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  H.B. No. 3540
 
 
 
 
AN ACT
  relating to the authority of a peace officer to release in lieu of
  arrest certain persons with an intellectual or developmental
  disability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 14, Code of Criminal Procedure, is
  amended by adding Article 14.035 to read as follows:
         Art. 14.035.  AUTHORITY TO RELEASE IN LIEU OF ARREST CERTAIN
  PERSONS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITY.  (a)  This
  article applies only to a person with an intellectual or
  developmental disability who resides at one of the following types
  of facilities operated under the home and community-based services
  waiver program in accordance with Section 1915(c) of the Social
  Security Act (42 U.S.C. Section 1396n):
               (1)  a group home; or
               (2)  an intermediate care facility for persons with an
  intellectual or developmental disability (ICF/IID) as defined by 40
  T.A.C. Section 9.153.
         (b)  In lieu of arresting a person described by Subsection
  (a), a peace officer may release the person at the person's
  residence if the officer:
               (1)  believes confinement of the person in a
  correctional facility as defined by Section 1.07, Penal Code, is
  unnecessary to protect the person and the other persons who reside
  at the residence; and
               (2)  made reasonable efforts to consult with the staff
  at the person's residence and with the person regarding that
  decision.
         (c)  A peace officer and the agency or political subdivision
  that employs the peace officer may not be held liable for damage to
  persons or property that results from the actions of a person
  released under Subsection (b).
         SECTION 2.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3540 was passed by the House on May 3,
  2019, by the following vote:  Yeas 141, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3540 was passed by the Senate on May
  22, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor