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House Homeland Security & Public Safety met on April 29 to take up a number of bills. Bills covered in this report include HB 175 (Thierry), HB 671 (Martinez), HB 2922 (Buckley), HB 3778 (Holland), and SB 24 (Huffman). The full notice can be found here, and the archive can be found here.

 

This report is intended to give you an overview and highlight of the discussions on the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

HB 671 (Martinez) – Relating to establishment of the disaster identification system for a declared state of disaster.

  • Optional lighted identification system – visual 911 system to allow rescuers to find stranded individuals
  • Disaster declaration would activate this system, with different color tags for different individuals including disabilities
  • Passed House and Senate Committees last session, but was hung up in calendars

 

Adrian Shelly, Public Citizen – For

  • Supported in previous session as well
  • Hurricane Harvey saw social media being used for finding people in need of help, and saw measures taken by individuals to help rescuers locate survivors in need of rescue
  • This bill is another step for identifying individuals in need of rescue

 

Denado Medina, Self – For

  • McAllen county resident, county is preparing for hurricane season and future disasters that plague the area
  • Experience in emergency management shows that this type of tool can help identify individuals in need of help for rescuers
  • Volunteer participation and no fiscal impact – saves lives

HB 671 left pending

 

HB 3778 (Holland) – Relating to a border operations training program for peace officers employed by local law enforcement agencies.

  • Establishes voluntary training program to allow officers to assist border patrol along the border
  • Will allow local PDs to build relationships with state agencies and gain experience in human trafficking, drug interdiction, and border protection

 

Cullen Grisom, Texas Commission on Law Enforcement – On

  • Available as a resource witness
  • White – How do you see this being implemented?
    • DPS has the heavy lifting, and officers can choose to participate

 

Rep. Holland closes

  • Morales – Can you talk a little more about the program?
    • Would allow local border police agencies to assist DPS after a training program in their border-related activities
    • Completely voluntary program

HB 3778 left pending

 

HB 2922 (Buckley et al.) {CS} – Relating to the creation of a statewide alert system for certain adolescents in danger.

  • Bill is based off advocates for young people suffering from human trafficking, and a hole in the alert system
  • Current Amber and Clear alert systems have a small gap for minors who go willingly with their captor – highly vulnerable to outside influences at this age
  • Internet communication means that minors are increasingly at risk at forming relationships and connections with people who aren’t who they claim to be
  • Bill would create new missing persons alert, the AID Alert
  • CS clarifies alert can be issued for 16 years or younger, and clarifies who the captor is to qualify for the alert

HB 2922 left pending

 

HB 175 (Thierry) – Relating to the authority to arrest a person without a warrant.

  • Bill is all about protecting the rights of citizens as enumerated in the Texas Bill of Rights
  • Bill eliminates citizens arrest provisions, allowing only law enforcement/peace officers to make arrests
  • Bill protects the rights shopkeepers when they suspect individuals are stealing or shoplifting
  • Right of self defense is also protected under this bill and is not impacted
  • Does not impact the duties or powers of law enforcement
  • White – Can a citizen under this bill invoke affirmative defense of others?
    • Yes, and you can hold them down or detain them
    • Currently, anyone that does that many use the affirmative defense or self defense clauses
  • Bowers – Does this bill prevent self-defense?
    • No
  • Tinderholt – My security company frequently detains individuals caught in the act of a crime, even though they are not peace officers or law enforcement. Will this affect those individuals?
    • We have drafted language to ensure that those contracted security officers will not be impacted, either in a committee sub or as a floor amendment

 

Dylan Price, Self – Against

  • Bill as filed does not allow security officers to make citizens arrests/warrantless detentions
  • Without this ability, they would be forced to utilize force or deadly force
  • Current court precedent displays that a warrantless arrest is only justified under specific conditions, specifically breach of the peace or harm to other individuals
  • Citizens arrest is an essential tool when police aren’t present

 

Lonzel Curr, Self – For

  • Former police detective – police are trained in legal and practical aspects of deescalating and making arrests
  • Citizens without de-escalation training are ill equipped to make arrests – place themselves and others at risk, including liability from potential injuries and improper arrest
  • Without training as a law enforcement officer, many situations can turn into violent and/or fatal situations

HB 175 left pending

 

SB 24 (Huffman et al.) – Relating to the procedures required before a law enforcement agency hires a peace officer. (posting rule suspended)

  • Bonnen – There are a few unfit officers that can get away with unethical and illegal activity by moving around to different police departments
  • Only been 9 license revocations in the state
  • Hiring practices vary wildly – some agencies require rigorous background checks and polygraphs, some agencies don’t even check if an applicant has worked before as a peace officer
  • Bill would standardize requirements for hiring practices at police agencies in the state, including requirements for business and professional references, and required reviews of prior personnel files and application materials
  • Would prevent floating cops from continuing to escape accountability

 

Chief Collin Grisom, Texas Commission on Law Enforcement – On

  • Resource witness
  • White – From looking at this legislation, will the Commission need to set up a process for agencies sharing files?
    • Yes, the electronically available access that the bill requires for interagency sharing is the cost of the legislation
    • Intent is to have a level of security for personally identifying information in many files and application materials, depending on the content of the files

SB 24 left pending