(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:
- (i) at least one bullet-resistant vest per officer on duty; and
- (ii) access to at least one breaching tool and one ballistic shield;
- (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, including a detailed written policy based on current best practices for responding to an active shooter incident at a primary or secondary school facility and a recommendation for the frequency at which simulated emergency drills should be conducted; and
- (I) barricaded subjects;
- (6) the administrative structure of the agency;
- (7) liability insurance; and
- (8) any other standard the commission considers necessary.
- (b) A law enforcement agency may enter into a mutual aid agreement with a law enforcement agency with overlapping or adjacent jurisdiction to share protective equipment during a critical incident, as defined by Section 391.0041, Local Government Code, to meet the requirements under Subsection (a)(3)(D).
Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 7, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 1104 (S.B. 1445), Sec. 5, eff. September 1, 2023.
Acts 2025, 89th Leg., R.S., Ch. 361 (H.B. 33), Sec. 16, eff. September 1, 2025.