Summary: These statutes require training for Texas law enforcement in nonlethal responses to encounters with dogs.
§ 1701.253. School Curriculum
(a) The commission shall establish minimum curriculum requirements for preparatory and advanced courses and programs for schools subject to approval under Section 1701.251(c)(1).
(b) In establishing requirements under this section, the commission shall require courses and programs to provide training in:
(1) the recognition, investigation, and documentation of cases that involve child abuse and neglect, family violence, and sexual assault, including the use of best practices and trauma-informed response techniques to effectively recognize, investigate, and document those cases;
(2) issues concerning sex offender characteristics; and
(3) crime victims' rights under Chapter 56A, Code of Criminal Procedure, and Chapter 57, Family Code, and the duty of law enforcement agencies to ensure that a victim is afforded those rights.
<Text of (b-1) expires pursuant to (b-2)>
(b-1) The commission shall consult with the Sexual Assault Survivors' Task Force established under Section 772.0064, Government Code, regarding minimum curriculum requirements for training in the investigation and documentation of cases that involve sexual assault or other sex offenses.
(b-2) This subsection and Subsection (b-1) expire September 1, 2023.
(c) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on civil rights, racial sensitivity, and cultural diversity for persons licensed under this chapter.
(d) Training in documentation of cases required by Subsection (b) shall include instruction in:
(1) making a written account of the extent of injuries sustained by the victim of an alleged offense;
(2) recording by photograph or videotape the area in which an alleged offense occurred and the victim's injuries;
(3) recognizing and recording a victim's statement that may be admissible as evidence in a proceeding concerning the matter about which the statement was made; and
(4) recognizing and recording circumstances indicating that a victim may have been assaulted in the manner described by Section 22.01(b)(2)(B), Penal Code.
(e) As part of the minimum curriculum requirements relating to the vehicle and traffic laws of this state, the commission shall require an education and training program on laws relating to the operation of motorcycles and to the wearing of protective headgear by motorcycle operators and passengers. In addition, the commission shall require education and training on motorcycle operator profiling awareness and sensitivity training.
(f) Training for officers and recruits in investigation of cases required by Subsection (b)(1)(B) shall include instruction in preventing dual arrest whenever possible and conducting a thorough investigation to determine which person is the predominant aggressor when allegations of family violence from two or more opposing persons are received arising from the same incident.
(g) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on asset forfeiture under Chapter 59, Code of Criminal Procedure, for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the 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.
(h) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the 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.
(i) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on identity theft under Section 32.51, Penal Code, for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the 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 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 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.
(k) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program for officers licensed under this chapter that covers the laws of this state and of the United States pertaining to peace officers.
(l) As part of the minimum curriculum requirements, the commission shall require an officer licensed by the commission on or after January 1, 2016, to complete a canine encounter training program established by the commission under Section 1701.261. An officer shall complete the program not later than the second anniversary of the date the officer is licensed under this chapter unless the officer completes the program as part of the officer's basic training course.
(m) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on procedures for interacting with drivers who are deaf or hard of hearing, as defined by Section 81.001, Human Resources Code, including identifying specialty license plates issued to individuals who are deaf or hard of hearing under Section 504.204, Transportation Code. An officer shall complete a program established under this subsection not later than the 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.
(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 resulting in bodily injury.
(o) As part of the minimum curriculum requirements, the commission shall require an officer to complete the civilian interaction training program developed under Section 1701.268. An officer shall complete the program not later than the second anniversary of the date the officer is licensed under this chapter unless the officer completes the program as part of the officer's basic training course.
(p) As part of the minimum curriculum requirements, the commission shall require an officer to complete the basic education and training program on the trafficking of persons developed under Section 1701.258(a). An officer shall complete the program not later than the second anniversary of the date the officer is licensed under this chapter unless the officer completes the program as part of the officer's basic training course.
Credits
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 657, § 4, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 897, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 929, § 5, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 947, § 4, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1034, § 14, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, § 14.007, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1326, § 8, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 393, § 3, eff. Sept. 1, 2005; Acts 2009, 81st Leg., ch. 1172, § 12, eff. Sept. 1, 2009; Acts 2015, 84th Leg., ch. 31 (H.B. 593), § 1, eff. Sept. 1, 2015; Acts 2015, 84th Leg., ch. 642 (S.B. 1987), § 2, eff. Jan. 1, 2016; Acts 2017, 85th Leg., ch. 324 (S.B. 1488), § 24.001(31), eff. Sept. 1, 2017; Acts 2017, 85th Leg., ch. 513 (S.B. 30), § 5, eff. Sept. 1, 2017; Acts 2017, 85th Leg., ch. 950 (S.B. 1849), § 4.02, eff. Sept. 1, 2017; Acts 2019, 86th Leg., ch. 76 (S.B. 971), § 1, eff. Sept. 1, 2019; Acts 2019, 86th Leg., ch. 107 (S.B. 586), § 1, eff. Sept. 1, 2019; Acts 2019, 86th Leg., ch. 411 (H.B. 1590), § 4, eff. June 4, 2019; Acts 2019, 86th Leg., ch. 467 (H.B. 4170), § 21.001(38), eff. Sept. 1, 2019; Acts 2019, 86th Leg., ch. 469 (H.B. 4173), § 2.57, eff. Jan. 1, 2021; Acts 2019, 86th Leg., ch. 715 (H.B. 292), § 1, eff. Sept. 1, 2019.
§ 1701.261. Canine Encounter Training Program
(a) The commission shall establish a statewide comprehensive education and training program on canine encounters and canine behavior. The training program must consist of at least four hours of classroom instruction and practical training, developed and approved by the commission, that addresses:
(1) handling canine-related calls, anticipating unplanned encounters with canines, and using humane methods and tools in handling canine encounters;
(2) recognizing and understanding canine behavior;
(3) state laws related to canines;
(4) canine conflict avoidance and de-escalation;
(5) use of force continuum principles in relation to canines;
(6) using nonlethal methods, tools, and resources to avoid and defend against a canine attack; and
(7) a general overview of encounters with other animals.
(b) At least once every four years, the commission shall review the content of the training program under this section and update the program as necessary.
(c) Notwithstanding Sections 1701.253(l) and 1701.402(l), an officer who has completed at least four hours of a canine encounter training program is not required to complete the program under this section.
Credits
Added by Acts 2015, 84th Leg., ch. 31 (H.B. 593), § 2, eff. Sept. 1, 2015.
§ 1701.402. Proficiency Certificates
(a) The commission shall issue certificates that recognize proficiency based on law enforcement training, education, and experience. For this purpose the commission shall use the employment records of the employing agency.
(b) As a requirement for a basic proficiency certificate, the commission shall require completion of local courses or programs of instruction on federal and state statutes that relate to employment issues affecting peace officers, telecommunicators, and county jailers, including:
(1) civil service;
(2) compensation, including overtime compensation, and vacation time;
(3) personnel files and other employee records;
(4) management-employee relations in law enforcement organizations;
(5) work-related injuries;
(6) complaints and investigations of employee misconduct; and
(7) disciplinary actions and the appeal of disciplinary actions.
(c) An employing agency is responsible for providing the training required by this section.
(d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on asset forfeiture established by the commission under Section 1701.253(g).
(e) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(h).
(f) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on identity theft established by the commission under Section 1701.253(i).
(g) As a requirement for an intermediate proficiency certificate or an advanced proficiency certificate, an officer must complete the education and training program described by Section 1701.253 regarding de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments.
(h) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on investigative topics established by the commission under Section 1701.253(b).
(i) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on civil rights, racial sensitivity, and cultural diversity established by the commission under Section 1701.253(c).
(j) As a requirement for an intermediate or advanced proficiency certificate issued by the commission on or after January 1, 2011, an officer must complete the basic education and training program on the trafficking of persons described by Section 1701.258(a).
(k) As a requirement for an intermediate or advanced proficiency certificate issued by the commission on or after January 1, 2015, an officer must complete an education and training program on missing and exploited children. The commission by rule shall establish the program. The program must:
(1) consist of at least four hours of training;
(2) include instruction on reporting an attempted child abduction to the missing children and missing persons information clearinghouse under Chapter 63, Code of Criminal Procedure;
(3) include instruction on responding to and investigating situations in which the Internet is used to commit crimes against children; and
(4) include a review of the substance of Chapters 20 and 43, Penal Code.
(l) As a requirement for an intermediate or advanced proficiency certificate issued by the commission on or after January 1, 2016, an officer must complete the canine encounter training program established by the commission under Section 1701.261.
(m) As a requirement for an intermediate or advanced proficiency certificate issued by the commission on or after January 1, 2016, an officer must complete an education and training program on the Texas Crime Information Center's child safety check alert list established by the commission under Section 1701.266.
(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).
(o) The commission shall adopt rules to allow an officer who has served in the military to receive credit toward meeting any training hours required for an intermediate, advanced, or master proficiency certificate based on that military service.
Credits
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 929, § 6, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 947, § 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, § 14.008, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1326, § 9, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 393, § 4, eff. Sept. 1, 2005; Acts 2009, 81st Leg., ch. 1002, § 6, eff. Sept. 1, 2009; Acts 2009, 81st Leg., ch. 1172, § 17, eff. Sept. 1, 2009; Acts 2011, 82nd Leg., ch. 91 (S.B. 1303), § 27.001(48), eff. Sept. 1, 2011; Acts 2011, 82nd Leg., ch. 855 (H.B. 3823), § 9, eff. Sept. 1, 2011; Acts 2013, 83rd Leg., ch. 571 (S.B. 742), § 9, eff. Sept. 1, 2013; Acts 2015, 84th Leg., ch. 31 (H.B. 593), § 3, eff. Sept. 1, 2015; Acts 2015, 84th Leg., ch. 1056 (H.B. 2053), § 8, eff. Sept. 1, 2015; Acts 2017, 85th Leg., ch. 324 (S.B. 1488), § 24.002(12), eff. Sept. 1, 2017; Acts 2017, 85th Leg., ch. 950 (S.B. 1849), § 4.05, eff. Sept. 1, 2017; Acts 2019, 86th Leg., ch. 222 (H.B. 971), § 1, eff. Sept. 1, 2019.