Texas 2017 - 85th Regular

Texas House Bill HB2044 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R1579 NC/KJE-F
2	2	By: Thompson of Harris H.B. No. 2044
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to matters concerning peace officers, including racial
8	8	profiling, use of force, equipment, and disciplinary procedures.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. RACIAL PROFILING, EQUIPMENT, AND USE OF FORCE PROVISIONS
11	11	SECTION 1.01. Effective January 1, 2018, Article 2.132(b),
12	12	Code of Criminal Procedure, is amended to read as follows:
13	13	(b) Each law enforcement agency in this state shall adopt a
14	14	detailed written policy on racial profiling. The policy must:
15	15	(1) clearly define acts constituting racial
16	16	profiling;
17	17	(2) strictly prohibit peace officers employed by the
18	18	agency from engaging in racial profiling;
19	19	(3) implement a process by which an individual may
20	20	file a complaint with the agency if the individual believes that a
21	21	peace officer employed by the agency has engaged in racial
22	22	profiling with respect to the individual;
23	23	(4) provide public education relating to the agency's
24	24	complaint process;
25	25	(5) require appropriate corrective action to be taken
26	26	against a peace officer employed by the agency who, after an
27	27	investigation, is shown to have engaged in racial profiling in
28	28	violation of the agency's policy adopted under this article;
29	29	(6) require collection of information relating to
30	30	motor vehicle stops in which a citation is issued and to arrests
31	31	made as a result of those stops, including information relating to:
32	32	(A) the race or ethnicity of the individual
33	33	detained;
34	34	(B) whether a search was conducted and, if so,
35	35	whether:
36	36	(i) the individual detained consented to
37	37	the search; and
38	38	(ii) any contraband or other evidence was
39	39	discovered in the course of the search; and
40	40	(C) whether the peace officer knew the race or
41	41	ethnicity of the individual detained before detaining that
42	42	individual; and
43	43	(7) require the chief administrator of the agency,
44	44	regardless of whether the administrator is elected, employed, or
45	45	appointed, to submit an annual report of the information collected
46	46	under Subdivision (6) to:
47	47	(A) the Texas Commission on Law Enforcement; and
48	48	(B) the governing body of each county or
49	49	municipality served by the agency, if the agency is an agency of a
50	50	county, municipality, or other political subdivision of the state.
51	51	SECTION 1.02. Effective January 1, 2018, Article 2.134(c),
52	52	Code of Criminal Procedure, is amended to read as follows:
53	53	(c) A report required under Subsection (b) must be submitted
54	54	by the chief administrator of the law enforcement agency,
55	55	regardless of whether the administrator is elected, employed, or
56	56	appointed, and must include:
57	57	(1) a comparative analysis of the information compiled
58	58	under Article 2.133 to:
59	59	(A) evaluate and compare the number of motor
60	60	vehicle stops, within the applicable jurisdiction, of persons who
61	61	are recognized as racial or ethnic minorities and persons who are
62	62	not recognized as racial or ethnic minorities; and
63	63	(B) examine the disposition of motor vehicle
64	64	stops made by officers employed by the agency, categorized
65	65	according to the race or ethnicity of the affected persons, as
66	66	appropriate, including any searches resulting from stops within the
67	67	applicable jurisdiction and whether contraband or other evidence
68	68	was discovered in the course of those searches; and
69	69	(2) information relating to each complaint filed with
70	70	the agency alleging that a peace officer employed by the agency has
71	71	engaged in racial profiling.
72	72	SECTION 1.03. Article 2.137, Code of Criminal Procedure, is
73	73	amended to read as follows:
74	74	Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The
75	75	Department of Public Safety shall adopt rules for providing funds
76	76	or video and audio equipment to law enforcement agencies for the
77	77	purpose of installing video and audio equipment as described by
78	78	Subsection (a-1) [Article 2.135(a)(1)(A)], including specifying
79	79	criteria to prioritize funding or equipment provided to law
80	80	enforcement agencies. The criteria may include consideration of
81	81	tax effort, financial hardship, available revenue, and budget
82	82	surpluses. The criteria must give priority to:
83	83	(1) law enforcement agencies that employ peace
84	84	officers whose primary duty is traffic enforcement;
85	85	(2) smaller jurisdictions; and
86	86	(3) municipal and county law enforcement agencies.
87	87	(a-1) Funds or video and audio equipment provided to a law
88	88	enforcement agency under this section may only be used to install:
89	89	(1) video camera and transmitter-activated equipment
90	90	in law enforcement motor vehicles regularly used by an officer
91	91	employed by the agency to make motor vehicle stops; and
92	92	(2) transmitter-activated equipment in law
93	93	enforcement motorcycles regularly used by an officer employed by
94	94	the agency to make motor vehicle stops.
95	95	(a-2) In this article, "motor vehicle stop" has the meaning
96	96	assigned by Article 2.132(a).
97	97	(b) The Department of Public Safety shall collaborate with
98	98	an institution of higher education to identify law enforcement
99	99	agencies that need funds or video and audio equipment for the
100	100	purpose of installing video and audio equipment as described by
101	101	Subsection (a-1) [Article 2.135(a)(1)(A)]. The collaboration may
102	102	include the use of a survey to assist in developing criteria to
103	103	prioritize funding or equipment provided to law enforcement
104	104	agencies.
105	105	(c) To receive funds or video and audio equipment from the
106	106	state for the purpose of installing video and audio equipment as
107	107	described by Subsection (a-1) [Article 2.135(a)(1)(A)], the
108	108	governing body of a county or municipality, in conjunction with the
109	109	law enforcement agency serving the county or municipality, shall
110	110	certify to the Department of Public Safety that the law enforcement
111	111	agency needs funds or video and audio equipment for that purpose.
112	112	(d) On receipt of funds or video and audio equipment from
113	113	the state for the purpose of installing video and audio equipment as
114	114	described by Subsection (a-1) [Article 2.135(a)(1)(A)], the
115	115	governing body of a county or municipality, in conjunction with the
116	116	law enforcement agency serving the county or municipality, shall
117	117	certify to the Department of Public Safety that the law enforcement
118	118	agency:
119	119	(1) has installed video and audio equipment as
120	120	described by Subsection (a-1); [Article 2.135(a)(1)(A)] and
121	121	(2) is using the equipment to record by video and audio
122	122	equipment or audio equipment, as appropriate, each motor vehicle
123	123	stop made by an officer employed by the agency that is capable of
124	124	being recorded [as required by Article 2.135(a)(1)].
125	125	SECTION 1.04. Sections 9.51(a), (b), (c), and (d), Penal
126	126	Code, are amended to read as follows:
127	127	(a) A peace officer, or a person acting in a peace officer's
128	128	presence and at the officer's [his] direction, is justified in
129	129	using nonlethal force against another when and to the degree the
130	130	actor reasonably believes the force is immediately necessary to
131	131	make or assist in making an arrest or search, or to prevent or
132	132	assist in preventing escape after arrest, if:
133	133	(1) the actor reasonably believes the arrest or search
134	134	is lawful or, if the arrest or search is made under a warrant, the
135	135	actor [he] reasonably believes the warrant is valid; and
136	136	(2) before using force, the actor manifests the
137	137	actor's [his] purpose to arrest or search and identifies the actor
138	138	[himself] as a peace officer or as a person [one] acting at a peace
139	139	officer's direction, unless the actor [he] reasonably believes the
140	140	actor's [his] purpose and identity are already known by or cannot
141	141	reasonably be made known to the person for whom arrest is authorized
142	142	[to be arrested].
143	143	(b) A person who is not [other than] a peace officer [(] or
144	144	[one] acting at a peace officer's [his] direction [)] is justified
145	145	in using nonlethal force against another when and to the degree the
146	146	actor reasonably believes the force is immediately necessary to
147	147	make or assist in making a lawful arrest, or to prevent or assist in
148	148	preventing escape after lawful arrest if, before using force, the
149	149	actor manifests the actor's [his] purpose to and the reason for the
150	150	arrest or reasonably believes the actor's [his] purpose and the
151	151	reason are already known by or cannot reasonably be made known to
152	152	the person for whom arrest is authorized [to be arrested].
153	153	(c) A peace officer is justified in using deadly force
154	154	against another when and to the degree the peace officer reasonably
155	155	believes the deadly force is immediately necessary to make an
156	156	arrest, or to prevent escape after arrest, if the use of force would
157	157	have been justified under Subsection (a) and the actor:
158	158	(1) [the actor reasonably believes the conduct for
159	159	which arrest is authorized included the use or attempted use of
160	160	deadly force; or
161	161	[(2) the actor] reasonably believes [there is a
162	162	substantial risk] that the person for whom arrest is authorized
163	163	poses an imminent threat of [to be arrested will cause] death or
164	164	serious bodily injury to the actor or another; and
165	165	(2) first attempts to use nonlethal force to make the
166	166	arrest or prevent the person's escape, unless the actor reasonably
167	167	believes that nonlethal force is insufficient to mitigate the
168	168	threat described by Subdivision (1) [if the arrest is delayed].
169	169	(d) A person who is not [other than] a peace officer but is
170	170	acting in a peace officer's presence and at the officer's [his]
171	171	direction is justified in using deadly force against another when
172	172	and to the degree the person reasonably believes the deadly force is
173	173	immediately necessary to make a lawful arrest, or to prevent escape
174	174	after a lawful arrest, if the use of force would have been justified
175	175	under Subsection (b) and the actor:
176	176	(1) [the actor reasonably believes the felony or
177	177	offense against the public peace for which arrest is authorized
178	178	included the use or attempted use of deadly force; or
179	179	[(2) the actor] reasonably believes [there is a
180	180	substantial risk] that the person for whom arrest is authorized
181	181	poses an imminent threat of [to be arrested will cause] death or
182	182	serious bodily injury to the actor or another; and
183	183	(2) first attempts to use nonlethal force to make or
184	184	assist in making the arrest or to prevent or assist in preventing
185	185	the person's escape, unless the actor reasonably believes that
186	186	nonlethal force is insufficient to mitigate the threat described by
187	187	Subdivision (1) [if the arrest is delayed].
188	188	SECTION 1.05. Effective January 1, 2018, Article 2.135,
189	189	Code of Criminal Procedure, is repealed.
190	190	SECTION 1.06. The requirements of Articles 2.132 and 2.134,
191	191	Code of Criminal Procedure, as amended by this article, relating to
192	192	the compilation, analysis, and submission of incident-based data
193	193	apply only to information based on a motor vehicle stop occurring on
194	194	or after January 1, 2018.
195	195	SECTION 1.07. The change in law made by this article to
196	196	Section 9.51, Penal Code, applies only to an offense committed on or
197	197	after September 1, 2017. An offense committed before September 1,
198	198	2017, is governed by the law in effect on the date the offense was
199	199	committed, and the former law is continued in effect for that
200	200	purpose. For purposes of this section, an offense was committed
201	201	before September 1, 2017, if any element of the offense occurred
202	202	before that date.
203	203	ARTICLE 2. DISCIPLINARY PROCEDURES
204	204	SECTION 2.01. Section 142.067, Local Government Code, is
205	205	amended to read as follows:
206	206	Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
207	207	(a) Except as provided by Subsection (b), a [A] written meet and
208	208	confer agreement ratified under this subchapter preempts, during
209	209	the term of the agreement and to the extent of any conflict, all
210	210	contrary state statutes, local ordinances, executive orders, civil
211	211	service provisions, or rules adopted by the head of the law
212	212	enforcement agency or municipality or by a division or agent of the
213	213	municipality, such as a personnel board or a civil service
214	214	commission.
215	215	(b) An agreement under this subchapter may not conflict with
216	216	and does not supersede a statute, ordinance, order, civil service
217	217	provision, or rule concerning the disciplinary actions that may be
218	218	imposed on a police officer. The agreement must implement a
219	219	progressive disciplinary matrix as described by Section 143.0511.
220	220	SECTION 2.02. Section 143.003, Local Government Code, is
221	221	amended by adding Subdivision (6) to read as follows:
222	222	(6) "Progressive disciplinary matrix" means a formal
223	223	schedule for disciplinary actions established under Section
224	224	143.0511.
225	225	SECTION 2.03. Section 143.008, Local Government Code, is
226	226	amended by amending Subsection (c) and adding Subsection (c-1) to
227	227	read as follows:
228	228	(c) The commission shall adopt rules that prescribe cause
229	229	for removal or suspension of a fire fighter [or police officer]. The
230	230	rules must comply with the grounds for removal prescribed by
231	231	Section 143.051.
232	232	(c-1) The commission shall adopt rules that prescribe the
233	233	disciplinary actions that may be taken against a police officer
234	234	under a progressive disciplinary matrix.
235	235	SECTION 2.04. Section 143.010, Local Government Code, is
236	236	amended by amending Subsections (b), (e), and (g) and adding
237	237	Subsection (c-1) to read as follows:
238	238	(b) The appeal must include the basis for the appeal and a
239	239	request for a commission hearing. The appeal must also contain a
240	240	statement denying the truth of the charge as made, a statement
241	241	taking exception to the legal sufficiency of the charge, a
242	242	statement alleging that the recommended action does not fit the
243	243	offense or alleged offense, or a combination of these statements.
244	244	An appeal by a police officer for a charge for an incident that
245	245	involves an individual who is a member of the public must also
246	246	include the name and address of the individual.
247	247	(c-1) Not later than the 30th day before the date of a
248	248	commission hearing, the commission shall notify the individual
249	249	listed in an appeal by a police officer of the date and time of the
250	250	hearing, the individual's right to attend, and instructions for
251	251	exercising the individual's rights relating to the hearing. Not
252	252	later than the third day before the date of the hearing, a member of
253	253	the public, whether listed in the appeal or not, may provide
254	254	evidence to the commission, including documentation in support of
255	255	an allegation against an officer that is the basis of a disciplinary
256	256	action.
257	257	(e) The affected fire fighter or police officer or an
258	258	individual named by the police officer as directly involved in the
259	259	incident that is the basis of the disciplinary action may request
260	260	the commission to subpoena any books, records, documents, papers,
261	261	accounts, or witnesses that the fire fighter, [or] police officer,
262	262	or individual considers pertinent to the case. The fire fighter,
263	263	[or] police officer, or individual must make the request before the
264	264	10th day before the date the commission hearing will be held. If
265	265	the commission does not subpoena the material, the commission
266	266	shall, before the third day before the date the hearing will be
267	267	held, make a written report to the fire fighter, [or] police
268	268	officer, or individual stating the reason it will not subpoena the
269	269	requested material. This report shall be read into the public
270	270	record of the commission hearing.
271	271	(g) The commission shall conduct the hearing fairly and
272	272	impartially as prescribed by this chapter and shall render a just
273	273	and fair decision. The commission may consider only the evidence
274	274	submitted at the hearing and, if applicable, any evidence submitted
275	275	by a member of the public under Subsection (c-1).
276	276	SECTION 2.05. Section 143.031, Local Government Code, is
277	277	amended by adding Subsection (d) to read as follows:
278	278	(d) Notwithstanding any other provision of this section,
279	279	the commission may not open a promotional examination to a police
280	280	officer who has a sustained complaint of the police officer using
281	281	excessive force within:
282	282	(1) the police officer's period of service, if the
283	283	police officer has less than six years of service before the date
284	284	the examination is held; or
285	285	(2) the six-year period immediately before the date
286	286	the examination is held, if the police officer has six years or more
287	287	of service before that date.
288	288	SECTION 2.06. Section 143.033, Local Government Code, is
289	289	amended by adding Subsection (b-1) to read as follows:
290	290	(b-1) In accordance with the progressive disciplinary
291	291	matrix, points shall be deducted from the promotional examination
292	292	grade of a police officer who was the subject of a disciplinary
293	293	action within the six years immediately before the examination
294	294	date.
295	295	SECTION 2.07. Section 143.035(b), Local Government Code, is
296	296	amended to read as follows:
297	297	(b) On the recommendation of the head of the police
298	298	department and a majority vote of the sworn police officers in the
299	299	department, the commission may adopt an alternate promotional
300	300	system to select persons to occupy nonentry level positions other
301	301	than positions that are filled by appointment by the department
302	302	head. The promotional system must comply with the requirements
303	303	prescribed by this section. In accordance with the progressive
304	304	disciplinary matrix, points shall be deducted from the promotional
305	305	examination grade of a police officer who was the subject of a
306	306	disciplinary action within the six years immediately before the
307	307	examination date.
308	308	SECTION 2.08. Section 143.051, Local Government Code, is
309	309	amended to read as follows:
310	310	Sec. 143.051. CAUSE FOR DISCIPLINARY ACTION [REMOVAL OR
311	311	SUSPENSION]. (a) A commission rule prescribing cause for removal or
312	312	suspension of a fire fighter [or police officer] is not valid unless
313	313	it involves one or more of the following grounds:
314	314	(1) conviction of a felony or other crime involving
315	315	moral turpitude;
316	316	(2) violations of a municipal charter provision;
317	317	(3) acts of incompetency;
318	318	(4) neglect of duty;
319	319	(5) discourtesy to the public or to a fellow employee
320	320	while the fire fighter [or police officer] is in the line of duty;
321	321	(6) acts showing lack of good moral character;
322	322	(7) drinking intoxicants while on duty or intoxication
323	323	while off duty;
324	324	(8) conduct prejudicial to good order;
325	325	(9) refusal or neglect to pay just debts;
326	326	(10) absence without leave;
327	327	(11) shirking duty or cowardice at fires[, if
328	328	applicable]; or
329	329	(12) violation of an applicable fire [or police]
330	330	department rule or special order.
331	331	(b) A commission rule prescribing cause for taking
332	332	disciplinary action against a police officer under a progressive
333	333	disciplinary matrix is not valid unless the rule involves one or
334	334	more of the following grounds:
335	335	(1) conviction of a felony or other crime involving
336	336	moral turpitude;
337	337	(2) violations of a municipal charter provision;
338	338	(3) acts of incompetency;
339	339	(4) neglect of duty;
340	340	(5) discourtesy to the public or to a fellow employee
341	341	while the police officer is in the line of duty;
342	342	(6) acts showing lack of good moral character;
343	343	(7) drinking intoxicants while on duty or intoxication
344	344	while off duty;
345	345	(8) conduct prejudicial to good order, including use
346	346	of excessive force against a member of the public;
347	347	(9) failure to appropriately de-escalate in an
348	348	encounter with a member of the public in accordance with police
349	349	training;
350	350	(10) refusal or neglect to pay just debts;
351	351	(11) absence without leave;
352	352	(12) shirking duty; or
353	353	(13) violation of an applicable police department rule
354	354	or special order.
355	355	SECTION 2.09. Subchapter D, Chapter 143, Local Government
356	356	Code, is amended by adding Section 143.0511 to read as follows:
357	357	Sec. 143.0511. PROGRESSIVE DISCIPLINARY MATRIX. (a) The
358	358	commission shall establish a progressive disciplinary matrix for
359	359	infractions committed by police officers that consists of a range
360	360	of progressive disciplinary actions applied in a standardized way
361	361	based on the nature of the infraction, including removal,
362	362	suspension, change of duty or assignment, demotion, deduction of
363	363	points from a promotional examination grade, retraining, a written
364	364	warning, or a written reprimand.
365	365	(b) The matrix must include:
366	366	(1) standards for disciplinary actions relating to the
367	367	use of force against another person;
368	368	(2) standards for evaluating the level of discipline
369	369	appropriate for uncommon infractions; and
370	370	(3) presumptive actions to be taken for each type of
371	371	infraction and any adjustment to be made based on a police officer's
372	372	previous disciplinary record.
373	373	SECTION 2.10. Section 143.052, Local Government Code, is
374	374	amended to read as follows:
375	375	Sec. 143.052. DISCIPLINARY SUSPENSIONS OF FIRE FIGHTERS IN
376	376	CERTAIN MUNICIPALITIES. (a) This section does not apply to a
377	377	municipality with a population of 1.5 million or more.
378	378	(b) The head of the fire [or police] department may suspend
379	379	a fire fighter [or police officer] under the department head's
380	380	supervision or jurisdiction for the violation of a civil service
381	381	rule. The suspension may be for a reasonable period not to exceed
382	382	15 calendar days or for an indefinite period. An indefinite
383	383	suspension is equivalent to dismissal from the department.
384	384	(c) If the department head suspends a fire fighter [or
385	385	police officer], the department head shall, within 120 hours after
386	386	the hour of suspension, file a written statement with the
387	387	commission giving the reasons for the suspension. The department
388	388	head shall immediately deliver a copy of the statement in person to
389	389	the suspended fire fighter [or police officer].
390	390	(d) The copy of the written statement must inform the
391	391	suspended fire fighter [or police officer] that [if the person
392	392	wants] to make an appeal to the commission, the fire fighter
393	393	[person] must file a written appeal with the commission within 10
394	394	days after the date the fire fighter [person] receives the copy of
395	395	the statement.
396	396	(e) The written statement filed by the department head with
397	397	the commission must point out each civil service rule alleged to
398	398	have been violated by the suspended fire fighter [or police
399	399	officer] and must describe the alleged acts of the fire fighter
400	400	[person] that the department head contends are in violation of the
401	401	civil service rules. It is not sufficient for the department head
402	402	merely to refer to the provisions of the rules alleged to have been
403	403	violated.
404	404	(f) If the department head does not specifically point out
405	405	in the written statement the act or acts of the fire fighter [or
406	406	police officer] that allegedly violated the civil service rules,
407	407	the commission shall promptly reinstate the fire fighter [person].
408	408	(g) If offered by the department head, the fire fighter [or
409	409	police officer] may agree in writing to voluntarily accept, with no
410	410	right of appeal, a suspension of 16 to 90 calendar days for the
411	411	violation of a civil service rule. The fire fighter [or police
412	412	officer] must accept the offer within five working days after the
413	413	date the offer is made. If the fire fighter [person] refuses the
414	414	offer and wants to appeal to the commission, the fire fighter
415	415	[person] must file a written appeal with the commission within 15
416	416	days after the date the fire fighter [person] receives the copy of
417	417	the written statement of suspension.
418	418	(h) In the original written statement and charges and in any
419	419	hearing conducted under this chapter, the department head may not
420	420	complain of an act that occurred earlier than the 180th day
421	421	preceding the date the department head suspends the fire fighter
422	422	[or police officer]. If the act is allegedly related to criminal
423	423	activity including the violation of a federal, state, or local law
424	424	for which the fire fighter [or police officer] is subject to a
425	425	criminal penalty, the department head may not complain of an act
426	426	that is discovered earlier than the 180th day preceding the date the
427	427	department head suspends the fire fighter [or police officer]. The
428	428	department head must allege that the act complained of is related to
429	429	criminal activity.
430	430	SECTION 2.11. Subchapter D, Chapter 143, Local Government
431	431	Code, is amended by adding Section 143.0521 to read as follows:
432	432	Sec. 143.0521. DISCIPLINARY SUSPENSIONS OF POLICE
433	433	OFFICERS. (a) The head of the police department may suspend a
434	434	police officer under the department head's supervision or
435	435	jurisdiction for the violation of a civil service rule. The
436	436	suspension may be for a reasonable period not to exceed 30 calendar
437	437	days or for an indefinite period. An indefinite suspension is
438	438	equivalent to dismissal from the department.
439	439	(b) If the department head suspends a police officer, the
440	440	department head shall, within 240 hours after the hour of
441	441	suspension, file a written statement with the commission giving the
442	442	reasons for the suspension. The department head shall immediately
443	443	deliver a copy of the statement in person to the suspended police
444	444	officer.
445	445	(c) The copy of the written statement must inform the
446	446	suspended police officer that to make an appeal to the commission,
447	447	the police officer must file a written appeal with the commission
448	448	within 10 days after the date the police officer receives the copy
449	449	of the initial statement.
450	450	(d) The initial written statement filed by the department
451	451	head with the commission must point out each civil service rule
452	452	alleged to have been violated by the suspended police officer and
453	453	must describe the alleged acts of the police officer that the
454	454	department head contends are in violation of the civil service
455	455	rules. It is not sufficient for the department head merely to refer
456	456	to the provisions of the rules alleged to have been violated.
457	457	(e) If the incident that is the basis of the suspension is
458	458	under investigation on the date the initial written statement must
459	459	be filed, the department head shall provide the commission an
460	460	estimated time needed to complete the investigation and provide the
461	461	commission an updated, final statement after the investigation is
462	462	completed. The commission may not conduct an appeal hearing before
463	463	the department head has completed the investigation and provided
464	464	the final written statement to the commission. The department head
465	465	shall complete the investigation not later than the 180th day after
466	466	the date the initial written statement was filed with the
467	467	commission. If the investigation is transferred to a civilian
468	468	review board, the civilian review board shall complete the
469	469	investigation not later that the 270th day after the date the
470	470	initial written statement was filed.
471	471	(f) If the investigation is complete and the department head
472	472	does not specify in the final written statement the act or acts of
473	473	the police officer that allegedly violated the civil service rules,
474	474	the commission shall promptly reinstate the police officer.
475	475	(g) If offered by the department head, the police officer
476	476	may agree in writing to voluntarily accept, with no right of appeal,
477	477	a suspension of 16 to 90 calendar days for the violation of a civil
478	478	service rule. The police officer must accept the offer within five
479	479	working days after the date the offer is made. If the police
480	480	officer refuses the offer and wants to appeal to the commission, the
481	481	police officer must file a written appeal with the commission not
482	482	later than the 15th day after the date the police officer receives
483	483	the copy of the initial written statement of suspension.
484	484	(h) In the written statement and charges and in any hearing
485	485	conducted under this chapter, the department head may not complain
486	486	of an act that occurred earlier than the 180th day preceding the
487	487	date the department head suspends the police officer unless:
488	488	(1) the act is related to an incident reported under
489	489	Article 2.139, Code of Criminal Procedure, as added by Section 1,
490	490	Chapter 516 (H.B. 1036), Acts of the 84th Legislature, Regular
491	491	Session, 2015;
492	492	(2) the investigation results in criminal charges
493	493	within the standard statute of limitations for those charges; or
494	494	(3) the investigation results in further review by a
495	495	civilian oversight system.
496	496	(i) If the act is allegedly related to criminal activity,
497	497	including the violation of a federal, state, or local law for which
498	498	the police officer is subject to a criminal penalty, the department
499	499	head may not complain of an act that may not be prosecuted because
500	500	the statute of limitations has expired. The department head must
501	501	allege that the act complained of is related to criminal activity.
502	502	SECTION 2.12. The heading to Section 143.053, Local
503	503	Government Code, is amended to read as follows:
504	504	Sec. 143.053. APPEAL OF DISCIPLINARY SUSPENSION OF FIRE
505	505	FIGHTER IN CERTAIN MUNICIPALITIES.
506	506	SECTION 2.13. Sections 143.053(b), (e), (f), and (g), Local
507	507	Government Code, are amended to read as follows:
508	508	(b) If a suspended fire fighter [or police officer] appeals
509	509	the suspension to the commission, the commission shall hold a
510	510	hearing and render a decision in writing within 30 days after the
511	511	date it receives notice of appeal. The suspended fire fighter
512	512	[person] and the commission may agree to postpone the hearing for a
513	513	definite period.
514	514	(e) In its decision, the commission shall state whether the
515	515	suspended fire fighter [or police officer] is:
516	516	(1) permanently dismissed from the fire [or police]
517	517	department;
518	518	(2) temporarily suspended from the department; or
519	519	(3) restored to the fire fighter's [person's] former
520	520	position or status in the department's classified service.
521	521	(f) If the commission finds that the period of disciplinary
522	522	suspension should be reduced, the commission may order a reduction
523	523	in the period of suspension. If the suspended fire fighter [or
524	524	police officer] is restored to the position or class of service from
525	525	which the fire fighter [person] was suspended, the fire fighter [or
526	526	police officer] is entitled to:
527	527	(1) full compensation for the actual time lost as a
528	528	result of the suspension at the rate of pay provided for the
529	529	position or class of service from which the fire fighter [person]
530	530	was suspended; and
531	531	(2) restoration of or credit for any other benefits
532	532	lost as a result of the suspension, including sick leave, vacation
533	533	leave, and service credit in a retirement system. Standard payroll
534	534	deductions, if any, for retirement and other benefits restored
535	535	shall be made from the compensation paid, and the municipality
536	536	shall make its standard corresponding contributions, if any, to the
537	537	retirement system or other applicable benefit systems.
538	538	(g) The commission may suspend or dismiss a fire fighter [or
539	539	police officer] only for violation of civil service rules and only
540	540	after a finding by the commission of the truth of specific charges
541	541	against the fire fighter [or police officer].
542	542	SECTION 2.14. Subchapter D, Chapter 143, Local Government
543	543	Code, is amended by adding Section 143.0531 to read as follows:
544	544	Sec. 143.0531. APPEAL OF DISCIPLINARY SUSPENSION OF POLICE
545	545	OFFICER. (a) If a suspended police officer appeals the suspension
546	546	to the commission, the commission shall hold a hearing and render a
547	547	decision in writing within 30 days after the date it receives notice
548	548	of appeal and a final notice of charges representing the conclusion
549	549	of the department's investigation. The suspended police officer
550	550	and the commission may agree to postpone the hearing for a definite
551	551	period.
552	552	(b) In a hearing conducted under this section, the
553	553	department head is restricted to the department head's final
554	554	written statement and charges, which may not be amended.
555	555	(c) The commission may deliberate the decision in closed
556	556	session but may not consider evidence that was not presented at the
557	557	hearing. The commission shall vote in open session.
558	558	(d) In the decision, the commission shall state whether the
559	559	suspended police officer is:
560	560	(1) permanently dismissed from the police department;
561	561	(2) temporarily suspended from the department;
562	562	(3) subject to an alternative form of disciplinary
563	563	action under the progressive disciplinary matrix of the department;
564	564	or
565	565	(4) restored to the police officer's former position
566	566	or status in the department's classified service.
567	567	(e) If the commission finds that the period of disciplinary
568	568	suspension should be reduced, the commission may order a reduction
569	569	in the period of suspension. If the suspended police officer is
570	570	restored to the position or class of service from which the police
571	571	officer was suspended with no reduction in pay, the police officer
572	572	is entitled to:
573	573	(1) full compensation for the actual time lost as a
574	574	result of the suspension at the rate of pay provided for the
575	575	position or class of service from which the police officer was
576	576	suspended; and
577	577	(2) restoration of or credit for any other benefits
578	578	lost as a result of the suspension, including sick leave, vacation
579	579	leave, and service credit in a retirement system. Standard payroll
580	580	deductions, if any, for retirement and other benefits restored
581	581	shall be made from the compensation paid, and the municipality
582	582	shall make its standard corresponding contributions, if any, to the
583	583	retirement system or other applicable benefit systems.
584	584	(f) The commission may suspend or dismiss a police officer
585	585	only for violation of civil service rules and only after a finding
586	586	by the commission of the truth of specific charges against the
587	587	police officer.
588	588	SECTION 2.15. Section 143.054, Local Government Code, is
589	589	amended by amending Subsection (c) and adding Subsections (c-1),
590	590	(c-2), and (d-1) to read as follows:
591	591	(c) The commission may refuse to grant the request for
592	592	demotion of a fire fighter.
593	593	(c-1) Before the commission may refuse to grant a request
594	594	for demotion of a police officer, the commission shall request from
595	595	the department the contact information for any person involved in
596	596	any incident leading the department to recommend demotion,
597	597	including a member of the public or another police officer. The
598	598	commission shall notify an involved person that the person may
599	599	request a public hearing and present reasons why the commission
600	600	should grant the department's request for demotion of the police
601	601	officer. If there are no involved persons or the commission does
602	602	not receive a request for a public hearing from an involved person
603	603	before the 10th day after the date notice was given to the person,
604	604	the commission may refuse to grant the request for demotion.
605	605	(c-2) If the commission believes that probable cause exists
606	606	for ordering the demotion, the commission shall give the fire
607	607	fighter or police officer written notice to appear before the
608	608	commission for a public hearing at a time and place specified in the
609	609	notice. The commission shall give the notice before the 10th day
610	610	before the date the hearing will be held.
611	611	(d-1) Before the 10th day before the date the hearing is
612	612	held, the commission shall give an individual who is a member of the
613	613	public with knowledge of a specific incident that is the basis of
614	614	the recommendation of demotion of a police officer notice of the
615	615	time and place of the hearing and of the individual's right to
616	616	testify.
617	617	SECTION 2.16. Section 143.055(c), Local Government Code, is
618	618	amended to read as follows:
619	619	(c) The head of the police department may assign a police
620	620	officer under the department head's [his] jurisdiction or
621	621	supervision to uncompensated duty. The department head may not
622	622	impose uncompensated duty unless the police officer agrees to
623	623	accept the duty or the uncompensated duty is applied in accordance
624	624	with the department's progressive disciplinary matrix. If the
625	625	police officer agrees to accept uncompensated duty, the department
626	626	head shall give the police officer [person] a written statement
627	627	that specifies the date or dates on which the police officer
628	628	[person] will perform uncompensated duty.
629	629	SECTION 2.17. Section 143.057, Local Government Code, is
630	630	amended by amending Subsection (a) and adding Subsection (b-1) to
631	631	read as follows:
632	632	(a) In addition to the other notice requirements prescribed
633	633	by this chapter, the written notice for a promotional bypass or the
634	634	letter of disciplinary action, as applicable, issued to a fire
635	635	fighter or police officer must state that in an appeal of an
636	636	indefinite suspension, a suspension, a promotional bypass, [or] a
637	637	recommended demotion, or, if issued to a police officer, any other
638	638	disciplinary sanction, the appealing fire fighter or police officer
639	639	may elect to appeal to an independent third party hearing examiner
640	640	instead of to the commission. The letter must also state that if
641	641	the fire fighter or police officer elects to appeal to a hearing
642	642	examiner, the person waives all rights to appeal to a district court
643	643	except as provided by Subsection (j).
644	644	(b-1) A hearing examiner must presume a disciplinary action
645	645	applied to a police officer under a progressive disciplinary matrix
646	646	is reasonable unless the facts indicate that the department
647	647	inappropriately applied a category of offense to the particular
648	648	violation.
649	649	SECTION 2.18. Section 143.089(g), Local Government Code, is
650	650	amended to read as follows:
651	651	(g) A fire [or police] department may maintain a personnel
652	652	file on a fire fighter [or police officer] employed by the
653	653	department for the department's use, but the department may not
654	654	release any information contained in the department file to any
655	655	agency or person requesting information relating to a fire fighter
656	656	[or police officer]. The department shall refer to the director or
657	657	the director's designee a person or agency that requests
658	658	information that is maintained in the fire fighter's [or police
659	659	officer's] personnel file.
660	660	SECTION 2.19. Section 143.1017, Local Government Code, is
661	661	amended by amending Subsections (c) and (h) and adding Subsection
662	662	(c-1) to read as follows:
663	663	(c) If the action directly related to the felony indictment
664	664	or misdemeanor complaint against a fire fighter occurred or was
665	665	discovered on or after the 180th day before the date of the
666	666	indictment or complaint, the department head may, within 60 days
667	667	after the date of final disposition of the indictment or complaint,
668	668	bring a charge against the fire fighter [or police officer] for a
669	669	violation of civil service rules.
670	670	(c-1) A police department head may, within 60 days after the
671	671	date of final disposition of the indictment or complaint, bring a
672	672	charge against the police officer for a violation of civil service
673	673	rules.
674	674	(h) The department head may order an indefinite suspension
675	675	of a fire fighter based on an act classified as a felony or any other
676	676	crime involving moral turpitude after the 180-day period following
677	677	the date of the discovery of the act by the department if the
678	678	department head considers delay to be necessary to protect a
679	679	criminal investigation of the fire fighter's [person's] conduct.
680	680	If the department head intends to order an indefinite suspension of
681	681	a fire fighter after the 180-day period, the department head must
682	682	file with the attorney general a statement describing the criminal
683	683	investigation and its objectives within 180 days after the date the
684	684	act complained of occurred.
685	685	SECTION 2.20. Section 143.117, Local Government Code, is
686	686	amended by amending Subsections (b) and (d) and adding Subsection
687	687	(b-1) to read as follows:
688	688	(b) The department head may suspend a fire fighter [or
689	689	police officer] under this section only if the fire fighter
690	690	[person] violates a civil service rule. However, the department
691	691	head may not suspend a fire fighter [or police officer] later than
692	692	the 180th day after the date the department discovers or becomes
693	693	aware of the civil service rule violation. If, during an
694	694	investigation of an alleged civil service rule violation, it is
695	695	alleged that the fire fighter [or police officer] under
696	696	investigation committed another violation of a civil service rule
697	697	connected with the first alleged violation, the 180-day period
698	698	prescribed by this subsection does not begin again for purposes of a
699	699	suspension of the fire fighter [or police officer] if the second
700	700	violation in question does not involve untruthfulness or refusal to
701	701	obey a valid order to make a statement, and therefore the department
702	702	head may not suspend a fire fighter [or police officer] for the
703	703	second violation later than the 180th day after the date the
704	704	department discovers or becomes aware of the original violation.
705	705	(b-1) The department head may suspend a police officer under
706	706	this section only if the police officer violates a civil service
707	707	rule, except the department head may not suspend a police officer
708	708	later than the first anniversary of the date the department
709	709	discovers or becomes aware of the civil service rule violation.
710	710	(d) The suspension is void and the fire fighter or police
711	711	officer is entitled to the person's full pay if:
712	712	(1) the department head fails to file the statement
713	713	during the required time; or
714	714	(2) the suspension is imposed later than:
715	715	(A) the 180th day after the date the department
716	716	discovers or becomes aware of the violation that resulted in the
717	717	suspension for a fire fighter; or
718	718	(B) the first anniversary of the date the
719	719	department discovered or became aware of the violation that
720	720	resulted in the suspension for a police officer.
721	721	SECTION 2.21. Section 143.119, Local Government Code, is
722	722	amended by amending Subsection (g) and adding Subsection (h) to
723	723	read as follows:
724	724	(g) In the original written statement and charges and in any
725	725	hearing conducted under this chapter involving a fire fighter, the
726	726	department head may not complain of an act that did not occur within
727	727	the six-month period preceding the date on which the department
728	728	head suspends the fire fighter [or police officer].
729	729	(h) In the original written statement and charges and in any
730	730	hearing conducted under this chapter involving a police officer,
731	731	the department head may not complain of an act that did not occur
732	732	within the one-year period preceding the date the department head
733	733	suspends the police officer.
734	734	SECTION 2.22. Section 143.1214, Local Government Code, is
735	735	amended by amending Subsections (b), (c), and (e) and adding
736	736	Subsection (c-1) to read as follows:
737	737	(b) The department shall maintain an investigatory file
738	738	that relates to a disciplinary action against a fire fighter or
739	739	police officer that was overturned on appeal, or any document in the
740	740	possession of the department that relates to a charge of misconduct
741	741	against a fire fighter or police officer, regardless of whether the
742	742	charge is sustained, only in a file created by the department for
743	743	the department's use. The department may only release information
744	744	in those investigatory files or documents relating to a charge of
745	745	misconduct:
746	746	(1) to another law enforcement agency or fire
747	747	department;
748	748	(2) to the office of a district or United States
749	749	attorney; or
750	750	(3) in accordance with Subsection (c) or (c-1).
751	751	(c) The department head or the department head's designee
752	752	may forward a document that relates to disciplinary action against
753	753	a fire fighter [or police officer] to the director or the director's
754	754	designee for inclusion in the fire fighter's [or police officer's]
755	755	personnel file maintained under Sections 143.089(a)-(f) only if:
756	756	(1) disciplinary action was actually taken against the
757	757	fire fighter [or police officer];
758	758	(2) the document shows the disciplinary action taken;
759	759	and
760	760	(3) the document includes at least a brief summary of
761	761	the facts on which the disciplinary action was based.
762	762	(c-1) The department head or the department head's designee
763	763	shall forward a document that relates to disciplinary action
764	764	against a police officer to the director or the director's designee
765	765	for inclusion in the police officer's personnel file maintained
766	766	under Sections 143.089(a)-(f).
767	767	(e) The requirements of this section are in addition to the
768	768	requirements of Section 143.089. This section does not prevent a
769	769	fire fighter [or police officer] from obtaining access to any
770	770	personnel file maintained by the director or the department, other
771	771	than a file maintained by an internal affairs division or other
772	772	similar internal investigative division, on the fire fighter [or
773	773	police officer] under Section 143.089. This section does not
774	774	prevent a police officer from obtaining access to any personnel
775	775	file maintained by the director or the department. A police officer
776	776	may obtain access to information that is subject to disclosure
777	777	under Chapter 552, Government Code, contained in a file maintained
778	778	by an internal affairs division or other similar internal
779	779	investigative division under Section 143.089.
780	780	SECTION 2.23. Section 143.1216(d), Local Government Code,
781	781	is amended to read as follows:
782	782	(d) The department shall [may not] include a record of a
783	783	supervisory intervention procedure or a policy and procedure
784	784	inquiry regarding a police officer in the police officer's
785	785	personnel file maintained under Section 143.089 [or in the
786	786	department file maintained under Section 143.089(g)].
787	787	SECTION 2.24. Section 143.307, Local Government Code, is
788	788	amended by amending Subsections (a) and (b) and adding Subsection
789	789	(d) to read as follows:
790	790	(a) Except as provided by Subsection (d), an [An] agreement
791	791	under this subchapter supersedes a previous statute concerning
792	792	wages, salaries, rates of pay, hours of work, or other terms and
793	793	conditions of employment to the extent of any conflict with the
794	794	statute.
795	795	(b) Except as provided by Subsection (d), an [An] agreement
796	796	under this subchapter preempts any contrary statute, executive
797	797	order, local ordinance, or rule adopted by the state or a political
798	798	subdivision or agent of the state, including a personnel board, a
799	799	civil service commission, or a home-rule municipality.
800	800	(d) An agreement under this subchapter affecting police
801	801	officers may not conflict with and does not supersede a statute,
802	802	order, ordinance, or rule concerning the disciplinary actions that
803	803	may be imposed on a police officer. The agreement must implement a
804	804	progressive disciplinary matrix.
805	805	SECTION 2.25. Section 143.361, Local Government Code, is
806	806	amended by amending Subsections (a) and (b) and adding Subsection
807	807	(d) to read as follows:
808	808	(a) Except as provided by Subsection (d), a [A] written
809	809	agreement ratified under this subchapter between a public employer
810	810	and the bargaining agent supersedes a previous statute concerning
811	811	wages, salaries, rates of pay, hours of work, and other terms of
812	812	employment other than pension benefits to the extent of any
813	813	conflict with the previous statute.
814	814	(b) Except as provided by Subsection (d), a [A] written
815	815	agreement ratified under this subchapter preempts all contrary
816	816	local ordinances, executive orders, legislation, or rules adopted
817	817	by the state or a political subdivision or agent of the state, such
818	818	as a personnel board, a civil service commission, or a home-rule
819	819	municipality.
820	820	(d) An agreement under this subchapter may not conflict with
821	821	and does not supersede an ordinance, order, statute, or rule
822	822	concerning the disciplinary actions that may be imposed on a police
823	823	officer. The agreement must implement a progressive disciplinary
824	824	matrix.
825	825	SECTION 2.26. Section 174.005, Local Government Code, is
826	826	amended to read as follows:
827	827	Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as
828	828	provided by Subsection (b), this [This] chapter preempts all
829	829	contrary local ordinances, executive orders, legislation, or rules
830	830	adopted by the state or by a political subdivision or agent of the
831	831	state, including a personnel board, civil service commission, or
832	832	home-rule municipality.
833	833	(b) This chapter does not authorize the adoption or
834	834	implementation of an agreement that conflicts with an ordinance,
835	835	order, statute, or rule concerning the disciplinary actions that
836	836	may be imposed on a police officer. An agreement adopted under this
837	837	chapter must implement a progressive disciplinary matrix, as
838	838	described by Section 143.0511, for police officers.
839	839	SECTION 2.27. The changes in law made by this article apply
840	840	only to a disciplinary action for conduct that occurs on or after
841	841	September 1, 2018. Conduct that occurs before that date is governed
842	842	by the law in effect immediately before that date, and the former
843	843	law is continued in effect for that purpose.
844	844	SECTION 2.28. Sections 142.067(b), 143.307(d), 143.361(d),
845	845	and 174.005(b), Local Government Code, as added by this article,
846	846	apply only to an agreement entered into or renewed on or after
847	847	September 1, 2018. An agreement entered into or renewed before
848	848	September 1, 2018, is governed by the law in effect on the date the
849	849	agreement was entered into or renewed, and the former law is
850	850	continued in effect for that purpose.
851	851	ARTICLE 3. MODEL PROGRESSIVE DISCIPLINARY MATRIX
852	852	SECTION 3.01. (a) The Bill Blackwood Law Enforcement
853	853	Management Institute of Texas shall consult with law enforcement
854	854	agencies of all sizes, law enforcement associations, law
855	855	enforcement training experts, and appropriate organizations
856	856	engaged in the development of law enforcement policy to develop a
857	857	model progressive disciplinary matrix, as defined by Section
858	858	143.003(6), Local Government Code, as added by this Act, and
859	859	associated training materials regarding the application of that
860	860	matrix. The institute shall provide for a period of public comment
861	861	before adopting the model progressive disciplinary matrix and
862	862	training materials.
863	863	(b) Not later than January 1, 2018, the institute shall
864	864	adopt and disseminate the model progressive disciplinary matrix and
865	865	training materials to all law enforcement agencies and civil
866	866	service commissions in this state.
867	867	SECTION 3.02. This article expires September 1, 2018.
868	868	ARTICLE 4. EFFECTIVE DATES
869	869	SECTION 4.01. (a) Except as otherwise provided by this Act,
870	870	this Act takes effect September 1, 2017.
871	871	(b) Article 2 of this Act takes effect September 1, 2018.