Bill Text: TX HB579 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the administration and deployment of special weapons and tactics teams.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-01 - Referred to Homeland Security & Public Safety [HB579 Detail]
Download: Texas-2021-HB579-Introduced.html
87R3424 JSC-F | ||
By: Dutton | H.B. No. 579 |
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relating to the administration and deployment of special weapons | ||
and tactics teams. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 1701, Occupations Code, is amended by | ||
adding Subchapter P to read as follows: | ||
SUBCHAPTER P. SPECIAL WEAPONS AND TACTICS TEAMS | ||
Sec. 1701.751. DEFINITIONS. In this subchapter: | ||
(1) "Body worn camera" has the meaning assigned by | ||
Section 1701.651. | ||
(2) "Special weapons and tactics team" or "SWAT team" | ||
means a designated team of law enforcement officers who are | ||
specifically trained and equipped to work as a coordinated team to | ||
respond to critical incidents, including barricaded suspects, | ||
snipers, terrorist acts, the taking of hostages, and other | ||
high-risk incidents. The term applies regardless of the name the | ||
law enforcement agency gives to the team. | ||
Sec. 1701.752. PROVISION OF BODY WORN CAMERAS TO SWAT | ||
TEAMS. (a) A law enforcement agency may not create or administer a | ||
SWAT team unless: | ||
(1) each law enforcement officer on that team is | ||
equipped with a body worn camera; and | ||
(2) the law enforcement agency establishes policies | ||
and procedures to ensure that body worn cameras: | ||
(A) are activated and recording during all team | ||
action; and | ||
(B) continue recording until: | ||
(i) all suspects present at the scene have | ||
been arrested or released from custody; or | ||
(ii) all law enforcement personnel have | ||
left the premises. | ||
(b) Body worn camera video is subject to requirements | ||
provided by or adopted pursuant to Sections 1701.655 and 1701.755. | ||
Sec. 1701.753. STANDARDS FOR DEPLOYMENT OF SWAT TEAMS. (a) | ||
A law enforcement agency administering a SWAT team shall adopt a | ||
policy designed to limit the deployment of that team to situations | ||
involving an imminent threat of serious bodily injury to law | ||
enforcement officers or the public. | ||
(b) The decision to deploy a SWAT team must be based on | ||
consideration of: | ||
(1) any available evidence indicating an imminent | ||
threat to a person or officer; and | ||
(2) whether conditions are such that the suspect | ||
cannot reasonably be apprehended using routine methods. | ||
(c) The existence of a legally owned firearm in the home of | ||
an individual does not in itself constitute evidence of an imminent | ||
threat. | ||
(d) When a SWAT team is deployed for a planned warrant | ||
service or for an incident not involving ongoing violence: | ||
(1) the basis for believing an imminent threat exists | ||
must be reviewed and approved by a supervisor at the level of | ||
captain or above before the deployment occurs; and | ||
(2) the supervisor described by Subdivision (1) must | ||
provide in advance of the deployment written justification for any | ||
execution of a warrant after sunset and before sunrise. | ||
Sec. 1701.754. REPORTS REQUIRED FOR SWAT TEAM DEPLOYMENTS. | ||
(a) Each law enforcement agency administering a SWAT team shall | ||
annually report information about team deployments and training to | ||
the agency's local governing body. | ||
(b) The commission by rule shall create: | ||
(1) a training curriculum and standards for | ||
certification as a SWAT team member; | ||
(2) continuing education requirements for SWAT team | ||
certified officers; | ||
(3) in-service training requirements to be completed | ||
as a SWAT team; and | ||
(4) a form for use by law enforcement agencies for | ||
reporting to the local governing body as required by Subsection | ||
(a). | ||
(c) The report to the local governing body under Subsection | ||
(a) must include: | ||
(1) each date on which the SWAT team was deployed; | ||
(2) the location for each incident involving the | ||
deployment of the SWAT team; | ||
(3) the specific reason for the deployment, including | ||
a short description of the evidence of an imminent threat or the | ||
existence of a tip by an undercover or anonymous informant; | ||
(4) a listing of military or forcible entry equipment | ||
used, if any; | ||
(5) if known, the age, gender, and race or ethnicity of | ||
each injured or deceased person involved in the incident; | ||
(6) a list of any controlled substances, weapons, | ||
contraband, or other evidence of crime seized from the premises or | ||
from any persons; | ||
(7) whether any person used, exhibited, or carried a | ||
deadly weapon during the incident; | ||
(8) whether the incident occurred as a result of an | ||
investigation of an offense involving a controlled substance; and | ||
(9) the training and education completed by the SWAT | ||
team collectively and for the SWAT team certified officers | ||
individually. | ||
Sec. 1701.755. VIDEO OR AUDIO RECORDINGS OF PERSONS INJURED | ||
BY SWAT TEAM. A person who suffers serious bodily injury as a | ||
result of a SWAT team action, or an immediate family member of a | ||
person who suffered serious bodily injury or died as a result of a | ||
SWAT team action, is entitled to receive a copy of any video or | ||
audio recording made by the team and containing footage of the | ||
action. The person or family member must submit a request for the | ||
recording to the law enforcement agency administering the | ||
applicable SWAT team. | ||
SECTION 2. The Texas Commission on Law Enforcement shall | ||
adopt the rules required by Section 1701.754, Occupations Code, as | ||
added by this Act, not later than December 1, 2021. | ||
SECTION 3. A law enforcement agency that administers a SWAT | ||
team on or after the effective date of this Act is not required to | ||
comply with Subchapter P, Chapter 1701, Occupations Code, as added | ||
by this Act, before March 1, 2022. | ||
SECTION 4. This Act takes effect September 1, 2021. |