CLEAT
New Laws to Take Effect
 
CLEAT was instrumental in passing some substantive changes to the laws that Texas law enforcement professionals work under and enforce. Most of these new laws take effect on September 1st.

 

Here is a reminder of some of the changes:

 

EVADING ARREST (HB 221):

Evading arrest on foot is now a Class A misdemeanor (raised from a Class B). If the actor has a previous conviction for evading, then fleeing on foot is a state jail felony. READ THE BILL:

http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/HB00221F.htm

 

LEGISLATIVE LEAVE (HB 1177)

Associations in cities with a population of 50,000 or more (lowered from 200,000) and counties of 190,000 or more (lowered from 500,000) may now allow members off on legislative leave.

READ THE BILL:

http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/HB01177F.htm

 

POLITICAL ADVERTISING BY GOVERNMENT AGAINST LABOR ISSUES (HB 1720) Prohibits a municipal or county government from spending public money to advertise against an issue election (such as civil service or

bargaining) if the ad advocates a position or contains false information.

READ THE BILL:

http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/HB01720F.htm

 

OFFENSE OF TAKING A WEAPON OR ATTEMPTING TO TAKE WEAPON (HB 1721) Prohibits a person from taking a weapon or attempting to take a weapon from a county jailer, detention officer or corrections officer. Previous law only applied to peace officers.

READ THE BILL:

http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/HB01721F.htm

 

POLICE VEHICLE DEFINITION INCLUDES PRIVATELY OWNED VEHICLES (HB 1831) Many agencies pay officers a stipend or vehicle allowance for using their own vehicles. A quirk in the law didn't include privately owned vehicles as "police vehicles" or "emergency vehicles", even if they were authorized by the agency and marked. HB 1831 fixed this and also provides that these privately owned vehicles are exempt from paying tolls on toll roads if they are marked and authorized by the department. This issue was added as an amendment to the comprehensive emergency management bill at CLEAT's request.

READ THE BILL:

http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/HB01831F.htm

 

PAYMENT FOR APPEARING AS A WITNESS (HB 1960) The law previously required municipal officers to be paid for court, but not other administrative hearings, such as tow hearings, DL suspension hearings, or civil service appeals or arbitrations. There was not a similar law for county officers. The change now requires all officers employed by a municipality or county to be paid for any required appearance during their off duty hours.

READ THE BILL:

http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/HB01960F.htm

 

COUNTY CIVIL SERVICE PROHIBITED FROM RAISING PUNISHMENT (HB 2168) Counties routinely threatened that a county civil service commission could raise the punishment issued by the sheriff and even fire a person if they appealed discipline. HB 2168 clarified that the commission can only sustain the discipline, reduce it, or overturn it, not increase it.

READ THE BILL:

http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/HB02168F.htm

 

LIMITED PEACE OFFICER COLLEGE TUITION EXEMPTION (HB 2347) Provides a limited opportunity for peace officers to attend law enforcement and criminal justice classes and colleges and universities tuition free. The exemption will not be available until the 2011 fall semester and is limited to 20 percent of the class space for each class. Other rules apply, see the bill for more details.

READ THE BILL:

http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/HB02347F.htm

 

PEACE OFFICERS JOBS DATABASE (HB 2580)

Requires the Texas Workforce Commission to create a portal for law enforcement jobs within their current employment opportunity database. TCLEOSE is required to coordinate with TWC and provide employment eligibility and licensing information to facilitate law enforcement employment openings with prospective applicants. This bill took effect on June 19, 2009.

READ THE BILL:

http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/HB02580F.htm

 

GUARANTEED HEALTH INSURANCE FOR FAMILIES OF OFFICERS KILLED IN THE LINE OF DUTY (SB 872) Clarified that families of officers killed in the line of duty may purchase continued health insurance at the same rate paid by active employees. Made a number of other substantive changes to ensure the families are taken care off. This bill took effect on May 19, 2009.

READ THE BILL:

http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/SB00872F.htm

 

RED LIGHT CAMERA TICKET EXEMPTION (SB 926) Specifically exempts officers driving an authorized emergency vehicle, including marked and unmarked police vehicles, and including privately owned vehicles that are authorized for use by the department, from being liable for a citation issued by photographic traffic signal enforcement system (red light camera).

READ THE BILL:

http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/SB00926F.htm

 

INTERFERENCE WITH PUBLIC SAFETY RADIO FREQUENCY (SB 1273) Creates a new offense if a person intentionally interrupts, disrupts, impedes, jams, or otherwise interferes with a radio frequency used by a law enforcement agency, fire department, or emergency medical services provider. The offense is a Class A misdemeanor. The offense is a state jail felony if the actor committed the offense with the intent to facilitate the commission of another offense or interfere with the ability of a law enforcement agency, a fire department, or an emergency medical services provider to respond to an emergency.

READ THE BILL:

http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/SB01273F.htm