JD Key Consulting Logo
Signed Into Law
Signed June 20, 2025Effective 2025-09-01
SB1637

Regular Session

Relating to the prosecution of the offense of deadly conduct.

Government Affairs & Regulatory Compliance Analysis

SB1637: Government Affairs Overview

SB1637 creates a statutory defense for peace officers against "deadly conduct" charges, provided they are discharging official duties and reasonably believe the force is justified. This legislation requires private entities employing off-duty police or maintaining internal police departments to immediately distinguish legally and operationally between "commissioned peace officers" and standard "security guards," as the liability protections apply strictly to the former.

Phil King·Senate Bill·Regular Session

Low
Low Cost
Effective:2025-09-01

Need Help Navigating This Legislation?

JD Key Consulting provides strategic guidance on Texas regulatory compliance and legislative impact for your business.

SB1637
Low
Relating to the prosecution of the offense of deadly conduct.
Low Compliance Urgency
Requires routine attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
District Attorneys OfficesTexas Criminal Courts
Primary Author: Phil King
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: August 15, 2025 (Target date for updating Use of Force protocols and vendor contracts)
  • Agency Rulemaking: None mandated. However, judicial interpretation of "actual discharge of official duties" regarding off-duty employment will likely evolve through case law rather than agency rules.

Immediate Action Plan

  • 1. Audit Personnel: Segregate rosters into "Commissioned Peace Officers" vs. "Private Security" immediately.
  • 2. Revise MSAs: Amend contracts with security vendors to clearly define "official duty" triggers for off-duty personnel.
  • 3. Update Forms: Redraft internal incident response forms to capture the specific legal elements required by SB1637 (Official Duty + Reasonable Belief).
  • 4. Deploy Body Cameras: If not already in use, deploy body-worn cameras for all commissioned staff to substantiate the "reasonable belief" standard.
  • 5. Notify Counsel: Brief outside counsel on the new defense strategy for potential future liability claims.

Operational Changes Required

Contracts

  • Vendor Reclassification: Master Service Agreements (MSAs) must explicitly distinguish between "Security Services" (unsworn) and "Law Enforcement Services" (sworn).
  • Scope of Duty Clauses: Contracts for off-duty police must define the trigger point where a private contractor reverts to "official duty" status (e.g., witnessing a felony), as this status is the prerequisite for the statutory protection.
  • Indemnification: Update indemnification clauses to cover legal defense costs if an officer’s "reasonable belief" is challenged in court.

Hiring/Training

  • Training Updates: Update Use of Force modules for internal police forces. Curriculum must explicitly link Penal Code Chapter 9 (Justification) to the new exemptions in Section 22.05.
  • Personnel Audit: Verify current commission status of all armed personnel. Expired commissions void the protections of SB1637.

Reporting & Record-Keeping

  • Incident Report Forms: Revise "Use of Force" and "Firearm Discharge" forms immediately. Add mandatory fields requiring the officer to articulate:
  • 1. The specific official duty being performed at the moment of discharge.
  • 2. The specific facts supporting the "reasonable belief" that force was necessary.
  • Time Logs: Maintain precise duty logs to differentiate between "on-clock private time" and "official police action."

Fees & Costs

  • Insurance Adjustments: No new state fees. However, entities should leverage this statute during renewal negotiations for Law Enforcement Liability (LEL) insurance, as the risk of criminal conviction (and subsequent civil liability) for officers is statutorily reduced.

Strategic Ambiguities & Considerations

  • The "Moonlighting" Gap: The statute protects officers in the "actual discharge of official duties." It does not define when an off-duty officer working private security crosses the line from "private employee" to "discharging official duties."
  • *Risk:* A prosecutor may argue an officer involved in a shooting while working a private door-security job was acting as a private citizen, nullifying the defense.
  • "Reasonably Believed": This subjective standard is the only barrier to prosecution. Without objective evidence, this defense is weak.

Need Compliance Guidance on This Legislation?

JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.

Schedule a Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 25, 2025
Passed Senate
Apr 9, 2025
Passed House
Apr 30, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsCrimesCrimes--against PersonsCrimes--against Persons--generalFire Fighters & PoliceFire Fighters & Police--generalPeace Officers
03

House Sponsors

Rep. Phil KingRepublican · Primary Sponsor
Joint Sponsors

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

Explore more bills from this author and on related topics

More from Rep. Phil King

View all bills by Rep. Phil King

Related by Topic

View more Crimes legislation
Quick Reference

Frequently Asked Questions

Common questions about SB1637

Q

What does Texas SB1637 do?

SB1637 creates a statutory defense for peace officers against "deadly conduct" charges, provided they are discharging official duties and reasonably believe the force is justified. This legislation requires private entities employing off-duty police or maintaining internal police departments to immediately distinguish legally and operationally between "commissioned peace officers" and standard "security guards," as the liability protections apply strictly to the former.

Q

Who authored SB1637?

SB1637 was authored by Texas Senator Phil King during the Regular Session.

Q

When was SB1637 signed into law?

SB1637 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce SB1637?

SB1637 is enforced by District Attorneys Offices and Texas Criminal Courts.

Q

How significant are the changes in SB1637?

The regulatory priority for SB1637 is rated as "low". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB1637?

The cost impact of SB1637 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB1637 address?

SB1637 addresses topics including crimes, crimes--against persons, crimes--against persons--general, fire fighters & police and fire fighters & police--general.

Q

What are the key dates for SB1637?

Key dates for SB1637: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026