the alleged offense;

(4) the actor immediately terminates the use of force

the moment the person against whom force is used becomes compliant

or is subdued; and

(5) the use of force does not present a serious risk of

injury to any person other than the actor or the person against whom

the force is used [ to be arrested ].

(b) A person who is not [ other than ] a peace officer [ ( ] or

[ one ] acting at a peace officer's [ his ] direction [ ) ] is justified

in using nonlethal force against another when and to the degree [ the

actor reasonably believes ] the force is immediately necessary to

make or assist in making a lawful arrest, or to prevent or assist in

preventing escape after lawful arrest if :

(1) [ , ] before using force, the actor :

(A) manifests the actor's [ his ] purpose to arrest

and the reason for the arrest or reasonably believes the actor's

[ his ] purpose and the reason are already known by or cannot

reasonably be made known to the person for whom arrest is

authorized;

(B) attempts to de-escalate the situation; and

(C) issues a warning that force will be used;

(2) the force used is proportionate to the threat

posed and to the seriousness of the alleged offense;

(3) the actor immediately terminates the use of force

the moment the person against whom force is used becomes compliant

or is subdued; and

(4) the use of force does not present a serious risk of

injury to any person other than the actor or the person against whom

the force is used [ to be arrested ].

(c) A peace officer is only justified in using deadly force

against another when and to the degree [ the peace officer

reasonably believes ] the deadly force is immediately necessary to

make an arrest, or to prevent escape after arrest, if the use of

force would have been justified under Subsection (a) and:

(1) [ the actor reasonably believes the conduct for

which arrest is authorized included the use or attempted use of

deadly force; or

[ (2) the actor reasonably believes there is a

substantial risk that ] the person for whom arrest is authorized

poses an imminent threat of [ to be arrested will cause ] death or

serious bodily injury to the actor or another ;

(2) the deadly force is used only against the person

for whom arrest is authorized;

(3) the actor immediately terminates the use of deadly

force the moment the imminent threat of death or serious bodily

injury is eliminated; and

(4) no lesser degree of force could have eliminated

the imminent threat of death or serious bodily injury [ if the arrest

is delayed ].

(d) A person who is not [ other than ] a peace officer but is

acting in a peace officer's presence and at the officer's [ his ]

direction is justified in using deadly force against another when

and to the degree [ the person reasonably believes ] the deadly force

is immediately necessary to make a lawful arrest, or to prevent

escape after a lawful arrest, if the use of force would have been

justified under Subsection (b) and:

(1) [ the actor reasonably believes the felony or

offense against the public peace for which arrest is authorized

included the use or attempted use of deadly force; or

[ (2) the actor reasonably believes there is a

substantial risk that ] the person for whom arrest is authorized

poses an imminent threat of [ to be arrested will cause ] death or

serious bodily injury to another ;

(2) the deadly force is used only against the person

for whom arrest is authorized;

(3) the actor immediately terminates the use of deadly

force the moment the imminent threat of death or serious bodily

injury is eliminated; and

(4) no lesser degree of force could have eliminated

the imminent threat of death or serious bodily injury [ if the arrest

is delayed ].

SECTION 28. Subchapter E, Chapter 9, Penal Code, is amended

by adding Section 9.515 to read as follows:

Sec. 9.515. PROHIBITED TECHNIQUES. Notwithstanding any

other law, the use of force or deadly force against a person is not

justified under Section 9.51 if the force or deadly force is used in

a manner that impedes the normal breathing or circulation of the

blood of the person by applying pressure to the person's throat or

neck or by blocking the person's nose or mouth.

SECTION 29. Section 543.001, Transportation Code, is

amended to read as follows:

Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace

officer may arrest without warrant a person found committing a

violation of this subtitle , other than a person found only

committing one or more misdemeanors punishable by fine only .

SECTION 30. 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 a misdemeanor under this

subtitle that is punishable by fine only [ :

[ (A) speeding;

[ (B) the use of a wireless communication device

under Section 545.4251; or

[ (C) a violation of the open container law,

Section 49.031, Penal Code ]; and

(2) the person makes a written promise to appear in

court as provided by Section 543.005.

SECTION 31. The following laws are repealed:

(1) Article 2B.0253(a)(2), Code of Criminal

Procedure;

(2) Article 38.141(c), Code of Criminal Procedure; and

(3) Section 9.51(e), Penal Code.

SECTION 32. Chapter 118, Civil Practice and Remedies Code,

as added by this Act, applies only to a cause of action that accrues

on or after the effective date of this Act.

SECTION 33. (a) Not later than January 1, 2026, Texas

Southern University shall publish the model policies required by

Articles 2B.0222(a) and 2B.0254(a), Code of Criminal Procedure, as

added by this Act.

(b) Not later than March 1, 2026, each law enforcement

agency in this state shall adopt the policies required by Articles

2B.0222(b) and 2B.0254(d), Code of Criminal Procedure, as added by

this Act.

SECTION 34. Articles 14.01, 14.03, and 14.06, Code of

Criminal Procedure, as amended by this Act, Section 9.515, Penal

Code, as added by this Act, and Sections 543.001 and 543.004,

Transportation Code, as amended by this Act, 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 Act if any element of the offense occurred before that date.

SECTION 35. Article 38.141, Code of Criminal Procedure, as

amended by this Act, applies to any case in which a judgment is

entered on or after the effective date of this Act. A case in which

a judgment is entered before the effective date of this Act is

governed by the law in effect on the date the judgment was entered,

and the former law is continued in effect for that purpose.

SECTION 36. The changes in law made by this Act to the Local

Government Code apply only to a disciplinary action for conduct

that occurs on or after March 1, 2026. Conduct that occurs before

that date is governed by the law in effect immediately before that

date, and the former law is continued in effect for that purpose.

SECTION 37. Sections 142.067(b), 143.307(d), 143.361(d),

174.005(b), and 174.006(a-1), Local Government Code, as added by

this Act, apply only to an agreement entered into or renewed on or

after March 1, 2026. An agreement entered into or renewed before

March 1, 2026, 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 38. (a) The Bill Blackwood Law Enforcement

Management Institute of Texas shall consult with law enforcement

agencies of all sizes, law enforcement associations, law

enforcement training experts, and appropriate organizations

engaged in the development of law enforcement policy to develop a

model progressive disciplinary matrix, as defined by Section

143.003(6), Local Government Code, as added by this Act, and

associated training materials regarding the application of that

matrix. The institute shall provide for a period of public comment

before adopting the model progressive disciplinary matrix and

training materials.

(b) Not later than January 1, 2026, the institute shall

adopt and disseminate the model progressive disciplinary matrix and

training materials to all law enforcement agencies and civil

service commissions in this state.

(c) This section expires September 1, 2026.

SECTION 39. Section 9.51, Penal Code, as amended by this

Act, applies only to use of force that occurs on or after March 1,

2026.

SECTION 40. This Act takes effect September 1, 2025.