Bill Caption

Relating to the training of and policies for peace officers.

Fiscal Notes

Estimated Two­-year Net Impact to General Revenue Related Funds for HB 3712, Committee Report 2nd House, Substituted: a negative impact of ($334,273) through the biennium ending August 31, 2023.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

Bill Analysis

HB 3712 would require the basic peace officer training course required as part of a peace officer training program be no less than 720 hours, and to include the prohibition against the intentional use of a chokehold, carotid artery hold, or similar neck restraint by an officer in searching or arresting a person, unless the officer reasonably believes the restraint is necessary to prevent serious bodily injury to or the death of the officer or another person. Additional training would be required on the duty of an officer acting in an official capacity to intervene to stop or prevent another officer from using force against a person and to render aid to a person who has suffered bodily injury from the use of force. The bill also requires the commission to develop and make available to all law enforcement agencies a model policy for the pre-employment investigation of peace officers.

Vote Recommendation Notes

We support the extra training this bill would require which is consistent with limited government and would likely help law enforcement agencies and officers do a better job of serving the public while minimizing uses of force that end in tragedy.

We are concerned that the chokehold partial prohibition would may unintentionally lead to use of deadlier force. If officers are afraid to use a chokehold to restrain a violent criminal for fear of the blowback that may ensue, they may default to other potentially lethal uses of force instead.

Because we support some provisions of the bill while we are concerned about other provisions, Texas Action is neutral on HB 3712.