SB2570

Regular Session

Relating to a legal justification for the use of force with a less-lethal force weapon by a correctional facility guard or a peace officer.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Criminal Courts (Judicial determination of justification) • Texas Commission on Law Enforcement (TCOLE) (Training standards) • Texas Commission on Jail Standards (TCJS) (Training standards)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (All personnel must be trained under compliant standards by this date to utilize the defense).
Agency Rulemaking: No specific rulemaking mandated by this bill; however, standards set by TCOLE and TCJS will likely serve as the benchmark for what constitutes valid "training."

Immediate Action Plan

Audit Inventory: Immediately cross-reference issued less-lethal weapons against individual personnel training files to identify gaps.
Archive Manuals: Create a digital archive of all manufacturer operating manuals for devices currently in use to preserve the "standard of care" for future litigation.
Update Policy: Revise Use of Force policies to explicitly define "less-lethal force" consistent with the language in Section 9.55(a) of the Penal Code.
Verify Vendors: Contact external training vendors to confirm their willingness to provide testimony regarding their curriculum if an employee is charged.

Operational Changes Required

Contracts

Training Vendors: Amend Master Services Agreements (MSAs) with third-party training providers. Require vendors to indemnify the organization if their curriculum is found legally insufficient or contrary to manufacturer specifications.
Employment Agreements: Update codes of conduct to explicitly state that deviation from established training protocols regarding less-lethal weapons constitutes a breach of duty, strengthening the employer's position in liability disputes.

Hiring/Training

Curriculum Alignment: Ensure the training curriculum matches the specific make and model of less-lethal weapons issued (e.g., specific Taser models or chemical agents). Generic "less-lethal" certification may not satisfy the "substantial compliance" statutory requirement.
Recurrent Training: Move from "one-and-done" certifications to recurring cycles to ensure the employee's training is considered current by the courts.

Reporting & Record-Keeping

Syllabus Retention: Retain the specific lesson plans and syllabi used at the time of the employee's training, not just completion certificates. You must be able to prove *what* the employee was taught to prove they complied with it.
Incident Reports: Update Use of Force reporting forms to include a mandatory field validating that the force used was consistent with specific training modules.

Fees & Costs

Budget Impact: Low direct fiscal impact. Anticipate minor operational costs associated with auditing training records and potentially re-certifying staff whose training is outdated prior to the September 1, 2025 deadline.

Strategic Ambiguities & Considerations

"Substantial Compliance": The statute does not define the threshold for "substantial compliance." It is unclear how much deviation from training (e.g., hitting a non-target zone due to movement) courts will tolerate before the defense is forfeited.
Manufacturer vs. Policy: Ambiguity exists if agency policy differs from manufacturer guidelines. If an officer follows policy but violates the manufacturer's manual, the "compliance with training" defense may be challenged.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCriminal Procedure Criminal Procedure--general Law Enforcement Weapons

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 2570
89R4611 LHC-D	By: Flores
	Criminal Justice
	4/4/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Law enforcement officers are legally justified to utilize force in many situations to bring suspects to justice, to protect others, and for personal defense. Lesser levels of force are used regularly by police without public notice and with great success in deescalating dangerous situations. Less-than-lethal devices, such as tasers or pepper-spray, can reduce injury rates for suspects and officers. To encourage peace officers to rely on less-than-lethal devices, this legislation provides peace officers a defense to prosecution when using these devices when attempting to prevent harm or death to the public, officers, and suspects in dangerous situations.

S.B. 2570 applies to peace officers and guards employed by a correctional facility and defines "less-lethal force weapon" as:

(1) any weapon, device, or munition that is designed, made, or adapted to expel a projectile or multiple projectiles against a target to temporarily incapacitate the target while minimizing the risk of serious bodily injury or death;

(2) a chemical dispensing device;

(3) a device used to strike a person; or

(4) a "stun gun" as defined by Texas Penal Code Section 38.14.

Less-lethal force is justified to the degree necessary to accomplish the person's official duties if the use of the weapon is in substantial compliance with the person's training.

As proposed, S.B. 2570 amends current law relating to a defense to prosecution for certain offenses involving the use of a less-lethal projectile by a peace officer.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 8, Penal Code, by adding Section 8.09, as follows:

Sec. 8.09. DEFENSE TO CERTAIN OFFENSES INVOLVING USE OF LESS-LETHAL PROJECTILE. (a) Defines "less-lethal projectile."

(b) Provides that, in the prosecution of a peace officer for an offense under the Penal Code that resulted in bodily injury or serious bodily injury to or the death of an individual, it is a defense to prosecution that the injury or death resulted from the use of a less-lethal projectile, the peace officer reasonably believed that the use of the projectile was objectively reasonable to accomplish the officer's official duties as a peace officer, the peace officer did not intentionally, knowingly, or recklessly cause the injury or death when using the projectile, and the peace officer used the projectile in substantial compliance with certain training, policies, procedures, and instructions..

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Peter FloresRepublican · Primary Author

Coauthors (1)

Adam Hinojosa (R)

House Sponsor

Rep. Ryan GuillenRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 2570

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to a legal justification for the use of force with a
	less-lethal force weapon by a correctional facility guard or a
	peace officer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter E, Chapter 9, Penal Code, is amended
	by adding Section 9.55 to read as follows:
	Sec. 9.55. USE OF LESS-LETHAL FORCE WEAPON. (a) In this
	section, "less-lethal force weapon" means:
	(1) any weapon, device, or munition that is designed,
	made, or adapted to expel a projectile or multiple projectiles
	against a target to temporarily incapacitate the target while
	minimizing the risk of serious bodily injury or death;
	(2) a chemical dispensing device;
	(3) a device used to strike a person; or
	(4) a stun gun, as defined by Section 38.14.
	(b) This section applies only to a guard employed by a
	correctional facility or a peace officer who is engaged in the
	discharge of the guard's or officer's official duties.
	(c) A person to whom this section applies is justified in
	using force with a less-lethal force weapon against another when
	and to the degree the person reasonably believes the force was
	necessary to accomplish the person's official duties as a guard or
	officer and if the person's use of the weapon is in substantial
	compliance with the person's training.
	SECTION 2. The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 7, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB2570 by Flores (Relating to a defense to prosecution for certain offenses involving the use of a less-lethal projectile by a peace officer.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, MGol, JPa

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Frequently Asked Questions

Common questions about SB2570

What does Texas SB2570 do?

SB2570 establishes a statutory defense for correctional guards and peace officers using less-lethal force, but strictly conditions this immunity on the employee’s "substantial compliance" with their training. This shifts the legal burden from general reasonableness to specific adherence to documented curriculum, directly impacting private correctional facilities and law enforcement agencies. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (All personnel must be trained under compliant standards by this date to utilize the defense).

Who authored SB2570?

SB2570 was authored by Texas Senator Peter Flores during the Regular Session.

When was SB2570 signed into law?

SB2570 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB2570?

SB2570 is enforced by Texas Criminal Courts (Judicial determination of justification), Texas Commission on Law Enforcement (TCOLE) (Training standards) and Texas Commission on Jail Standards (TCJS) (Training standards).

How urgent is compliance with SB2570?

The compliance urgency for SB2570 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB2570?

The cost impact of SB2570 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB2570 address?

SB2570 addresses topics including criminal procedure, criminal procedure--general, law enforcement and weapons.

Legislative data provided by LegiScanLast updated: November 25, 2025

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