Police Reform in Texas

This study examines the political, statutory, and fiscal landscape of police reform in Texas following pivotal catalyst events, including the 2020 murder of George Floyd and high-profile local officer-involved fatalities. Utilizing a multi-session analysis of state legislative actions (87th through 89th Texas Legislative Sessions), municipal operational initiatives, and state capital grant allocations, this report demonstrates how public safety governance in Texas has bifurcated into administrative standardization and spending expansion on one side, and individual legal insulation and state preemption on the other. While statutory rules regarding body-worn cameras, duties to intervene, and law enforcement licensing databases have been successfully enacted, measures proposing changes to civil liability or qualified immunity have been systematically defeated. Concurrently, state statutory preemption—notably House Bill 1900—and state-funded rural law enforcement grant programs (such as the $330 million Senate Bill 22 appropriation) have protected and expanded law enforcement budgets statewide. Major urban jurisdictions (Austin, Houston, Dallas, and San Antonio) demonstrate significant budgetary prioritization of mass criminalization over community care services, even as local electorates pursue civilian oversight and personnel file transparency against civil service labor resistance.

Keywords: police reform, Texas legislation, qualified immunity, preemption, municipal budgets, civil service, TCOLE

Over the past decade, the governance of law enforcement in Texas has undergone a profound evolution shaped by high-profile officer-involved fatalities, intense labor union advocacy, judicial challenges, and shifting legislative majorities. In the wake of critical events—such as the 2018 killing of Botham Jean in Dallas (UCLA Law Review, 2019), the 2019 botched Harding Street narcotics raid in Houston (Texas District & County Attorneys Association [TDCAA], 2021; U.S. Department of Justice, 2019), and the 2020 murder of George Floyd in Minneapolis (McCullough, 2021b)—public demand for structural police accountability intensified across the state. However, the path of police reform in Texas diverges significantly from national trends, characterized by a complex interplay between state-level statutory preemption and hyper-local municipal initiatives.

At the state level, the Texas Legislature has systematically bifurcated police reform measures. While lawmakers have enacted discrete, administrative accountability standards—such as body-worn camera mandates, restrictions on police chokeholds, and duties to intervene—they have consistently rejected measures that modify civil liability, abolish qualified immunity, or alter collective bargaining protections for officers (Combined Law Enforcement Associations of Texas [CLEAT], 2025; McCullough, 2021a). Concurrently, major metropolitan centers including Austin, Houston, Dallas, and San Antonio have attempted to implement independent oversight mechanisms, early intervention analytics, and greater transparency regarding internal disciplinary records (City of Houston, 2020; Equity Action v. City of Austin, 2024; San Antonio Report, 2022). These local efforts have frequently run headlong into state civil service laws, union opposition, and legislative preemption designed to limit municipal authority over police operations and budgeting (McCullough, 2021b).

This analysis examines the multi-session trajectory of police reform legislation within the Texas Capitol, evaluates regulatory restructuring through the Texas Commission on Law Enforcement (TCOLE), analyzes municipal budget allocations and capital funding streams, and evaluates legal battles surrounding municipal oversight across Texas's largest urban jurisdictions.

State Legislative Trajectory: Statutory Codification and Insulation

The 87th Legislative Session (2021) and the Fragmentation of HB 88

The 87th Texas Legislative Session in 2021 served as the primary arena for statutory debates on public safety following national social unrest (McCullough, 2021a, 2021b). The centerpiece of reform efforts was House Bill 88, designated as the omnibus George Floyd Act, authored by Representative Senfronia Thompson (McCullough, 2021a). The comprehensive bill sought to enact systemic changes across law enforcement agencies statewide, including:

• Banning chokeholds and carotid restraints during arrests (McCullough, 2021b).

• Mandating a duty for officers to intervene in instances of excessive force and render immediate medical aid (McCullough, 2021a).

• Restricting law enforcement officers from making custodial arrests for fine-only traffic offenses (McCullough, 2021a).

• Establishing standardized disciplinary schedules for officer misconduct that would supersede local collective bargaining agreements (McCullough, 2021b).

• Requiring corroboration of undercover officer testimony in narcotics prosecutions (McCullough, 2021a).

• Abolishing qualified immunity as a legal defense against civil rights lawsuits under state law (McCullough, 2021a).

The legislative fate of House Bill 88 demonstrated the political threshold for police reform in Texas. Faced with opposition from legislative leadership and major law enforcement labor organizations—most notably the Combined Law Enforcement Associations of Texas (CLEAT) and the Texas Municipal Police Association (TMPA)—the omnibus bill failed to advance out of committee (McCullough, 2021a). Lawmakers subsequently unbundled the omnibus package, bifurcating its components into distinct legislative tracks based on union support (McCullough, 2021a).

Provisions that received endorsement from police labor organizations successfully passed with broad bipartisan majorities (McCullough, 2021a). Senate Bill 69 restricted the use of chokeholds unless necessary to prevent serious bodily injury or death (McCullough, 2021a). Senate Bill 68 mandated that officers intervene if a fellow officer uses illegal force (McCullough, 2021a), while Senate Bill 2212 required officers to immediately render first aid and request emergency medical services for injured persons (McCullough, 2021a).

Conversely, structural provisions that infringed upon police union labor agreements, restricted law enforcement discretion, or increased individual civil liability were systematically defeated (McCullough, 2021a). House Bill 829, which sought to establish uniform disciplinary guidelines overriding local labor contracts, passed the House but stalled in the Senate (McCullough, 2021a). Similarly, House Bill 830, aimed at curbing pretextual arrests for fine-only offenses—a residual goal of the 2017 Sandra Bland Act—was defeated (McCullough, 2021a). House Bill 834, requiring corroboration for undercover drug testimony, likewise failed to clear the upper chamber (McCullough, 2021a).

The primary sticking point across the session remained qualified immunity (McCullough, 2021a). Law enforcement advocates argued that ending the shield would trigger mass resignations and critical recruitment shortfalls, whereas reform proponents maintained that without civil liability, administrative bans on force remain unenforceable (McCullough, 2021a, 2021b).

Codifying Transparency: The Botham Jean Act (HB 929)

A notable legislative milestone of the 87th Session was the passage of House Bill 929, known as the Botham Jean Act or "Bo's Law," authored by Representative Carl Sherman Sr. and sponsored in the Senate by Senator Royce West (Texas Legislature, 2021). The legislation directly responded to the September 2018 murder of Botham Jean by off-duty Dallas Police Officer Amber Guyger (McCullough, 2021b; UCLA Law Review, 2019). A central controversy during the subsequent investigation involved DPD supervisors directing an officer to turn off an in-car audio recording system while Guyger spoke with her attorney (Sam Houston State University [SHSU], 2021; UCLA Law Review, 2019).

HB 929 amended Chapter 1701 of the Texas Occupations Code to establish strict statutory requirements for body-worn camera policies (Texas Legislature, 2021). Under the law, any peace officer equipped with a body-worn camera and actively participating in an investigation must keep the camera activated for the entire duration of their active participation (McCullough, 2021a). The statute eliminated ambiguous discretionary exceptions that previously allowed officers to stop recording during ongoing incidents, establishing standardized requirements for data security, supervisory reviews, and a mandatory 90-day minimum video retention period (McCullough, 2021a).

Regulatory Overhaul: TCOLE Sunset Review and SB 1445 (88th Session)

During the 87th Legislative Session, the Texas Commission on Law Enforcement (TCOLE)—the state licensing agency overseeing approximately 2,700 law enforcement agencies and tens of thousands of licensed officers—faced its mandatory Sunset review (Sunset Advisory Commission, 2020). The Sunset Advisory Commission identified severe systemic flaws, characterizing TCOLE's regulatory framework as a fragmented, reactive, and toothless system incapable of preventing misconduct or tracking problem officers across jurisdictions (Sunset Advisory Commission, 2020).

The initial Sunset bill (HB 1550) failed in 2021, forcing lawmakers to grant TCOLE a temporary two-year extension (Sunset Advisory Commission, 2023). In the 88th Legislative Session (2023), lawmakers passed Senate Bill 1445 to institute fundamental reforms in law enforcement regulation (Sunset Advisory Commission, 2023; Texas 2036, 2023).

SB 1445 overhauled the controversial "F-5" separation process (KSAT Investigates, 2023; State Office of Administrative Hearings [SOAH], 2023). Previously, when an officer separated from an agency, the chief administrator filed an F-5 form designating the separation as "Honorable," "General," or "Dishonorable" (KSAT Investigates, 2023). The process faced criticism from both sides: reform advocates noted that agencies allowed bad actors to resign under "Honorable" designations to avoid litigation, while labor groups argued that hostile department leadership used "Dishonorable" designations unfairly, leaving officers with little recourse (KSAT Investigates, 2023).

SB 1445 eliminated the traditional three-tiered discharge status system and replaced it with a standardized, objective misconduct reporting structure (Sunset Advisory Commission, 2023). The law mandated:

• Pre-Employment Vetting: Law enforcement agencies must complete a thorough background check—including searching a TCOLE-designated national law enforcement misconduct database—prior to hiring or licensing an officer (Sunset Advisory Commission, 2023).

• Standardized Misconduct Policies: TCOLE was directed to establish model policies governing internal misconduct investigations, hiring practices, and personnel files, which local agencies must substantively adopt (Sunset Advisory Commission, 2023).

• Due Process and Appeals: Contested misconduct designations are referred to the State Office of Administrative Hearings (SOAH), where administrative law judges determine whether alleged misconduct is proven by a preponderance of the evidence (SOAH, 2023).

Statutory Protections and Public Safety Expansion (89th Session)

By the 89th Legislative Session (2025), the legislative focus shifted decisively toward reinforcing officer legal protections, expanding immigration enforcement mandates, and tightening pretrial bail conditions (CLEAT, 2025; Texas Tribune, 2025). Responding to high-profile indictments of police officers by local district attorneys in urban counties, the Legislature passed Senate Bill 1637 (CLEAT, 2025). The bill modified the state's deadly conduct statute by removing the legal presumption of recklessness for law enforcement officers acting within the course and scope of their official duties, effectively curtailing the ability of prosecutors to secure indictments against officers involved in tactical uses of force (CLEAT, 2025). Lawmakers also enacted Senate Bill 2570, establishing an explicit statutory defense to prosecution for officers who deploy less-than-lethal weaponry during public demonstrations or tactical operations (CLEAT, 2025).

Additionally, public safety legislation in 2025 aligned local enforcement with state and federal priorities through Senate Bill 8, which required local county sheriffs to enter into formal agreements with U.S. Immigration and Customs Enforcement (ICE) to enforce administrative immigration warrants in local jails (Texas Tribune, 2025). Concurrently, voters approved Proposition 3, a constitutional amendment requiring judges to deny bail for individuals accused of certain violent offenses if the state presents evidence demonstrating a threat to public safety (Texas Tribune, 2025).

Table 1 Summary of Key Statewide Police Reform and Public Safety Legislation in Texas (87th–89th Sessions)

LegislativeBill / Measure Primary Focus /Statutory / Policy SessionMechanismOutcome

87th SessionHB 88 (GeorgeOmnibus reform:Failed; unbundled (2021)Floyd Act)Ban chokeholds,into standalone abolish qualifiedmeasures immunity, limit(McCullough, fine-only arrests2021a).

87th SessionHB 929 (BothamMandatesEnacted; amended (2021)Jean Act)continuousOccupations Code body-worn camera§ 1701 (Texas recording duringLegislature, active investigations2021).

87th SessionSB 68 / SB 69 / SBStatutory duty toEnacted with broad (2021)2212intervene, banbipartisan support chokeholds, render(McCullough, first aid2021a).

87th SessionHB 1900 Anti-defundingEnacted; allows (2021)penalties for citiesstate sales tax >250k cutting policereallocations budgets(McCullough, 2021b).

88th SessionSB 1445 TCOLE SunsetEnacted; (2023)Review overhaul;established model replaces F-5misconduct discharge status,standards (Sunset mandates databaseAdvisory checksCommission, 2023).

88th SessionSB 22 Rural LawEnacted; state (2023)Enforcement Grantfunding to boost Program ($330Mdeputy salaries/hiring appropriation)s (Texas Comptroller, 2025).

89th SessionSB 1637 Removes recklessEnacted; limits (2025)presumption inprosecutorial scope deadly conductagainst officers statute for on-duty(CLEAT, 2025). officers

89th SessionSB 2570 Affirmative defenseEnacted; protects (2025)to prosecution fortactical/crowd usingcontrol deployments less-than-lethal(CLEAT, 2025). weapons

89th SessionSB 8 Mandates countyEnacted; (2025)sheriff collaborationstandardizes jail with ICE for 287(g)detainer processing style enforcement(Texas Tribune, 2025).

89th SessionProposition 3 ConstitutionalPassed by (2025)amendmentelectorate; restricts requiring mandatoryjudicial bail bail denial fordiscretion (Texas violent offensesTribune, 2025).

Capital Funding, Expenditure Allocation, and Fiscal Results

Police governance in Texas is fundamentally tethered to fiscal flows from state statutory grants, federal programs, and municipal general funds (Police Funding Database, 2026; Social Movement Support Lab, 2024; Texas Comptroller, 2025). Analyzing state capital streams alongside municipal budgets demonstrates that public safety spending has expanded continuously across Texas jurisdictions (Express-News, 2025; Social Movement Support Lab, 2024).

State and Federal Grant Funding Mechanisms

While urban municipalities fund public safety primarily through municipal property and sales taxes, mid-sized and rural counties rely heavily on state capital grants (Express-News, 2025; Texas Comptroller, 2025). To counter recruitment shortfalls in less populated jurisdictions, the 88th Texas Legislature passed Senate Bill 22, creating the Rural Law Enforcement Grant Program (Texas Comptroller, 2025). Administered by the Texas Comptroller of Public Accounts, SB 22 appropriated $330 million for the 2024–2025 biennium (Texas Comptroller, 2025). By early 2025, Comptroller Glenn Hegar had awarded over $250 million directly to rural sheriff's offices and prosecutor offices to mandate minimum starting salaries and fund additional deputy positions (Texas Comptroller, 2025).

At the federal level, Texas law enforcement agencies draw significant funding through U.S. Department of Homeland Security (DHS) and Department of Justice (DOJ) grant programs (Police Funding Database, 2026). In FY 2025 alone, prime federal grants to Texas public safety entities totaled $114.2 million, anchored by a $113.18 million Homeland Security Grant Program award to the Texas Office of the Governor (Police Funding Database, 2026). Over a ten-year cumulative window, federal awards targeting Texas law enforcement mechanisms exceed $684 million from DHS and $1.85 million from DOJ, heavily prioritizing border security and tactical operations overseen by the Texas Department of Public Safety (DPS) (Police Funding Database, 2026; The Grant Portal, 2025).

Municipal Budgetary Trends and Mass Criminalization Disparities

Following the passage of House Bill 1900 in 2021, major Texas cities faced severe statutory financial penalties if they attempted to reduce law enforcement budgets (McCullough, 2021b; Social Movement Support Lab, 2024). For instance, after briefly reallocating $130 million from the Austin Police Department (APD) in 2020 toward public health and community housing, the City of Austin walked back these measures in 2021, restoring and expanding APD's budget past $500 million (City of Austin, 2025; Social Movement Support Lab, 2024). By FY 2025, APD's budget represented roughly 33% ($500M+) of Austin's $1.45 billion General Fund (City of Austin, 2025; Reddit r/Austin, 2025).

Comparative budgetary research reveals significant disparities between municipal expenditures on public safety/criminal legal systems ("mass criminalization") and expenditures on human services, public health, parks, and housing ("community care") (Social Movement Support Lab, 2024):

• Fort Worth: Exhibits the most disproportionate spending ratio among major Texas cities, spending 6.3 times more on law enforcement and courts than on community services ($1,289 per household for public safety versus $205 for community care) (Social Movement Support Lab, 2024).

• Houston: Allocated over $1 billion to policing and courts in comparison to $213 million for community care (a 4.8-to-1 ratio) (Social Movement Support Lab, 2024). The Houston Police Department (HPD) absorbs roughly 80% of this category (Social Movement Support Lab, 2024).

• Dallas: Maintains a police budget of $509 million to $540 million, consuming 35% to 36% of the city’s $1.4 billion General Fund (WFAA News, 2021). By contrast, community-based alternative safety programs, such as the Office of Integrated Public Safety Solutions, receive roughly $5 million annually—a 100-to-1 funding ratio favoring traditional policing (Social Movement Support Lab, 2024).

• San Antonio: Demonstrates closer parity relative to Fort Worth or Houston, spending 1.6 times more on policing than community services (Social Movement Support Lab, 2024).

However, public safety's share of San Antonio's General Fund has expanded continuously (Express-News, 2025). In FY 2024, public safety comprised 60% of the General Fund, rising to 62% in FY 2025, and reaching 64% ($632 million for SAPD alone) in FY 2026 (Express-News, 2025). San Antonio maintains a municipal policy cap restricting public safety spending to 66% of the General Fund (Express-News, 2025).

Table 2 Municipal Law Enforcement Expenditures, General Fund Shares, and Capital Allocations

Jurisdiction Law% Share ofCriminalizatioNotable EnforcementCity Generaln toCapital / BudgetFundCommunityPolicy (FY25/26)Care RatioFunding Details

San Antonio $632.0 Million 64.0% 1.6 to 1 Budget increased by $30.6M (+5%); funds 40 new patrol officers and 28 substation supervisors; $222M capital delivery projects (Express-News, 2025).

Dallas $516.0M–$54035.0%–36.0% >100 to 1 (vs.Reverted 2020.0 MillionIntegratedovertime cuts; Public Safety) allocated $5M to Office of Integrated Public Safety Solutions (Social Movement Support Lab, 2024; WFAA News, 2021).

Austin $500.0+ Million ~33.0%1.2 to 1 Restored ($1.45B$130M General Fund)post-HB 1900 preemption; highest per-capita police spending among major Texas cities (City of Austin, 2025; Social Movement Support Lab, 2024).

Houston $1.0+ Billion ~30.0%–35.0% 4.8 to 1 Restructured Narcotics Division post-Harding Street; spending on criminal legal system up 148% since 1980 (City of Houston, 2020; Social Movement Support Lab, 2024).

Fort Worth $273.0+ Million ~35.0% 6.3 to 1 Spends $1,289/househ old on policing versus $205 on community care; supported by local Crime Control District tax (Social Movement Support Lab, 2024; WFAA News, 2021).

Local Municipal Reforms and Labor Contract Friction

While state legislation established broad operational baselines, Texas's major metropolitan areas became centers for reform innovation and contentious legal challenges (City of Houston, 2020; KVUE News, 2024; San Antonio Report, 2022).

Austin: Proposition A and the Civil Service "G-File" Legal Battle

The city of Austin has served as a primary testing ground for civilian oversight and municipal reform, leading to structural conflicts involving local voters, police labor unions, and state civil service laws (Community Impact, 2024; Daily Texan, 2023; KVUE News, 2024).

Under Chapter 143 of the Texas Local Government Code—the statutory framework governing municipal civil service for police and fire departments—cities may maintain two distinct sets of personnel records (Daily Texan, 2023; Equity Action v. City of Austin, 2024). Section 143.089(a) dictates the contents of the official public personnel file, which includes commended acts and formal disciplinary actions that result in suspension, demotion, or termination (Equity Action v. City of Austin, 2024). Conversely, Section 143.089(g) permits police departments to maintain a confidential internal file—commonly referred to as the "G-file"—containing unsustained allegations, internal complaints, written reprimands, and records of investigations that did not yield formal statutory discipline (Daily Texan, 2023; Equity Action v. City of Austin, 2024; KVUE News, 2024).

In May 2023, Austin voters passed Proposition A (the Austin Police Oversight Act) by a margin of 79% to 21% (Austin Monitor, 2023; Equity Action v. City of Austin, 2024). Drafted by the accountability organization Equity Action, Proposition A aimed to strengthen the city's Office of Police Oversight (OPO) by granting it independent investigative authority, unfettered access to internal departmental evidence, and explicitly ordering the city to cease maintaining the confidential G-file (Daily Texan, 2023; Equity Action v. City of Austin, 2024; KVUE News, 2023).

Following Prop A's passage, implementation stalled (Daily Texan, 2023; KVUE News, 2023). Executive leadership and the Austin Police Association (APA) contended that dismantling the G-file violated state civil service law and threatened officer privacy rights (Community Impact, 2024; KVUE News, 2024). The APA refused to execute a long-term collective bargaining agreement that incorporated Prop A’s mandates without statutory protections (Community Impact, 2024).

In December 2023, Equity Action filed a lawsuit against the City of Austin for failing to enforce the voter-approved ordinance (KVUE News, 2023, 2024). The legal impasse reached a turning point in late August 2024 when Travis County District Judge Maria Cantú Hexsel issued a ruling in favor of the plaintiffs (Equity Action v. City of Austin, 2024; KVUE News, 2024). The court clarified that while Section 143.089(g) allows municipalities to maintain confidential files, the statute does not mandate their use (Daily Texan, 2023). Because maintaining a G-file is discretionary under state law, the court ruled that Austin voters possessed the municipal authority to ban the practice through ballot initiative (Daily Texan, 2023). This decision required the city to dismantle the G-file system and integrate complete misconduct transparency into ongoing labor negotiations (Community Impact, 2024; Equity Action v. City of Austin, 2024; KVUE News, 2024).

Houston: Narcotics Restructuring and Oversight post-Harding Street

In Houston, structural police reform was driven by the January 2019 Harding Street raid (City of Houston, 2020; TDCAA, 2021; U.S. Department of Justice, 2019). Officers from the Houston Police Department’s (HPD) Narcotics Division executed a no-knock search warrant at the home of Dennis Tuttle and Rhogena Nicholas (U.S. Department of Justice, 2019). The operation resulted in a shootout that left Tuttle and Nicholas dead and five officers injured (U.S. Department of Justice, 2019, 2024).

Subsequent state and federal investigations revealed that Senior Narcotics Officer Gerald Goines had falsified search warrant affidavits, inventing a fictitious confidential informant and fabricating drug purchases to justify the raid (U.S. Department of Justice, 2019, 2024). The scandal exposed structural vulnerabilities within HPD's specialized units, leading to Goines's conviction on state murder charges and federal civil rights counts (U.S. Department of Justice, 2024).

The fallout prompted major operational shifts. Mayor Sylvester Turner appointed a Task Force on Policing Reform, which issued recommendations to revamp HPD operations (City of Houston, 2020). HPD restricted no-knock warrants, instituted mandatory judicial authorization

protocols for narcotics operations, and restructured the Narcotics Division (City of Houston, 2020).

However, external oversight faced ongoing limitations. The city’s Independent Police Oversight Board (IPOB)—a volunteer civilian panel—was criticized by reform advocates for its lack of subpoena power, limited budget, and operational dependence on HPD Internal Affairs for access to case files (City of Houston, 2020). At the county level, Harris County District Attorney Sean Teare undertaken a review of thousands of cases tied to the disgraced narcotics squad, dismissing dozens of convictions tainted by Goines's involvement while declining to pursue charges against secondary officers where evidence was legally insufficient (Harris County District Attorney, 2025; U.S. Department of Justice, 2024).

End of chapter one. 4 more chapters in the full book.