Public Safety

H.B. 11 (D. Bonnen/Birdwell) - Border Security: this bill, among other things: (1) authorizes law enforcement, pursuant to a judge’s order, to intercept wire, oral, or electronic communications of individuals involved in prostitution and human trafficking; (2) establishes an officer of Transnational and Organized Crime within the attorney general’s office that will address border security and provide assistance to local prosecutors and law enforcement agencies related to border crime and human trafficking; (3) authorizes the construction of a multiuse training facility to be used by state and local police; (4) requires reporting by certain border cities and counties to the Texas Transnational Intelligence Center regarding kidnappings, home invasions, and incidents of impersonation of law enforcement officers within the region; and (5) creates the crime of continuous smuggling of persons. (Effective September 1, 2015.)

H.B. 324 (Dutton/Burton) - Body Cavity Searches: provides that: (1) “body cavity search” is defined as an inspection that is conducted of a person’s anal or vaginal cavity in any manner; and (2) a peace officer is prohibited from conducting a body cavity search during a traffic stop, unless the officer first obtains a search warrant authorizing that search. (Effective September 1, 2015.)

H.B. 326 (Wu/Hall) - Probable Cause Affidavits: allows a magistrate to accept by telephone or by other electronic means a sworn affidavit that is provided to support the issuance of a search warrant. (Effective September 1, 2015.)

H.B. 473 (Giddings/Menendez) - Law Enforcement Vehicles: prohibits a city from selling or transferring a marked patrol car or other law enforcement motor vehicle to: (1) the public, unless the city first removes any equipment or insignia that could mislead a reasonable person to believe the vehicle is a law enforcement motor vehicle; and (2) a security services contractor, unless each emblem or insignia that identifies the vehicle as a law enforcement vehicle is removed. (Effective September 1, 2015.)

H.B. 530 (Hernandez/West) - Asset Forfeiture: this bill: (1) allows a law enforcement agency to transfer not more than ten % of the gross amount credited to the agency’s criminal asset forfeiture fund to a separate special fund to provide scholarships to the children of certain peace officers who are killed in the line of duty; and (2) requires the attorney general to develop an annual report detailing the amount of funds forfeited, or credited after the sale of forfeited property, and post the same on the attorney general’s website. (Effective September 1, 2015.)

H.B. 644 (Canales/Hinojosa) - Search Warrants: requires that a search warrant contain the magistrate’s name in clearly legible handwriting or typewritten form, along with the signature, and makes it a third degree felony to tamper with a search warrant issued by a magistrate. (Effective September 1, 2015.)

H.B. 872 (Raymond/Whitmire) - Peace Officer Licensure: requires the Texas Commission on Law Enforcement to reactivate a peace officer’s license after a break in employment if the officer: (1) worked for at least 10 years in good standing before the break in employment; (2) meets current licensing standards; (3) successfully completes continuing education requirements; and (4) files an application and pays any required fees. (Effective September 1, 2015.)

H.B. 905 (Frullo/Schwertner) - Knives: prohibits a city from adopting or enforcing a regulation relating to the transfer, private ownership, keeping, transportation, licensing, or registration of knives. (Effective September 1, 2015.)

H.B. 910 (Phillips/Estes) - Handgun Open Carry: this bill generally authorizes a person with a concealed handgun license to open carry in a belt or shoulder holster in the same manner as a concealed handgun licensee under current law. It essentially removes the “concealed” limitation in the current statute. Of particular interest to cities, the bill also: (1) renames the concealed handgun license as a “license to carry a handgun;” (2) adds the use of restraint holsters and methods to ensure the secure carrying of openly carried handguns to the required training curriculum to obtain a license to carry a handgun; (3) provides that it is a defense to prosecution for criminal trespass that: (a) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and (b) the person was licensed to carry a handgun and concealed carrying or open carrying in a shoulder or belt holster; (4) the holder of a license to carry a handgun commits an offense (“trespass by license holder with a concealed handgun”) if the person carries a concealed handgun on property of another without effective consent and received notice that entry on the property by a license holder with a concealed handgun was forbidden; (5) modifies the language that must be in a “30.06 sign,” which provides the notice required to exclude a license holder, to conform to open carry by reading as follows: “Pursuant to Section 3006, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun;” (6) creates the offense of “trespass by license holder with an openly carried handgun” and provides for new notice language to exclude a license holder from openly carrying to read as follows: “Pursuant to Section 3007, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly;” (7) an offense under (4) or (5), above, is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication and subsequently failed to depart; (8) a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person and intentionally displays the handgun in plain view of another person: (a) on the premises of an institution of higher education or private or independent institution of higher education; or (b) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education; and (9) provides that a current holder of a concealed handgun license may continue to concealed carry and may also openly carry a handgun in a belt or shoulder holster. (Note: This bill does not change the law relating to: (1) the authority of a city to ban carrying of a handgun by a license holder in a meeting of the city council or other city boards/commissions that are subject to the Open Meetings Act, if the body has given notice that doing so is prohibited, or (2) the prohibition of a license holder carrying a handgun in a building that houses a court or court offices, without written permission from the court.)(Effective January 1, 2016.)

H.B. 942 (Kacal/Birdwell) - Fertilizer Facilities: requires: (1) each owner and operator of an ammonium nitrate storage facility to: (a) allow a fire marshal to enter the facility to make an examination of the facility; (b) allow the local fire department to access the facility to perform a pre-fire planning assessment; (c) comply with a request of a fire marshal to comply with state, federal, and National Fire Protection Association (NFPA) rules related to the storage of ammonium nitrate; (d) file a “tier two” report with the Texas Commission on Environmental Quality (TCEQ): (i) not later than the 90th day after there is a change in chemical weight range in a hazardous chemical or extremely hazardous material; (ii) when it begins business or within 72 hours of receiving ammonium nitrate; and (iii) as otherwise required by TCEQ rule; and (e) furnish the tier two report to the local fire chief and local emergency planning committee; (2) a fire marshal to: (a) notify the owner or operator of a facility if he or she finds a hazardous condition; and (b) notify the Texas Fertilizer Control Service if the marshal find a violation of a listed state, federal, or NFPA rule; (3) each owner and operator to file required tier two reports with the TCEQ; and (4) the TCEQ to: (a) develop and implement a public notification program; (b) inform the Texas Division of Emergency Management and the state fire marshal within 72 hours of receiving a tier two form reporting the presence of ammonium nitrate at an ammonium nitrate storage facility; (Effective September 1, 2015, with the fire prevention and inspection provisions effective immediately.)

H.B. 1036 (E. Johnson/Whitmire) - Police Officers: requires: (1) the attorney general to: (a) create an electronic form for reporting by police agencies any officer-involved injury or death; (b) post the reports on its website; (c) compile the officer-involved death or injury reports annually; and (d) create a form to report peace officer injuries and deaths; and (2) that, within 30 days of an officer-involved injury or death, a report of the incident be submitted to the attorney general. (Effective September 1, 2015.)

H.B. 1061 (Zedler/Whitmire) - Interference with Public Duties: provides a rebuttable presumption that a person is interfering with a peace officer if a person intentionally disseminates a peace officer’s home address, home telephone number, emergency contact information, or social security number.(Effective September 1, 2015.) 

H.B. 1212 (Price/Schwertner) - Synthetic Drugs: provides that: (1) the commissioner of public health may designate certain consumer commodities as abusable synthetic substances, and provide that such commodities are subject to certain regulations and enforcement actions; (2) the commissioner may emergency schedule a substance as a controlled substance under certain circumstances; and (3) it is not an affirmative defense to the prosecution of certain offenses involving the manufacture, delivery, or possession of a controlled substance analogue that the analogue was not intended for human consumption. (Effective September 1, 2015.)

H.B. 1264 (Wu/Huffman) - Intoxication Offenses: requires a governmental entity to keep blood or urine specimens collected as part of an investigation of an alleged intoxication offense for: (1) the greater of two years or the period of the statute of limitations for the offense, if the indictment or information charging the defendant (or the petition in a juvenile proceeding) has not been presented; (2) the duration of a defendant’s sentence of term of community supervision, or the duration of the commitment or supervision period applicable to the disposition of a juvenile case; or (3) until the defendant is acquitted or the indictment of information is dismissed with prejudice, or - in a juvenile proceeding - until a hearing is held and the court does not find the child engaged in delinquent conduct or conduct indicating a need for supervision. (Effective September 1, 2015.)

H.B. 1293 (Alvarado/Huffman) - Stalking: allows the victim of certain stalking offenses to choose a pseudonym to be used instead of the victim’s actual name to designate the victim in all public files and records concerning the offense. (Effective September 1, 2015.)

H.B. 1338 (Naishtat/Menendez) - Peace Officer Training: requires the Department of Public Safety to create and maintain peace officer and first responder training programs on handling individuals with brain injuries and veterans with combat related trauma, post-traumatic stress, post traumatic stress disorder, or a traumatic brain injury. (Effective September 1, 2015.)

H.B. 1388 (Bohac/Creighton) - Disease Presumption: requires that: (1) a rebuttal made by a government employer regarding workers’ compensation disease presumption include a detailed statement of the evidence used to determine that the disease in question was not caused by the individual's employment; and (2) a denial by a carrier include evidence reviewed in making the denial. (Effective immediately.)

H.B. 1396 (Workman/Burton) - Search Warrants/Statutory Construction: provides, among other things, that: (1) a peace officer must (with certain exceptions) obtain a search warrant before searching a cellular telephone or other wireless communication device pursuant to a lawful arrest; (2) except for a criminal offense or penalty under the Penal Code or the Texas Controlled Substances Act, a statute or rule that creates or defines a criminal offense or penalty shall be construed in favor of the actor if any part of the statute or rule is ambiguous; and (3) the punishments for certain offenses against property or against public administration are amended. (Effective September 1, 2015.)

H.B. 1417 (Elkins/Creighton) - Peace Officer Identification Cards: requires a law enforcement agency that issues an identification card to a peace officer, reserve law enforcement officer, or honorably retired peace officer to issue a duplicate card if the card is lost or stolen. (Effective September 1, 2015.)

H.B. 1481 (Murphy/Birdwell) - Drones: prohibits the use of a drone over, among other things, certain energy facilities, pipelines, water facilities, dams, and other critical infrastructure other than by the government, including a city, or by a person under contract with a law enforcement agency. (Effective September 1, 2015.)

H.B. 1666 (D. Bonnen/Huffman) - Liability for Training:  protects a person from liability for damages caused by certain fire training exercises and certain emergency training exercises, so long as the person does not engage in reckless conduct or intentional, willful, or wanton misconduct. (Effective September 1, 2015.)

H.B. 1733 (Smithee/Watson) - Transportation Network Services: provides that: (1) a “transportation network company” (TNC) is defined as an entity operating in Texas that provides prearranged transportation network services for compensation through an online-enabled application or platform that connects a passenger with a participating driver; (2) a TNC’s insurance coverage must satisfy the Motor Vehicle Liability Insurance Act and include uninsured motorist and personal injury protection coverage; and (3) a TNC must provide written disclosure of the company’s insurance policy to drivers. (Effective January 1, 2016.) 

H.B. 2053 (Farney/Schwertner) - Child Safety Check: (1) requires a law enforcement officer who encounters a person listed on the Texas Crime Information Center’s child safety check alert list to: (a) immediately contact the Department of Family and Protective Services; (b) request information from the department regarding the child or other person; (c) request information from the child or other person regarding the child’s well-being; (d) obtain the child’s current address; and (e) notify the Texas Crime Information Center that the child or other person has been located and to whom the child was released; and (2) allows an officer to: (a) detain all individuals in the officer’s presence that are described in the child safety check alert list and take temporary custody of the child who is the subject of a report of child abuse or neglect; and (b) temporarily take possession of the child if necessary. (Effective September 1, 2015.)

H.B. 2135 (D. Miller/Watson) - Police Firearms: allows: (1) a person to purchase a firearm from a city if the person is a peace officer commissioned by the city, the person is honorably retired, and the firearm is not a prohibited weapon under state law; (2) a surviving spouse, child, or parent to purchase a firearm from the city if the officer is commissioned by the city and dies, regardless of whether the officer dies on the job, and the firearm is not a prohibited weapon under state law; (3) a city to charge up to fair market value for a firearm; and (4) a city to delay the sale of the firearm if it cannot immediately be replaced. (Effective September 1, 2015.)

H.B. 2162 (Simmons/Campbell) - Burglar Alarms:  makes numerous changes to the current law governing how cities respond to burglar alarms. Specifically, the bill provides that the current law provisions governing burglar alarm response apply only to a city with a population of less than 100,000 that is located wholly in a county with a population of less than 500,000. It creates a new statute that applies to every city that does not meet the bracket above, and the new statute provides that:

  1. If a city adopts an ordinance that requires a person to obtain a permit before the person may use an alarm system in the city, the ordinance must provide that the permit is valid for at least one year;
  2. The requirement in (1), above, does not affect the authority of the city to: (a) revoke, suspend, or otherwise affect the duration of a permit for disciplinary reasons at any time during the period for which the permit is issued; or (b) make a permit valid for a period of less than one year if necessary to conform the permit to the termination schedule established by the city;
  3. If a city adopts an ordinance that requires a person to pay an annual fee to obtain an alarm permit, the fee shall be used for the general administration of the bill;
  4. A municipal permit fee imposed under the new statute for an alarm system may not exceed the rate of $50 a year for a residential location and $250 a year for other alarm system locations;
  5. A city may not terminate its law enforcement response to a residential permit holder because of excess false alarms if the false alarm fees are paid in full, except that a city may revoke or refuse to renew the permit of an alarm system that has had eight or more false alarms during the preceding 12-month period;
  6. When permitting free false alarm responses and in setting false alarm fees, a city must administer any ordinance on a fair and equitable basis as determined by the governing body;
  7. A city may not terminate an alarm permit for nonrenewal without providing at least 30 days’ notice;
  8. A city may not refuse to issue an alarm system permit for a residential location solely because the residential location is an individual residential unit located in a multiunit housing facility, and the city shall issue the permit to the person occupying the individual residential unit;
  9. A city may not consider a false alarm to have occurred unless a response is made by an agency of the city within a reasonable time and the agency determines from an inspection of the interior or exterior of the premises that the alarm report by an alarm systems monitor was false;
  10. A city may impose a penalty on a person who uses an alarm system for the report of a false alarm by an alarm systems monitor if at least three other false alarms have occurred at that location during the preceding 12-month period;
  11. The amount of the penalty in (10), above, may not exceed: (a) $50, if the location has had more than three but fewer than six other false alarms in the preceding 12-month period; (b) $75, if the location has had more than five but fewer than eight other false alarms in the preceding 12-month period; or (c) $100, if the location has had eight or more other false alarms in the preceding 12-month period;
  12. A city may not impose a penalty authorized under (10), above, if reasonable visual proof of possible criminal activity recorded by an alarm systems monitor is provided before the inspection of the premises by an agency of the city;
  13. A city that adopts an ordinance requiring a person to obtain a permit before the person may use an alarm system may impose a penalty, not to exceed $250, for the report of a false alarm by an alarm systems monitor on a person who has not obtained a permit for the alarm system as required by the ordinance;
  14. A city: (a) may impose a penalty, not to exceed $250, for the report of a false alarm on a person not licensed by the state that to any extent is reported or facilitated by the unlicensed person; and (b) may not impose a penalty for the report of a false alarm on a person licensed by the state;
  15. A city may require an alarm systems monitor to attempt to contact the occupant of the alarm system location twice before the city responds to the alarm signal;
  16. A city may not adopt an ordinance providing that law enforcement personnel will not respond to any alarm signal in the city unless, before adopting the ordinance, the governing body makes reasonable efforts to notify permit holders of its intention to adopt the ordinance and conducts a public hearing at which interested persons are given the opportunity to be heard;
  17. A city that does not respond to an alarm system signal is not liable for damages that may occur relating to the cause of the alarm system signal;
  18. A property owner or an agent of the property owner authorized to make decisions regarding the use of the property may elect to exclude the city from receiving an alarm signal by an alarm system located on the owner’s property, but a city may adopt an ordinance that specifies the requirements a property owner must satisfy for an election to be made; and
  19. If an election is made under (18), above, the city: (a) may not impose a fee to obtain a permit to use the alarm system; (b) may impose a fee on the property owner, not to exceed $250, for each law enforcement response to a signal from the alarm system requested by an alarm systems monitor; and (c) may not impose or collect any other fine, penalty, or fee, other than a collection fee, related to the alarm system.

(Effective September 1, 2015.)

H.B. 2185 (Clardy/Huffman) - DNA Warrants:provides that a warrant for a DNA specimen may be executed in any county in the state. (Effective September 1, 2015.)

H.B. 2246 (Villalba/Huffman) - Ignition Interlocks:entitles a person convicted of a DWI offense to receive an occupational driver’s license without a finding that an essential need exists for that person, as long as the individual shows evidence of financial responsibility and proof that an ignition interlock device is installed in the person’s motor vehicle. (Effective September 1, 2015.)

H.B. 2486 (Keffer/Hinojosa)  - Recover of Personal Property: provides that (1) a person may apply to a justice court for an order authorizing entry into their residence or former residence, accompanied by a peace officer, to retrieve their personal property; (2) a peace officer acting under an order described in (1), above, must: (a) accompany and assist the applicant in making authorized entry and retrieving certain personal property; (b) provide the current occupant of the residence a copy of the court order if the occupant is home at the time of entry; and (c) inventory the property retrieved by the applicant and provide the inventory to certain persons; (3) peace officer may use reasonable force in providing assistance; and (4) it is a misdemeanor offense to interfere with a peace officer acting under an order described in (1), above. (Effective September 1, 2015.)

H.B. 2646 (Giddings/Schwertner) - Disease Reporting: allows the Department of State Health Services or a local health authority or department to release the minimum amount of information necessary about individuals with communicable diseases to a city whose first responders might be responding to the individual. (Effective September 1, 2015.)

H.B. 2827 (Phillips/Garcia) - Homeland Security: expands the definition of “homeland security activity” for emergency management purposes to include fire or medical emergencies that are beyond a local jurisdiction’s capabilities. (Effective immediately.)

H.B. 2950 (Klick/V. Taylor) - Infectious Disease Preparedness: creates the Task Force on Infectious Disease Preparedness and Response, which will: (1) provide expert protocols and recommendations related to responses to infectious diseases, including Ebola; and (2) include one emergency medical services personnel and two representatives of local health authorities on the task force’s board of directors. (Effective immediately.)

Vetoed H.B. 3184 (McClendon/Menendez) - Victim-Offender Mediation Program: authorizes a city council: (1) to establish a pretrial victim-offender mediation program for persons charged with a misdemeanor or state jail felony offense against property; (2) to adopt administrative and local rules of procedure for the program; and (3) to collect from a participant a $500 fee for the program and $15 court cost paid to the municipal treasury for the purpose of funding the program. (Effective September 1, 2015.)

H.B. 3211 (P. King/Whitmire) - Peace Officer Training: shortens to twelve months the period in which a peace officer appointed to a supervisory position, or who will be appointed to a supervisory position, has to complete supervisor training. (Effective September 1, 2015.)

H.B. 3327 (Alvarado/Huffman) - Domestic Violence: allows the attorney general to award grants to domestic violence high risk teams composed of law enforcement officers, prosecutors, community supervision and corrections departments, victim advocates, nonprofit organizations that provide services to victims, and medical personnel. (Effective September 1, 2015.)

H.B. 3668 (Workman/Menendez) - Wiretapping: adds arson investigation unit members to the list of law enforcement personnel who can engage in wiretapping. (Effective immediately.)

H.B. 3791 (Geren/Hinojosa) - Intoxication Arrest Videos: requires that a police department release to a person stopped or arrested on suspicion of DWI a copy of any video of the stop, arrest, field sobriety tests, and all other interactions with the officer. (Effective September 1, 2015.)

S.B. 11 (Birdwell/Fletcher) - Campus Concealed Handgun Carry: provides that (1) a handgun license holder may carry a concealed handgun on or about the license holder’s person while the license holder is on the campus of an institution of higher education or private or independent institution of higher education in this state; (2) an institution of higher education or private or independent institution of higher education in this state may not adopt any rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution; (3) it is an exception to (2), above, that: (a) the institution may establish rules, regulations, or other provisions concerning the storage of handguns in dormitories or other residential facilities that are owned or leased and operated by the institution and located on the campus of the institution; (b) after consulting with students, staff, and faculty of the institution regarding the nature of the student population, specific safety considerations, and the uniqueness of the campus environment, the president or other chief executive officer of an institution (subject to amendment by the board of regents or other governing board) shall establish reasonable rules, regulations, or other provisions regarding the carrying of concealed handguns by license holders on the campus of the institution or on premises located on the campus of the institution, but may not establish provisions that generally prohibit or have the effect of generally prohibiting license holders from carrying concealed handguns on the campus of the institution (the institution must give effective notice under Section 3006, Penal Code, with respect to any portion of a premises on which license holders may not carry; and (c) a private or independent institution of higher education in this state, after consulting with students, staff, and faculty of the institution, may establish rules, regulations, or other provisions prohibiting license holders from carrying handguns on the campus of the institution, any grounds or building on which an activity sponsored by the institution is being conducted, or a passenger transportation vehicle owned by the institution; (3) an institution is granted immunity for the actions of a handgun license holder; and (4) a license holder commits an offense if he carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder’s person and intentionally or knowingly displays the handgun in plain view of another person on the premises of an institution of higher education or private or independent institution of higher education; on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education; or in a place in which the carrying of the handgun is prohibited by a rule established under (2), above, and in which proper notice is given. (Effective August 1, 2016, except for junior colleges the effective date is August 1, 2017.)

S.B. 158 (West/Fletcher) - Body Cameras: provides, among other things, that: (1) a law enforcement agency in this state may apply to the office of the governor for a grant to equip officers with body cameras if the agency employs officers who: (a) are engaged in traffic or highway patrol or otherwise regularly stop or detain motor vehicles; or (b) respond to calls for assistance from the public; (2) the office of the governor create and implement a matching grant program for body cameras; (3) a local law enforcement agency must match 25% of any grant money; (4) a law enforcement agency that receives a grant from the Department of Public Safety to provide body cameras to its officers or that otherwise operates a body worn camera program must adopt a policy and training program for the use of body cameras; (5) a body camera policy must include when and why an officer may choose to activate or not activate a body worn camera; (6) it is a crime for a law enforcement officer to release a video from a body worn camera without receiving permission from the law enforcement agency; (6) a member of the public must provide certain information when requesting information recorded by a body camera; and (7) a law enforcement agency must follow certain procedures related to the release of information regarding body camera recordings to the public. (Effective September 1, 2015, except the requirement for departments already operating a camera system has until September 1, 2016, to implement a body camera policy and training program.)

S.B. 172 (Huffman/Clardy) - Synthetic Drugs: modifies the Texas Controlled Substances Act by: (1) adding certain substances to Penalty Groups 1-A and 2; and (2) changing the penalty group for other chemicals. (Effective September 1, 2015.)

S.B. 173 (Huffman/Clardy) - Synthetic Marijuana: modifies the Texas Controlled Substances Act by adding additional chemicals commonly referred to as synthetic cannabinoids to the Act. (Effective September 1, 2015.)

S.B. 273 (Campbell/Guillen) - Concealed Handgun Signs: provides that: (1) a state agency or a political subdivision of the state may not provide notice that a concealed handgun licensee is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are actually prohibited by state law from carrying a handgun on the premises; (2) a state agency or a political subdivision of the state that improperly posts notice is liable for a civil penalty of: (a) not less than $1,000 and not more than $1,500 for the first violation; and (b) not less than $10,000 and not more than $10,500 for the second or a subsequent violation; (3) a citizen of this state or a person licensed to carry a concealed handgun may file a complaint with the attorney general that a state agency or political subdivision has improperly posted notice; (4) before a suit may be brought against a state agency or a political subdivision of the state for improperly posting notice, the attorney general must investigate the complaint to determine whether legal action is warranted; (5) if legal action is warranted, the attorney general must give the chief administrative officer of the agency or political subdivision charged with the violation a written notice that gives the agency or political subdivision 15 days from receipt of the notice to remove the sign and cure the violation to avoid the penalty; (6) if the attorney general determines that legal action is warranted and that the state agency or political subdivision has not cured the violation within the 15-day period, the attorney general or the appropriate county or district attorney may sue to collect the civil penalty, and the attorney general may also file a petition for a writ of mandamus or apply for other appropriate equitable relief; and (7) a state agency or political subdivision may only prohibit a concealed handgun licensee from carrying in a meeting room where a governmental body that is subject to the Open Meetings Act is meeting. (Effective September 1, 2015.)

S.B. 461 (Perry/Parker) - Synthetic Substances: provides that: (1) a person commits a criminal offense if in the course of business the person knowingly produces, distributes, sells, or offers for sale a mislabeled abusable synthetic substance; and (2) a city attorney, among others, may institute an action in district court to collect a civil penalty (up to $25,000 per day) from a person who in the course of business produces, distributes, sells, or offers for sale a mislabeled abusable synthetic substance. (Effective September 1, 2015.)

S.B. 505 (Perry/Workman) - Meteorological Tower Markings: provides that: (1) a meteorological evaluation tower as defined by the bill that is at least 50 feet but not more than 200 feet in height above ground level: (a) must be painted in equal alternating bands of aviation orange and white, beginning with orange at the top of the tower; (b) must have aviation orange marker balls installed and displayed in accordance with the certain Federal Aviation Administration requirements; and (c) may not be supported by guy wires unless the guy wires have a seven-foot-long safety sleeve at each anchor point that extends from the anchor point along each guy wire attached to the anchor point; (2) a person who owns, operates, or erects a meteorological evaluation tower in violation of the bill commits an a Class C misdemeanor offense, except that the offense is a Class B misdemeanor if it is shown on the trial of the offense that as a result of the commission of the offense a collision with the meteorological evaluation tower occurred causing bodily injury or death to another person; and (3) the Texas Department of Transportation shall adopt rules to implement and administer the bill, including rules requiring a person: (a) who owns, operates, or erects a meteorological evaluation tower to provide notice to the department of the existence of or intent to erect a meteorological evaluation tower; and (b) to register the meteorological evaluation tower with the department. (Effective September 1, 2015.)

S.B. 582 (Kolkhorst/Harless) - Food Handlers: requires a local health jurisdiction to accept training from the American National Standards Institute as sufficient to meet any training, testing, or permitting requirements. (Effective immediately.) 

S.B. 788 (Eltife/Paddie) - Emergency Communication Services (Kari’s Law): provides that: (1) certain business service users that use Internet Protocol enabled service and provide outbound dialing capacity or access must configure the telephone system to allow a person initiating a 911 call on the system to directly access 911 service by dialing the digits 911 without an additional code, digit, prefix, postfix, or trunk-access code; and (2) a home rule city that independently operates a 9111 system must, upon request, assist a business service user that is within the city’s jurisdiction to comply with (1), above. (Effective immediately.)

S.B. 923 (Watson/Zedler) - Obstruction or Retaliation: provides that a person commits the offense of obstruction or retaliation if the person posts on a publicly accessible website the home address or phone number of an individual the actor knows is a public servant or a member of a public servant’s family or household with the intent to cause harm or a threat of harm to the individual or family member in retaliation for or on account of the service or status of the individual as a public servant. (Effective September 1, 2015.)

S.B. 1105 (Eltife/Cook) - State Buildings: preempts a city’s fire safety authority over any state-owned or state-leased building. (Effective immediately.)

S.B. 1129 (Zaffirini/Raymond) - Mental Illness: provides that, when transporting a committed patient or a patient detained at a designated mental health facility, the patient may be restrained only during the apprehension, detention, or transportation of the patient, and the method of restraint must permit the patient to sit in an upright position without undue difficulty (unless the patient is being transported by ambulance). (Effective immediately.)

S.B. 1287 (Hinojosa/Geren) - Forensic Analyst Licenses: provides that: (1) forensic analysts that perform forensic analysis on behalf of crime labs must be licensed by the Texas Forensic Science Commission; and (2) an advisory committee to the Texas Forensic Science Commission should be created, consisting of representation from municipal crime laboratories. (Effective September 1, 2015, with portions becoming effective on January 1, 2019.)

S.B. 1406 (Schwertner/Dutton) - Child Safety Alert List: requires a law enforcement officer who encounters a child or other person on the Child Safety Alert List to: (a) request information from the person or the child regarding the child’s well-being and current residence; and (b) inform the Texas Crime Information Center that the child has been located. (Note: this bill has duplicate provisions to H.B. 2053, above.) (Effective September 1, 2015.)

S.B. 1465 (Watson/Phillips) - Disaster Declaration: authorizes: (1) the governor to declare a limited-purpose disaster invoking only the authority to suspend deadlines and state regulations on an affected city, including budget or tax deadlines; and (2) the Division of Emergency Management to establish and operate a search and rescue task force in each field response region. (Effective immediately.) 

S.B. 1574 (Uresti/Martinez) - Infection Control: this bill, among other things: (1) requires each entity with first responders, including a city, to designate an infection control officer and an alternate infection control officer; (2) requires each infection control officer to: (a) receive notification of potential exposures to infectious diseases; (b) notify appropriate health care providers and first responders about potential exposures; (c) act as liaison between the potentially exposed first responders and the city; (d) investigate and evaluate exposure incidents; and (e) monitor follow-up treatment of affected first responders; (3) requires hospitals to inform designated infection control officers of possible infectious disease exposures; and (4) allows an emergency response employee or volunteer to request and receive information related to possible infectious disease exposures from individuals whose bodily fluids come into contact with the employee or volunteer. (Effective September 1, 2015.)

S.B. 1593 (Lucio/Lucio) - Sale of Fireworks: provides that a home rule city may not define and prohibit as a nuisance the sale of fireworks or similar materials within the 5,000 foot nuisance zone outside the city limits. (Effective September 1, 2015.)

S.B. 1766 (Creighton/Metcalf) - Regulation of Honey: prohibits a local health department or city from regulating honey production by a small honey production operation. (Effective September 1, 2015.) 

S.B. 1853 (Lucio/Phillips) - Border Security: provides that: (1) the Texas Department of Public Safety may establish a program throughout this state for preventing and detecting: (a) the unlawful possession or the unlawful and imminent movement or transfer between this state and an adjacent state or the United Mexican States of firearms, controlled substances, or currency; and (b) the commission or imminent commission of the offenses of smuggling of persons and trafficking of persons occurring in this state or involving travel between this state and an adjacent state or the United Mexican States; (2) a peace officer participating in a program established under the bill must have reasonable suspicion or probable cause to believe that firearms, controlled substances, or currency are unlawfully possessed or being unlawfully and imminently moved or transferred between this state and an adjacent state or the United Mexican States or that a human trafficking offense has been committed or imminently will be committed before exercising the officer’s authority under the program, including stopping a person or vehicle or coming into contact with a person; (3) in developing the program, the department shall establish: (a) clear guidelines and procedures to mitigate any unnecessary negative impact on the flow of trade, commerce, or daily business activities in locations where the program is implemented; and (b) protocols, standards, and guidelines to minimize any intrusion on a person in an encounter with a peace officer exercising the officer’s authority under the program; (4) the department shall implement the program established under the bill in conjunction with federal and local law enforcement agencies; and (5) the department shall adopt rules as necessary to implement and administer a program established under the bill. (Effective immediately.)

S.J.R. 22 (Creighton/Ashby) - Right to Hunt, Fish, and Harvest Wildlife: proposes an amendment to the Texas Constitution that will: (1) enshrine in that document that the people have the right to hunt, fish, and harvest wildlife, including by the use of traditional methods, subject to laws or regulations to conserve and manage wildlife and preserve the future of hunting and fishing; and (2) provide that: (a) hunting and fishing are preferred methods of managing and controlling wildlife; (b) the amendment does not affect any provision of law relating to trespass, property rights, or eminent domain; and (c) the amendment does not affect the power of the legislature to authorize a city to regulate the discharge of a weapon in a populated area in the interest of public safety. (Effective if approved at the election on November 3, 2015.)

Disclaimer

Texas Municipal League member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League.