Hundreds of bills filed that could impact Texas’ Finest | CLEAT
On Friday, March 12, 2021, the deadline for members of the legislature to file new bills came and went. Members of the Texas House filed over 4,500 separate bills while members of the Senate filed over 2,100.
Of these, CLEAT has identified 110 bills that negatively affect law enforcement, the ability to do the job, or the benefits and working conditions that we officers deserve. An additional 200 plus bills are being closely watched to determine their impact on the law enforcement profession.
Below are the 19 CLEAT bills that have been filed as a result of our work with Representatives and Senators:
| Bill Number | Bill Author | Bill Summary |
|---|---|---|
| HB 2485 | Rep. Abel Herrero (D) | Exemption of certain firefighters and police officers from jury service. |
| HB 3259 | Rep. Scott Sanford | The employment of certain peace officers, detention officers, county jailers, or firefighters who are injured in the course and scope of duty. |
| HB 2561 | Rep. Armando Martinez (D) | Deputy sheriff civil service appeals of certain sheriff’s department’s actions. |
| HB 1217 | Rep. Mary Ann Perez (D) | The est. of a constable’s dept. civil service system in certain counties. |
| HB 3014 | Rep. Eddie Lucio, III (D) | The right of one immediate family member of certain deceased peace officers to make an oral statement regarding the terms of a plea bargain agreement. |
| SCR 107 | Senator Bryan Hughes | Urging Congress to repeal the Government Pension Offset and the Windfall Elimination Provision of the Social Security Act. |
| HCR 43 | Rep. Abel Herrero (D) | Urging Congress to repeal the Government Pension Offset and the Windfall Elimination Provision of the Social Security Act. |
| SB 107 | Senator Beverly Powell (D) | COVID Presumption |
| HB 2002 | Rep. Scott Sanford | PTSD Bill |
| HB 1326 | Rep. Charlie Geren | Special Courts for public safety employees |
| HB 1440 | Rep. Matt Shaeffer | Relating to personal records of retired law enforcement |
| HB 1509 | Rep. Jim Murphy | Enhancement bill |
| HB 1747 | Rep. J.M. Lozano (D) | COVID Vaccine Bill for first responders |
| HB 3816 | Rep. Todd Hunter | COVID Presumption |
| SB 198 | Senator Jane Nelson | Retiree weapons proficiency |
| HB 3926 & HB 3927 | Rep. Cole Hefner | E-Tag (Officer Safety) |
| HB 3831 & SB 1894 | Rep. Charlie Geren & Senator Brandon Creighton | Brady Bill |
COVID-19
In addition to the COVID bills listed in the table above, Texas legislators have filed 11 additional COVID-related bills that would positively benefit first responders and their families.
Our number one concern this session is to ensure that first responders who have contracted COVID-19 are taken care of and given the support that is due. We are also fighting for the families of first responders who have passed away due to COVID-19. We want to ensure that the fallen officers’ families receive the workers compensation and line of death benefits they deserve.
In order to do that, we are seeking legislation that would provide a presumption that any first responder, peace officer, detention officer, or corrections officer who contracts/has contracted COVID-19 did so in the line of duty.
The goal is to retroactively cover anyone (listed above) who has been affected by COVID-19 since the pandemic first began. In addition, if the first responder or officer has died, their families will receive the workers compensation benefits they are owed.
The following bills seek to address issues with COVID-19: (Links are to the bills on Texas Legislature Online)
| Bill Number | Bill Author | Bill Summary |
|---|---|---|
| HB 3 | Rep. Dustin Burrows | Relating to state and local government responses to a pandemic disaster. |
| HB 34 | Rep. Terry Canales (D) | Relating to presumptive coverage for first responders that contract COVID-19. |
| HB 541 | Rep. Jared Patterson | Relating to a presumption in regard to the eligibility of public safety employees who have contracted coronavirus disease (COVID-19) for certain benefits. |
| HB 637 | Rep. Terry Canales (D) | Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees. |
| HB 1498 | Rep. Armando Martinez (D) | Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees. |
| HB 2073 | Rep. Dustin Burrows | Relating to quarantine leave for firefighters, peace officers, and emergency medical technicians employed by, appointed by, or elected for a political subdivision. |
| HB 4301 | Rep. Jay Dean | Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees. |
| SB 22 | Senator Drew Springer | Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees. |
| SB 463 | Senator Eddie Lucio (D) | Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees. |
| SB 527 | Senator Drew Springer | Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees. |
| SB 1401 | Senator Drew Springer | Relating to quarantine leave for firefighters, peace officers, and emergency medical technicians employed by, appointed by, or elected for a political subdivision. |
Brady Lists
Another top priority is due process with regards to officers being placed on a “Brady List” by their District Attorney.
This happens when the department reports misconduct by the officer to the D.A. or when the D.A. independently makes the decision to put an officer on the list.
Once on the list, it effectively means that the officer is not considered credible and can’t testify in a criminal case being prosecuted by the D.A.
What does this mean for an officer?
Being placed on a Brady List can end an officer’s career if they are not able to file or testify in cases. The problem arises when a D.A. places an officer on a Brady List based on unsubstantiated or non-sustained allegations of misconduct.
Additionally, once an officer is on a Brady List, it is virtually impossible to be removed from the list, even if the officer wins an appeal regarding the allegations of misconduct.
What can be done?
CLEAT has tried to resolve this issue informally in the past but has run into roadblock after roadblock from all parties involved. During this session, we asked for legislation that would provide due process to officers placed on Brady Lists.
Since then, two bills have been filed that would provide officers a hearing through the State Office of Administrative Hearings (SOAH) if they felt they were unjustly placed on a Brady List.
Brady Bill List
| Bill Number | Bill Author | Bill Summary |
|---|---|---|
| HB 3831 | Rep. Charlie Geren | Relating to a limitation on the use of certain unsubstantiated information relating to peace officer misconduct. |
| SB 1894 | Senator Brandon Creighton | Relating to a limitation on the use of certain unsubstantiated information relating to peace officer misconduct. |
Police Reform
As you can imagine, with the environment we are working in today, many legislators found the need to file some bill to address “police reform”. Many center around the George Floyd case, but not all of them. Bills were filed to address a wide range of issues. Space does not allow us to cover them all, but here are the ones we are most concerned with. Some are reasonable changes and others are not.
Qualified Immunity Bill List
| Bill Number | Bill Author | Bill Summary | CLEAT Position |
|---|---|---|---|
| HB 88 | Rep. Senfronia Thompson (D) | Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public. | Oppose |
| HB 614 | Rep. Senfronia Thompson (D) | Relating to a cause of action for deprivation of certain rights, privileges, or immunities under color of law. | Oppose |
| HB 2549 | Rep. Harold Dutton (D) | Relating to suits against certain governmental employees. | Oppose |
| HB 3602 | Rep. Ron Reynolds (D) | Relating to peace officers and the investigation and prosecution of criminal offenses. | Oppose |
| SB 1224 | Senator Royce West (D) | Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses. | Oppose |
Chokehold & Neck Restraints Bill List
| Bill Number | Bill Author | Bill Summary | CLEAT Position |
|---|---|---|---|
| HB 831 | Rep. Senfronia Thompson (D) | Relating to prohibiting the use of certain techniques when using force to make an arrest or search. | Oppose |
| SB 1600 | Senator Joan Huffman | Relating to prohibiting peace officers from using neck restraints during a search or arrest. | Oppose |
Duty to Intervene Bill List
| Bill Number | Bill Author | Bill Summary | CLEAT Position |
|---|---|---|---|
| HB 563 | Rep. Terry Meza (D) | Relating to law enforcement policies requiring a peace officer to intervene when another peace officer uses excessive force or commits an offense. | Watching |
| HB 832 | Rep. Senfronia Thompson (D) | Relating to the duties and powers of peace officers. | Oppose |
| HB 2011 | Rep. Ron Reynolds (D) | Relating to a duty for peace officers to intervene and make a report when a peace officer uses excessive force. | Watching |
| SB 1601 | Senator Joan Huffman | Relating to a duty for peace officers to intervene and make a report when a peace officer uses excessive force. | Support |
Hiring Practices & TCOLE Termination Reports (F5) Bill List
| Bill Number | Bill Author | Bill Summary | CLEAT Position |
|---|---|---|---|
| HB 8 | Rep. Leo Pacheco (D) | AN ACT relating to access by a hiring law enforcement agency to an applicant’s employment records. | Watching |
| HB 600 | Rep. Johnson Jarvis (D) | Relating to the regular psychological examination of peace officers. | Oppose |
| HB 709 | Rep. Phil King | Relating to employment records of certain persons licensed by the Texas Commission on Law Enforcement. | Watching |
| HB 1928 | Rep. Terry Wilson | Relating to employment information and records regarding certain persons licensed by the Texas Commission on Law Enforcement. | Watching |
| HB 2844 | Rep. Vikki Goodwin | Relating to certain persons licensed by the Texas Commission on Law Enforcement. | Oppose |
| HB 4286 | Rep. Ken King | Relating to procedures for and the consequences of the dishonorable discharge of certain peace officers. | Oppose |
| HB 4468 | Rep. Joe Deshotel (D) | Relating to certain grounds for revocation of a peace officer license. | Oppose |
| SB 24 | Senator Joan Huffman | Relating to the procedures required before a law enforcement agency hires a peace officer. | Watching |
| SB 1268 | Senator Royce West | Relating to an employment termination report and other records submitted to the Texas Commission on Law Enforcement by a law enforcement agency. | Opposing |
Cite & Release (Fine Only Arrests) Bill List
| Bill Number | Bill Author | Bill Summary | CLEAT Position |
|---|---|---|---|
| HB 175 | Rep. Shawn Thierry (D) | Relating to the authority to arrest a person without a warrant. | Watching |
| HB 274 | Rep. Terry Meza (D) | Relating to a limitation on the authority to arrest a person for certain misdemeanors punishable by fine only. | Oppose |
| HB 830 | Rep. Senfronia Thompson (D) | Relating to law enforcement policies regarding the issuance of citations for misdemeanors punishable by fine only and to a limitation on the authority to arrest. | Oppose |
| HB 2588 | Rep. Jasmine Crockett (D) | Relating to a limitation on the authority to arrest a person for certain misdemeanors. | Oppose |
| HB 3316 | Rep. Jasmine Crockett (D) | Relating to the duties of peace officers investigating a family violence allegation or responding to a disturbance call that may involve family violence. | Oppose |
| HB 4145 | Rep. Garnet Coleman (D) | Relating to criminal justice. | Oppose |
Complaints, Investigations & Civil Service Bill List
| Bill Number | Bill Author | Bill Summary | CLEAT Position |
|---|---|---|---|
| HB 184 | Rep. Shawn Thierry (D) | Relating to civilian complaint review boards in certain municipalities and counties. | Oppose |
| HB 715 | Rep. Ron Reynolds (D) | Relating to the appointment by the attorney general of a special prosecutor to prosecute certain offenses that are committed by certain peace officers and that result in serious bodily injury or death. | Oppose |
| HB 829 | Rep. Senfronia Thompson (D) | Relating to a progressive disciplinary matrix for police officer misconduct in certain municipalities. | Watching |
| HB 959 | Rep. Ron Reynolds (D) | Relating to municipal civilian complaint review boards in certain municipalities. | Oppose |
| HB 1087 | Rep. Barbara Gervin-Hawkins (D) | Relating to acts for which a firefighter or police officer in certain municipalities may be subject to disciplinary procedures. | Oppose |
| HB 1216 | Rep. Gina Hinojosa (D) | Relating to civil service commission hearings for certain disciplinary actions against police officers in certain municipalities. | Oppose |
| HB 1351 | Rep. Ina Minjarez (D) | Relating to eligibility requirements for arbitrators selected to hear certain disciplinary appeals filed by police officers. | Oppose |
| HB 1396 | Rep. James White (D) | Relating to law enforcement agencies and policies and procedures affecting peace officers. | Watching |
| HB 1940 | Rep. Barbara Gervin-Hawkins (D) | Relating to the appeal to a civil service commission of a disciplinary suspension of a firefighter or police officer in certain municipalities. | Oppose |
| HB 2008 | Rep. Ron Reynolds (D) | Relating to the suspension of the license of a dishonorably discharged law enforcement officer. | Oppose |
| HB 2572 | Rep. Ron Reynolds (D) | Relating to the creation of the office of law enforcement oversight. | Oppose |
| HB 2655 | Rep. Jasmine Crockett (D) | Relating to a Department of Public Safety database concerning peace officer misconduct. | Oppose |
| HB 4438 | Rep. Julie Johnson (D) | Relating to the appeal to a hearing examiner of a promotional bypass or disciplinary action taken against a police officer in certain municipalities. | Oppose |
| SB 67 | Senator Borris Miles (D) | Relating to municipal civilian complaint review boards in certain municipalities. | Oppose |
| SB 333 | Senator Nathan Johnson (D) | Relating to the disciplinary suspension of police officers in certain municipalities | Oppose |
| SB 485 | Senator Chuy Hinojosa (D) | Relating to the powers and duties of the Texas Commission on Law Enforcement. | Oppose |
| SB 1805 | Senator Nathan Johnson (D) | Relating to municipal civil service for firefighters and police officers. | Oppose |
| SB 2055 | Senator Jose Menendez (D) | Relating to a Texas Commission on Law Enforcement database concerning peace officer misconduct. | Oppose |
Transparency & Body Worn Camera Bill List
| Bill Number | Bill Author | Bill Summary | CLEAT Position |
|---|---|---|---|
| HB 929 | Rep. Carl Sherman (D) | Relating to the investigation and prosecution of criminal offenses and to certain recordings created by peace officers during an investigation or other law enforcement activity. | Oppose |
| HB 1563 | Rep. Barbara Gervin-Hawkins (D) | Relating to the disclosure of information in department files of firefighters or police officers in certain municipalities. | Oppose |
| HB 1757 | Rep. Matt Krause | Relating to recordings of peace officer performance of official duties and interactions with the public. | Oppose |
| HB 2383 | Rep. Joe Moody (D) | Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law. | Oppose |
| HB 2474 | Rep. Shawn Thierry (D) | Relating to the retention of and the required disclosure under the public information law of certain complaints alleging official oppression. | Oppose |
| HB 2511 | Rep. Terry Meza (D) | Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law. | Oppose |
| HB 3654 | Rep. Eddie Rodriguez (D) | Relating to the powers and duties of the Texas Commission on Law Enforcement and law enforcement agencies regarding law enforcement officers and the use of body cameras. | Oppose |
| HB 4174 | Rep. Mayes Middleton | Relating to disclosure under the public information law of video evidence of a crime that resulted in the death of a person to the deceased person’s next of kin. | Watching |
| SB 66 | Senator Borris Miles (D) | Relating to the retention of and the required disclosure under the public information law of certain complaints alleging official oppression. | Oppose |
| SB 972 | Senator Royce West (D) | Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law. | Oppose |
| SB 973 | Senator Royce West (D) | Relating to the release of recordings made by peace officers using body worn cameras. | Oppose |
| SB 974 | Senator Royce West (D) | Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law. | Oppose |
| SB 975 | Senator Royce West (D) | Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law. | Oppose |
Use of Force Bill List
| Bill Number | Bill Author | Bill Summary | CLEAT Position |
|---|---|---|---|
| HB 196 | Rep. Terry Meza (D) | Relating to the use of deadly force in defense of a person or property. | Oppose |
| HB 268 | Rep. Terry Meza (D) | Relating to prohibiting the use of certain techniques when using force to make an arrest or search. | Oppose |
| HB 346 | Rep. Toni Rose (D) | Relating to prohibiting the use of certain techniques when using force to make an arrest or search. | Oppose |
| HB 562 | Rep. Terry Meza (D) | Relating to law enforcement policies regarding de-escalation and proportionate response. | Oppose |
| HB 1642 | Rep. Carl Sherman (D) | Relating to official oppression and to law enforcement policies requiring peace officers to report certain peace officer misconduct. | Oppose |
| HB 1750 | Rep. Jasmine Crockett (D) |
Relating to the use of force or deadly force in defense of a person. |
Oppose |
| HB 1943 | Rep. Jasmine Crockett (D) | Relating to requiring law enforcement agencies to adopt policies prohibiting a peace officer from discharging a firearm at or in the direction of a moving vehicle. | Oppose |
| HB 1955 | Rep. Harold Dutton (D) | Relating to the use of deadly force to make an arrest. | Oppose |
| HB 2334 | Rep. Jasmine Crockett (D) | Relating to prohibiting a peace officer from using less-lethal devices to control the activity or movement of a nonviolent gathering of persons or disperse persons engaging in protected speech or expressive conduct. | Oppose |
| SB 65 | Senator Borris Miles (D) | Relating to increasing the criminal penalty prescribed for certain acts of official oppression. | Oppose |
| SB 70 | Senator Borris Miles (D) | Relating to use of force reporting by peace officers. | Watching |
| SB 71 | Senator Borris Miles (D) | Relating to law enforcement policies regarding the use of force by peace officers. | Watching |
| SB 747 | Senator Borris Miles (D) | Relating to law enforcement policies prohibiting a peace officer from using a chemical device against a minor. | Oppose |
| SB 1545 | Senator Royce West (D) | Relating to the use of force by peace officers and other officer interactions and duties. | Watching |
Police Procedure Bill List
| Bill Number | Bill Author | Bill Summary | CLEAT Position |
|---|---|---|---|
| HB 71 | Rep. Jarvis Johnson (D) | Relating to the authority of peace officers to conduct certain searches. | Oppose |
| HB 95 | Rep. Terry Meza (D) | Relating to requiring law enforcement agencies to adopt a policy regarding the discharge of a firearm by a peace officer at or in the direction of a moving vehicle. | Watching |
| HB 272 | Rep. Terry Meza (D) | Relating to a study of no-knock entries performed by law enforcement agencies in this state. | Watching |
| HB 345 | Rep. Toni Rose (D) | Relating to the duties and powers of peace officers. | Oppose |
| HB 492 | Rep. Gene Wu (D) | Relating to a prohibition on the issuance of a warrant authorizing the use of a no-knock entry by a peace officer. | Oppose |
| HB 496 | Rep. Gene Wu (D) | Relating to a peace officer’s duty to display and provide the officer’s name and identification number. | Oppose |
| HB 579 | Rep. Harold Dutton (D) | Relating to the administration and deployment of special weapons and tactics teams. | Oppose |
| HB 744 | Rep. Nicole Collier (D) | Relating to certain duties of law enforcement agencies concerning certain information subject to disclosure to a defendant. | Watching |
| HB 836 | Rep. Harold Dutton (D) | Relating to the charging instrument in the prosecution of the offense of resisting arrest. | Oppose |
| HB 1513 | Rep. Erin Zwiener (D) | prohibiting a peace officer from using less lethal projectiles for the purpose of controlling the activity or movement of a gathering of people. | Oppose |
| HB 1837 | Rep. Mary Gonzalez (D) | Relating to motorcycle profiling by peace officers. | Oppose |
| HB 2302 | Rep. James White (R) | Relating to the creation of the criminal offense of a peace officer making a false statement in an incident report. | Oppose |
| HB 2553 | Rep. Shawn Thierry (D) | Relating to a prohibition on the issuance of a warrant authorizing the use of a no-knock entry by a peace officer in certain municipalities. | Oppose |
| HB 2975 | Rep. Lacey Hull | Relating to prohibiting the physical restraint of certain public school students by peace officers and school security personnel under certain circumstances. | Oppose |
| SB 1544 | Senator Royce West (D) | Relating to no-knock warrants. | Watching |
Training Bill List
| Bill Number | Bill Author | Bill Summary | CLEAT Position |
|---|---|---|---|
| HB 312 | Rep. Nicole Collier (D) | Relating to training for peace officers regarding implicit bias. | Watching |
| HB 1550 | Rep. John Cyrier | Relating to the continuation and functions of the Texas Commission on Law Enforcement | Wathcing/Oppose |
| HB 1643 | Rep. Carl Sherman (D) | Relating to continuing education for and regular implicit bias testing of peace officers. | Watching |
| HB 2452 | Rep. Liz Campos (D) | Relating to law enforcement policies prohibiting a peace officer from making a motor vehicle stop on the shoulder of certain highways. | Oppose |
| HB 2778 | Rep. Ron Reynolds (D) | Relating to the model training curriculum and required training for school district peace officers and school resource officers, including the establishment of a grant program to assist officers in completing the training. | Watching |
| HB 3712 | Rep. Ed Thompson | Relating to the training and hiring of peace officers. | Watching |
On Friday, March 12, 2021, the deadline for members of the legislature to file new bills came and went. Members of the Texas House filed over 4,500 separate bills while members of the Senate filed over 2,100. Of these, CLEAT…
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