HB4791 - Relating to the waiver of certain minimum standards for law enforcement agencies based on financial hardship.

  89R16202 JCG-D     By: Shofner H.B. No. 4791       A BILL TO BE ENTITLED   AN ACT   relating to the waiver of certain minimum standards for law   enforcement agencies based on financial hardship.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1701.163, Occupations Code, is amended   to read as follows:          Sec. 1701.163.  MINIMUM STANDARDS FOR LAW ENFORCEMENT   AGENCIES ; WAIVER BASED ON FINANCIAL HARDSHIP .   (a) The commission,   with input from an advisory committee, shall by rule establish   minimum standards with respect to the creation or continued   operation of a law enforcement agency based on the function, size,   and jurisdiction of the agency, including:                (1)  a determination regarding the public benefit of   creating the agency in the community;                (2)  the sustainable funding sources for the agency;                (3)  the physical resources available to officers,   including:                      (A)  all standard duty firearms;                      (B)  less lethal force weapons, including a   requirement of at least one per officer on duty;                      (C)  effective communications equipment;                      (D)  protective equipment, including a   requirement of at least one bullet-resistant vest per officer on   duty;                      (E)  officer uniforms; and                      (F)  patrol vehicles and associated equipment;                (4)  the physical facilities of the agency, including   any evidence room, dispatch area, or public area;                (5)  the policies of the agency, including policies on:                      (A)  use of force;                      (B)  vehicle pursuit;                      (C)  professional conduct of officers;                      (D)  domestic abuse protocols;                      (E)  response to missing persons;                      (F)  supervision of part-time officers;                      (G)  impartial policing;                      (H)  active shooters; and                      (I)  barricaded subjects;                (6)  the administrative structure of the agency;                (7)  liability insurance; and                (8)  any other standard the commission considers   necessary.           (b)     On written request by a law enforcement agency, the   commission shall grant the agency a waiver from complying with a   minimum standard established under Subsection (a) if the commission   determines the agency is unable to comply with the minimum standard   primarily based on a financial hardship experienced by the agency.   A request for a waiver under this subsection must include evidence   of the agency's financial hardship.            SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.