85R1579 NC/KJE-F
By: Thompson of Harris H.B. No. 2044
A BILL TO BE ENTITLED
AN ACT
relating to matters concerning peace officers, including racial
profiling, use of force, equipment, and disciplinary procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. RACIAL PROFILING, EQUIPMENT, AND USE OF FORCE PROVISIONS
SECTION 1.01. Effective January 1, 2018, Article 2.132(b),
Code of Criminal Procedure, is amended to read as follows:
(b) Each law enforcement agency in this state shall adopt a
detailed written policy on racial profiling. The policy must:
(1) clearly define acts constituting racial
profiling;
(2) strictly prohibit peace officers employed by the
agency from engaging in racial profiling;
(3) implement a process by which an individual may
file a complaint with the agency if the individual believes that a
peace officer employed by the agency has engaged in racial
profiling with respect to the individual;
(4) provide public education relating to the agency's
complaint process;
(5) require appropriate corrective action to be taken
against a peace officer employed by the agency who, after an
investigation, is shown to have engaged in racial profiling in
violation of the agency's policy adopted under this article;
(6) require collection of information relating to
motor vehicle stops in which a citation is issued and to arrests
made as a result of those stops, including information relating to:
(A) the race or ethnicity of the individual
detained;
(B) whether a search was conducted and, if so,
whether:
(i) the individual detained consented to
the search; and
(ii) any contraband or other evidence was
discovered in the course of the search; and
(C) whether the peace officer knew the race or
ethnicity of the individual detained before detaining that
individual; and
(7) require the chief administrator of the agency,
regardless of whether the administrator is elected, employed, or
appointed, to submit an annual report of the information collected
under Subdivision (6) to:
(A) the Texas Commission on Law Enforcement; and
(B) the governing body of each county or
municipality served by the agency, if the agency is an agency of a
county, municipality, or other political subdivision of the state.
SECTION 1.02. Effective January 1, 2018, Article 2.134(c),
Code of Criminal Procedure, is amended to read as follows:
(c) A report required under Subsection (b) must be submitted
by the chief administrator of the law enforcement agency,
regardless of whether the administrator is elected, employed, or
appointed, and must include:
(1) a comparative analysis of the information compiled
under Article 2.133 to:
(A) evaluate and compare the number of motor
vehicle stops, within the applicable jurisdiction, of persons who
are recognized as racial or ethnic minorities and persons who are
not recognized as racial or ethnic minorities; and
(B) examine the disposition of motor vehicle
stops made by officers employed by the agency, categorized
according to the race or ethnicity of the affected persons, as
appropriate, including any searches resulting from stops within the
applicable jurisdiction and whether contraband or other evidence
was discovered in the course of those searches; and
(2) information relating to each complaint filed with
the agency alleging that a peace officer employed by the agency has
engaged in racial profiling.
SECTION 1.03. Article 2.137, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The
Department of Public Safety shall adopt rules for providing funds
or video and audio equipment to law enforcement agencies for the
purpose of installing video and audio equipment as described by
Subsection (a-1) [Article 2.135(a)(1)(A)], including specifying
criteria to prioritize funding or equipment provided to law
enforcement agencies. The criteria may include consideration of
tax effort, financial hardship, available revenue, and budget
surpluses. The criteria must give priority to:
(1) law enforcement agencies that employ peace
officers whose primary duty is traffic enforcement;
(2) smaller jurisdictions; and
(3) municipal and county law enforcement agencies.
(a-1) Funds or video and audio equipment provided to a law
enforcement agency under this section may only be used to install:
(1) video camera and transmitter-activated equipment
in law enforcement motor vehicles regularly used by an officer
employed by the agency to make motor vehicle stops; and
(2) transmitter-activated equipment in law
enforcement motorcycles regularly used by an officer employed by
the agency to make motor vehicle stops.
(a-2) In this article, "motor vehicle stop" has the meaning
assigned by Article 2.132(a).
(b) The Department of Public Safety shall collaborate with
an institution of higher education to identify law enforcement
agencies that need funds or video and audio equipment for the
purpose of installing video and audio equipment as described by
Subsection (a-1) [Article 2.135(a)(1)(A)]. The collaboration may
include the use of a survey to assist in developing criteria to
prioritize funding or equipment provided to law enforcement
agencies.
(c) To receive funds or video and audio equipment from the
state for the purpose of installing video and audio equipment as
described by Subsection (a-1) [Article 2.135(a)(1)(A)], the
governing body of a county or municipality, in conjunction with the
law enforcement agency serving the county or municipality, shall
certify to the Department of Public Safety that the law enforcement
agency needs funds or video and audio equipment for that purpose.
(d) On receipt of funds or video and audio equipment from
the state for the purpose of installing video and audio equipment as
described by Subsection (a-1) [Article 2.135(a)(1)(A)], the
governing body of a county or municipality, in conjunction with the
law enforcement agency serving the county or municipality, shall
certify to the Department of Public Safety that the law enforcement
agency:
(1) has installed video and audio equipment as
described by Subsection (a-1); [Article 2.135(a)(1)(A)] and
(2) is using the equipment to record by video and audio
equipment or audio equipment, as appropriate, each motor vehicle
stop made by an officer employed by the agency that is capable of
being recorded [as required by Article 2.135(a)(1)].
SECTION 1.04. Sections 9.51(a), (b), (c), and (d), Penal
Code, are amended to read as follows:
(a) A peace officer, or a person acting in a peace officer's
presence and at the officer's [his] direction, is justified in
using nonlethal force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
make or assist in making an arrest or search, or to prevent or
assist in preventing escape after arrest, if:
(1) the actor reasonably believes the arrest or search
is lawful or, if the arrest or search is made under a warrant, the
actor [he] reasonably believes the warrant is valid; and
(2) before using force, the actor manifests the
actor's [his] purpose to arrest or search and identifies the actor
[himself] as a peace officer or as a person [one] acting at a peace
officer's direction, unless the actor [he] reasonably believes the
actor's [his] purpose and identity are already known by or cannot
reasonably be made known to the person for whom arrest is authorized
[to be arrested].
(b) A person who is not [other than] a peace officer [(] or
[one] acting at a peace officer's [his] direction [)] is justified
in using nonlethal force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
make or assist in making a lawful arrest, or to prevent or assist in
preventing escape after lawful arrest if, before using force, the
actor manifests the actor's [his] purpose to and the reason for the
arrest or reasonably believes the actor's [his] purpose and the
reason are already known by or cannot reasonably be made known to
the person for whom arrest is authorized [to be arrested].
(c) A peace officer is justified in using deadly force
against another when and to the degree the peace officer reasonably
believes the deadly force is immediately necessary to make an
arrest, or to prevent escape after arrest, if the use of force would
have been justified under Subsection (a) and the actor:
(1) [the actor reasonably believes the conduct for
which arrest is authorized included the use or attempted use of
deadly force; or
[(2) the actor] reasonably believes [there is a
substantial risk] that the person for whom arrest is authorized
poses an imminent threat of [to be arrested will cause] death or
serious bodily injury to the actor or another; and
(2) first attempts to use nonlethal force to make the
arrest or prevent the person's escape, unless the actor reasonably
believes that nonlethal force is insufficient to mitigate the
threat described by Subdivision (1) [if the arrest is delayed].
(d) A person who is not [other than] a peace officer but is
acting in a peace officer's presence and at the officer's [his]
direction is justified in using deadly force against another when
and to the degree the person reasonably believes the deadly force is
immediately necessary to make a lawful arrest, or to prevent escape
after a lawful arrest, if the use of force would have been justified
under Subsection (b) and the actor:
(1) [the actor reasonably believes the felony or
offense against the public peace for which arrest is authorized
included the use or attempted use of deadly force; or
[(2) the actor] reasonably believes [there is a
substantial risk] that the person for whom arrest is authorized
poses an imminent threat of [to be arrested will cause] death or
serious bodily injury to the actor or another; and
(2) first attempts to use nonlethal force to make or
assist in making the arrest or to prevent or assist in preventing
the person's escape, unless the actor reasonably believes that
nonlethal force is insufficient to mitigate the threat described by
Subdivision (1) [if the arrest is delayed].
SECTION 1.05. Effective January 1, 2018, Article 2.135,
Code of Criminal Procedure, is repealed.
SECTION 1.06. The requirements of Articles 2.132 and 2.134,
Code of Criminal Procedure, as amended by this article, relating to
the compilation, analysis, and submission of incident-based data
apply only to information based on a motor vehicle stop occurring on
or after January 1, 2018.
SECTION 1.07. The change in law made by this article to
Section 9.51, Penal Code, applies only to an offense committed on or
after September 1, 2017. An offense committed before September 1,
2017, 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 September 1, 2017, if any element of the offense occurred
before that date.
ARTICLE 2. DISCIPLINARY PROCEDURES
SECTION 2.01. Section 142.067, Local Government Code, is
amended to read as follows:
Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
(a) Except as provided by Subsection (b), a [A] written meet and
confer agreement ratified under this subchapter preempts, during
the term of the agreement and to the extent of any conflict, all
contrary state statutes, local ordinances, executive orders, civil
service provisions, or rules adopted by the head of the law
enforcement agency or municipality or by a division or agent of the
municipality, such as a personnel board or a civil service
commission.
(b) An agreement under this subchapter may not conflict with
and does not supersede a statute, ordinance, order, civil service
provision, or rule concerning the disciplinary actions that may be
imposed on a police officer. The agreement must implement a
progressive disciplinary matrix as described by Section 143.0511.
SECTION 2.02. Section 143.003, Local Government Code, is
amended by adding Subdivision (6) to read as follows:
(6) "Progressive disciplinary matrix" means a formal
schedule for disciplinary actions established under Section
143.0511.
SECTION 2.03. Section 143.008, Local Government Code, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) The commission shall adopt rules that prescribe cause
for removal or suspension of a fire fighter [or police officer]. The
rules must comply with the grounds for removal prescribed by
Section 143.051.
(c-1) The commission shall adopt rules that prescribe the
disciplinary actions that may be taken against a police officer
under a progressive disciplinary matrix.
SECTION 2.04. Section 143.010, Local Government Code, is
amended by amending Subsections (b), (e), and (g) and adding
Subsection (c-1) to read as follows:
(b) The appeal must include the basis for the appeal and a
request for a commission hearing. The appeal must also contain a
statement denying the truth of the charge as made, a statement
taking exception to the legal sufficiency of the charge, a
statement alleging that the recommended action does not fit the
offense or alleged offense, or a combination of these statements.
An appeal by a police officer for a charge for an incident that
involves an individual who is a member of the public must also
include the name and address of the individual.
(c-1) Not later than the 30th day before the date of a
commission hearing, the commission shall notify the individual
listed in an appeal by a police officer of the date and time of the
hearing, the individual's right to attend, and instructions for
exercising the individual's rights relating to the hearing. Not
later than the third day before the date of the hearing, a member of
the public, whether listed in the appeal or not, may provide
evidence to the commission, including documentation in support of
an allegation against an officer that is the basis of a disciplinary
action.
(e) The affected fire fighter or police officer or an
individual named by the police officer as directly involved in the
incident that is the basis of the disciplinary action may request
the commission to subpoena any books, records, documents, papers,
accounts, or witnesses that the fire fighter, [or] police officer,
or individual considers pertinent to the case. The fire fighter,
[or] police officer, or individual must make the request before the
10th day before the date the commission hearing will be held. If
the commission does not subpoena the material, the commission
shall, before the third day before the date the hearing will be
held, make a written report to the fire fighter, [or] police
officer, or individual stating the reason it will not subpoena the
requested material. This report shall be read into the public
record of the commission hearing.
(g) The commission shall conduct the hearing fairly and
impartially as prescribed by this chapter and shall render a just
and fair decision. The commission may consider only the evidence
submitted at the hearing and, if applicable, any evidence submitted
by a member of the public under Subsection (c-1).
SECTION 2.05. Section 143.031, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d) Notwithstanding any other provision of this section,
the commission may not open a promotional examination to a police
officer who has a sustained complaint of the police officer using
excessive force within:
(1) the police officer's period of service, if the
police officer has less than six years of service before the date
the examination is held; or
(2) the six-year period immediately before the date
the examination is held, if the police officer has six years or more
of service before that date.
SECTION 2.06. Section 143.033, Local Government Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) In accordance with the progressive disciplinary
matrix, points shall be deducted from the promotional examination
grade of a police officer who was the subject of a disciplinary
action within the six years immediately before the examination
date.
SECTION 2.07. Section 143.035(b), Local Government Code, is
amended to read as follows:
(b) On the recommendation of the head of the police
department and a majority vote of the sworn police officers in the
department, the commission may adopt an alternate promotional
system to select persons to occupy nonentry level positions other
than positions that are filled by appointment by the department
head. The promotional system must comply with the requirements
prescribed by this section. In accordance with the progressive
disciplinary matrix, points shall be deducted from the promotional
examination grade of a police officer who was the subject of a
disciplinary action within the six years immediately before the
examination date.
SECTION 2.08. Section 143.051, Local Government Code, is
amended to read as follows:
Sec. 143.051. CAUSE FOR DISCIPLINARY ACTION [REMOVAL OR
SUSPENSION]. (a) A commission rule prescribing cause for removal or
suspension of a fire fighter [or police officer] is not valid unless
it involves one or more of the following grounds:
(1) conviction of a felony or other crime involving
moral turpitude;
(2) violations of a municipal charter provision;
(3) acts of incompetency;
(4) neglect of duty;
(5) discourtesy to the public or to a fellow employee
while the fire fighter [or police officer] is in the line of duty;
(6) acts showing lack of good moral character;
(7) drinking intoxicants while on duty or intoxication
while off duty;
(8) conduct prejudicial to good order;
(9) refusal or neglect to pay just debts;
(10) absence without leave;
(11) shirking duty or cowardice at fires[, if
applicable]; or
(12) violation of an applicable fire [or police]
department rule or special order.
(b) A commission rule prescribing cause for taking
disciplinary action against a police officer under a progressive
disciplinary matrix is not valid unless the rule involves one or
more of the following grounds:
(1) conviction of a felony or other crime involving
moral turpitude;
(2) violations of a municipal charter provision;
(3) acts of incompetency;
(4) neglect of duty;
(5) discourtesy to the public or to a fellow employee
while the police officer is in the line of duty;
(6) acts showing lack of good moral character;
(7) drinking intoxicants while on duty or intoxication
while off duty;
(8) conduct prejudicial to good order, including use
of excessive force against a member of the public;
(9) failure to appropriately de-escalate in an
encounter with a member of the public in accordance with police
training;
(10) refusal or neglect to pay just debts;
(11) absence without leave;
(12) shirking duty; or
(13) violation of an applicable police department rule
or special order.
SECTION 2.09. Subchapter D, Chapter 143, Local Government
Code, is amended by adding Section 143.0511 to read as follows:
Sec. 143.0511. PROGRESSIVE DISCIPLINARY MATRIX. (a) The
commission shall establish a progressive disciplinary matrix for
infractions committed by police officers that consists of a range
of progressive disciplinary actions applied in a standardized way
based on the nature of the infraction, including removal,
suspension, change of duty or assignment, demotion, deduction of
points from a promotional examination grade, retraining, a written
warning, or a written reprimand.
(b) The matrix must include:
(1) standards for disciplinary actions relating to the
use of force against another person;
(2) standards for evaluating the level of discipline
appropriate for uncommon infractions; and
(3) presumptive actions to be taken for each type of
infraction and any adjustment to be made based on a police officer's
previous disciplinary record.
SECTION 2.10. Section 143.052, Local Government Code, is
amended to read as follows:
Sec. 143.052. DISCIPLINARY SUSPENSIONS OF FIRE FIGHTERS IN
CERTAIN MUNICIPALITIES. (a) This section does not apply to a
municipality with a population of 1.5 million or more.
(b) The head of the fire [or police] department may suspend
a fire fighter [or police officer] under the department head's
supervision or jurisdiction for the violation of a civil service
rule. The suspension may be for a reasonable period not to exceed
15 calendar days or for an indefinite period. An indefinite
suspension is equivalent to dismissal from the department.
(c) If the department head suspends a fire fighter [or
police officer], the department head shall, within 120 hours after
the hour of suspension, file a written statement with the
commission giving the reasons for the suspension. The department
head shall immediately deliver a copy of the statement in person to
the suspended fire fighter [or police officer].
(d) The copy of the written statement must inform the
suspended fire fighter [or police officer] that [if the person
wants] to make an appeal to the commission, the fire fighter
[person] must file a written appeal with the commission within 10
days after the date the fire fighter [person] receives the copy of
the statement.
(e) The written statement filed by the department head with
the commission must point out each civil service rule alleged to
have been violated by the suspended fire fighter [or police
officer] and must describe the alleged acts of the fire fighter
[person] that the department head contends are in violation of the
civil service rules. It is not sufficient for the department head
merely to refer to the provisions of the rules alleged to have been
violated.
(f) If the department head does not specifically point out
in the written statement the act or acts of the fire fighter [or
police officer] that allegedly violated the civil service rules,
the commission shall promptly reinstate the fire fighter [person].
(g) If offered by the department head, the fire fighter [or
police officer] may agree in writing to voluntarily accept, with no
right of appeal, a suspension of 16 to 90 calendar days for the
violation of a civil service rule. The fire fighter [or police
officer] must accept the offer within five working days after the
date the offer is made. If the fire fighter [person] refuses the
offer and wants to appeal to the commission, the fire fighter
[person] must file a written appeal with the commission within 15
days after the date the fire fighter [person] receives the copy of
the written statement of suspension.
(h) In the original written statement and charges and in any
hearing conducted under this chapter, the department head may not
complain of an act that occurred earlier than the 180th day
preceding the date the department head suspends the fire fighter
[or police officer]. If the act is allegedly related to criminal
activity including the violation of a federal, state, or local law
for which the fire fighter [or police officer] is subject to a
criminal penalty, the department head may not complain of an act
that is discovered earlier than the 180th day preceding the date the
department head suspends the fire fighter [or police officer]. The
department head must allege that the act complained of is related to
criminal activity.
SECTION 2.11. Subchapter D, Chapter 143, Local Government
Code, is amended by adding Section 143.0521 to read as follows:
Sec. 143.0521. DISCIPLINARY SUSPENSIONS OF POLICE
OFFICERS. (a) The head of the police department may suspend a
police officer under the department head's supervision or
jurisdiction for the violation of a civil service rule. The
suspension may be for a reasonable period not to exceed 30 calendar
days or for an indefinite period. An indefinite suspension is
equivalent to dismissal from the department.
(b) If the department head suspends a police officer, the
department head shall, within 240 hours after the hour of
suspension, file a written statement with the commission giving the
reasons for the suspension. The department head shall immediately
deliver a copy of the statement in person to the suspended police
officer.
(c) The copy of the written statement must inform the
suspended police officer that to make an appeal to the commission,
the police officer must file a written appeal with the commission
within 10 days after the date the police officer receives the copy
of the initial statement.
(d) The initial written statement filed by the department
head with the commission must point out each civil service rule
alleged to have been violated by the suspended police officer and
must describe the alleged acts of the police officer that the
department head contends are in violation of the civil service
rules. It is not sufficient for the department head merely to refer
to the provisions of the rules alleged to have been violated.
(e) If the incident that is the basis of the suspension is
under investigation on the date the initial written statement must
be filed, the department head shall provide the commission an
estimated time needed to complete the investigation and provide the
commission an updated, final statement after the investigation is
completed. The commission may not conduct an appeal hearing before
the department head has completed the investigation and provided
the final written statement to the commission. The department head
shall complete the investigation not later than the 180th day after
the date the initial written statement was filed with the
commission. If the investigation is transferred to a civilian
review board, the civilian review board shall complete the
investigation not later that the 270th day after the date the
initial written statement was filed.
(f) If the investigation is complete and the department head
does not specify in the final written statement the act or acts of
the police officer that allegedly violated the civil service rules,
the commission shall promptly reinstate the police officer.
(g) If offered by the department head, the police officer
may agree in writing to voluntarily accept, with no right of appeal,
a suspension of 16 to 90 calendar days for the violation of a civil
service rule. The police officer must accept the offer within five
working days after the date the offer is made. If the police
officer refuses the offer and wants to appeal to the commission, the
police officer must file a written appeal with the commission not
later than the 15th day after the date the police officer receives
the copy of the initial written statement of suspension.
(h) In the written statement and charges and in any hearing
conducted under this chapter, the department head may not complain
of an act that occurred earlier than the 180th day preceding the
date the department head suspends the police officer unless:
(1) the act is related to an incident reported under
Article 2.139, Code of Criminal Procedure, as added by Section 1,
Chapter 516 (H.B. 1036), Acts of the 84th Legislature, Regular
Session, 2015;
(2) the investigation results in criminal charges
within the standard statute of limitations for those charges; or
(3) the investigation results in further review by a
civilian oversight system.
(i) If the act is allegedly related to criminal activity,
including the violation of a federal, state, or local law for which
the police officer is subject to a criminal penalty, the department
head may not complain of an act that may not be prosecuted because
the statute of limitations has expired. The department head must
allege that the act complained of is related to criminal activity.
SECTION 2.12. The heading to Section 143.053, Local
Government Code, is amended to read as follows:
Sec. 143.053. APPEAL OF DISCIPLINARY SUSPENSION OF FIRE
FIGHTER IN CERTAIN MUNICIPALITIES.
SECTION 2.13. Sections 143.053(b), (e), (f), and (g), Local
Government Code, are amended to read as follows:
(b) If a suspended fire fighter [or police officer] appeals
the suspension to the commission, the commission shall hold a
hearing and render a decision in writing within 30 days after the
date it receives notice of appeal. The suspended fire fighter
[person] and the commission may agree to postpone the hearing for a
definite period.
(e) In its decision, the commission shall state whether the
suspended fire fighter [or police officer] is:
(1) permanently dismissed from the fire [or police]
department;
(2) temporarily suspended from the department; or
(3) restored to the fire fighter's [person's] former
position or status in the department's classified service.
(f) If the commission finds that the period of disciplinary
suspension should be reduced, the commission may order a reduction
in the period of suspension. If the suspended fire fighter [or
police officer] is restored to the position or class of service from
which the fire fighter [person] was suspended, the fire fighter [or
police officer] is entitled to:
(1) full compensation for the actual time lost as a
result of the suspension at the rate of pay provided for the
position or class of service from which the fire fighter [person]
was suspended; and
(2) restoration of or credit for any other benefits
lost as a result of the suspension, including sick leave, vacation
leave, and service credit in a retirement system. Standard payroll
deductions, if any, for retirement and other benefits restored
shall be made from the compensation paid, and the municipality
shall make its standard corresponding contributions, if any, to the
retirement system or other applicable benefit systems.
(g) The commission may suspend or dismiss a fire fighter [or
police officer] only for violation of civil service rules and only
after a finding by the commission of the truth of specific charges
against the fire fighter [or police officer].
SECTION 2.14. Subchapter D, Chapter 143, Local Government
Code, is amended by adding Section 143.0531 to read as follows:
Sec. 143.0531. APPEAL OF DISCIPLINARY SUSPENSION OF POLICE
OFFICER. (a) If a suspended police officer appeals the suspension
to the commission, the commission shall hold a hearing and render a
decision in writing within 30 days after the date it receives notice
of appeal and a final notice of charges representing the conclusion
of the department's investigation. The suspended police officer
and the commission may agree to postpone the hearing for a definite
period.
(b) In a hearing conducted under this section, the
department head is restricted to the department head's final
written statement and charges, which may not be amended.
(c) The commission may deliberate the decision in closed
session but may not consider evidence that was not presented at the
hearing. The commission shall vote in open session.
(d) In the decision, the commission shall state whether the
suspended police officer is:
(1) permanently dismissed from the police department;
(2) temporarily suspended from the department;
(3) subject to an alternative form of disciplinary
action under the progressive disciplinary matrix of the department;
or
(4) restored to the police officer's former position
or status in the department's classified service.
(e) If the commission finds that the period of disciplinary
suspension should be reduced, the commission may order a reduction
in the period of suspension. If the suspended police officer is
restored to the position or class of service from which the police
officer was suspended with no reduction in pay, the police officer
is entitled to:
(1) full compensation for the actual time lost as a
result of the suspension at the rate of pay provided for the
position or class of service from which the police officer was
suspended; and
(2) restoration of or credit for any other benefits
lost as a result of the suspension, including sick leave, vacation
leave, and service credit in a retirement system. Standard payroll
deductions, if any, for retirement and other benefits restored
shall be made from the compensation paid, and the municipality
shall make its standard corresponding contributions, if any, to the
retirement system or other applicable benefit systems.
(f) The commission may suspend or dismiss a police officer
only for violation of civil service rules and only after a finding
by the commission of the truth of specific charges against the
police officer.
SECTION 2.15. Section 143.054, Local Government Code, is
amended by amending Subsection (c) and adding Subsections (c-1),
(c-2), and (d-1) to read as follows:
(c) The commission may refuse to grant the request for
demotion of a fire fighter.
(c-1) Before the commission may refuse to grant a request
for demotion of a police officer, the commission shall request from
the department the contact information for any person involved in
any incident leading the department to recommend demotion,
including a member of the public or another police officer. The
commission shall notify an involved person that the person may
request a public hearing and present reasons why the commission
should grant the department's request for demotion of the police
officer. If there are no involved persons or the commission does
not receive a request for a public hearing from an involved person
before the 10th day after the date notice was given to the person,
the commission may refuse to grant the request for demotion.
(c-2) If the commission believes that probable cause exists
for ordering the demotion, the commission shall give the fire
fighter or police officer written notice to appear before the
commission for a public hearing at a time and place specified in the
notice. The commission shall give the notice before the 10th day
before the date the hearing will be held.
(d-1) Before the 10th day before the date the hearing is
held, the commission shall give an individual who is a member of the
public with knowledge of a specific incident that is the basis of
the recommendation of demotion of a police officer notice of the
time and place of the hearing and of the individual's right to
testify.
SECTION 2.16. Section 143.055(c), Local Government Code, is
amended to read as follows:
(c) The head of the police department may assign a police
officer under the department head's [his] jurisdiction or
supervision to uncompensated duty. The department head may not
impose uncompensated duty unless the police officer agrees to
accept the duty or the uncompensated duty is applied in accordance
with the department's progressive disciplinary matrix. If the
police officer agrees to accept uncompensated duty, the department
head shall give the police officer [person] a written statement
that specifies the date or dates on which the police officer
[person] will perform uncompensated duty.
SECTION 2.17. Section 143.057, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (b-1) to
read as follows:
(a) In addition to the other notice requirements prescribed
by this chapter, the written notice for a promotional bypass or the
letter of disciplinary action, as applicable, issued to a fire
fighter or police officer must state that in an appeal of an
indefinite suspension, a suspension, a promotional bypass, [or] a
recommended demotion, or, if issued to a police officer, any other
disciplinary sanction, the appealing fire fighter or police officer
may elect to appeal to an independent third party hearing examiner
instead of to the commission. The letter must also state that if
the fire fighter or police officer elects to appeal to a hearing
examiner, the person waives all rights to appeal to a district court
except as provided by Subsection (j).
(b-1) A hearing examiner must presume a disciplinary action
applied to a police officer under a progressive disciplinary matrix
is reasonable unless the facts indicate that the department
inappropriately applied a category of offense to the particular
violation.
SECTION 2.18. Section 143.089(g), Local Government Code, is
amended to read as follows:
(g) A fire [or police] department may maintain a personnel
file on a fire fighter [or police officer] employed by the
department for the department's use, but the department may not
release any information contained in the department file to any
agency or person requesting information relating to a fire fighter
[or police officer]. The department shall refer to the director or
the director's designee a person or agency that requests
information that is maintained in the fire fighter's [or police
officer's] personnel file.
SECTION 2.19. Section 143.1017, Local Government Code, is
amended by amending Subsections (c) and (h) and adding Subsection
(c-1) to read as follows:
(c) If the action directly related to the felony indictment
or misdemeanor complaint against a fire fighter occurred or was
discovered on or after the 180th day before the date of the
indictment or complaint, the department head may, within 60 days
after the date of final disposition of the indictment or complaint,
bring a charge against the fire fighter [or police officer] for a
violation of civil service rules.
(c-1) A police department head may, within 60 days after the
date of final disposition of the indictment or complaint, bring a
charge against the police officer for a violation of civil service
rules.
(h) The department head may order an indefinite suspension
of a fire fighter based on an act classified as a felony or any other
crime involving moral turpitude after the 180-day period following
the date of the discovery of the act by the department if the
department head considers delay to be necessary to protect a
criminal investigation of the fire fighter's [person's] conduct.
If the department head intends to order an indefinite suspension of
a fire fighter after the 180-day period, the department head must
file with the attorney general a statement describing the criminal
investigation and its objectives within 180 days after the date the
act complained of occurred.
SECTION 2.20. Section 143.117, Local Government Code, is
amended by amending Subsections (b) and (d) and adding Subsection
(b-1) to read as follows:
(b) The department head may suspend a fire fighter [or
police officer] under this section only if the fire fighter
[person] violates a civil service rule. However, the department
head may not suspend a fire fighter [or police officer] later than
the 180th day after the date the department discovers or becomes
aware of the civil service rule violation. If, during an
investigation of an alleged civil service rule violation, it is
alleged that the fire fighter [or police officer] under
investigation committed another violation of a civil service rule
connected with the first alleged violation, the 180-day period
prescribed by this subsection does not begin again for purposes of a
suspension of the fire fighter [or police officer] if the second
violation in question does not involve untruthfulness or refusal to
obey a valid order to make a statement, and therefore the department
head may not suspend a fire fighter [or police officer] for the
second violation later than the 180th day after the date the
department discovers or becomes aware of the original violation.
(b-1) The department head may suspend a police officer under
this section only if the police officer violates a civil service
rule, except the department head may not suspend a police officer
later than the first anniversary of the date the department
discovers or becomes aware of the civil service rule violation.
(d) The suspension is void and the fire fighter or police
officer is entitled to the person's full pay if:
(1) the department head fails to file the statement
during the required time; or
(2) the suspension is imposed later than:
(A) the 180th day after the date the department
discovers or becomes aware of the violation that resulted in the
suspension for a fire fighter; or
(B) the first anniversary of the date the
department discovered or became aware of the violation that
resulted in the suspension for a police officer.
SECTION 2.21. Section 143.119, Local Government Code, is
amended by amending Subsection (g) and adding Subsection (h) to
read as follows:
(g) In the original written statement and charges and in any
hearing conducted under this chapter involving a fire fighter, the
department head may not complain of an act that did not occur within
the six-month period preceding the date on which the department
head suspends the fire fighter [or police officer].
(h) In the original written statement and charges and in any
hearing conducted under this chapter involving a police officer,
the department head may not complain of an act that did not occur
within the one-year period preceding the date the department head
suspends the police officer.
SECTION 2.22. Section 143.1214, Local Government Code, is
amended by amending Subsections (b), (c), and (e) and adding
Subsection (c-1) to read as follows:
(b) The department shall maintain an investigatory file
that relates to a disciplinary action against a fire fighter or
police officer that was overturned on appeal, or any document in the
possession of the department that relates to a charge of misconduct
against a fire fighter or police officer, regardless of whether the
charge is sustained, only in a file created by the department for
the department's use. The department may only release information
in those investigatory files or documents relating to a charge of
misconduct:
(1) to another law enforcement agency or fire
department;
(2) to the office of a district or United States
attorney; or
(3) in accordance with Subsection (c) or (c-1).
(c) The department head or the department head's designee
may forward a document that relates to disciplinary action against
a fire fighter [or police officer] to the director or the director's
designee for inclusion in the fire fighter's [or police officer's]
personnel file maintained under Sections 143.089(a)-(f) only if:
(1) disciplinary action was actually taken against the
fire fighter [or police officer];
(2) the document shows the disciplinary action taken;
and
(3) the document includes at least a brief summary of
the facts on which the disciplinary action was based.
(c-1) The department head or the department head's designee
shall forward a document that relates to disciplinary action
against a police officer to the director or the director's designee
for inclusion in the police officer's personnel file maintained
under Sections 143.089(a)-(f).
(e) The requirements of this section are in addition to the
requirements of Section 143.089. This section does not prevent a
fire fighter [or police officer] from obtaining access to any
personnel file maintained by the director or the department, other
than a file maintained by an internal affairs division or other
similar internal investigative division, on the fire fighter [or
police officer] under Section 143.089. This section does not
prevent a police officer from obtaining access to any personnel
file maintained by the director or the department. A police officer
may obtain access to information that is subject to disclosure
under Chapter 552, Government Code, contained in a file maintained
by an internal affairs division or other similar internal
investigative division under Section 143.089.
SECTION 2.23. Section 143.1216(d), Local Government Code,
is amended to read as follows:
(d) The department shall [may not] include a record of a
supervisory intervention procedure or a policy and procedure
inquiry regarding a police officer in the police officer's
personnel file maintained under Section 143.089 [or in the
department file maintained under Section 143.089(g)].
SECTION 2.24. Section 143.307, Local Government Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(d) to read as follows:
(a) Except as provided by Subsection (d), an [An] agreement
under this subchapter supersedes a previous statute concerning
wages, salaries, rates of pay, hours of work, or other terms and
conditions of employment to the extent of any conflict with the
statute.
(b) Except as provided by Subsection (d), an [An] agreement
under this subchapter preempts any contrary statute, executive
order, local ordinance, or rule adopted by the state or a political
subdivision or agent of the state, including a personnel board, a
civil service commission, or a home-rule municipality.
(d) An agreement under this subchapter affecting police
officers may not conflict with and does not supersede a statute,
order, ordinance, or rule concerning the disciplinary actions that
may be imposed on a police officer. The agreement must implement a
progressive disciplinary matrix.
SECTION 2.25. Section 143.361, Local Government Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(d) to read as follows:
(a) Except as provided by Subsection (d), a [A] written
agreement ratified under this subchapter between a public employer
and the bargaining agent supersedes a previous statute concerning
wages, salaries, rates of pay, hours of work, and other terms of
employment other than pension benefits to the extent of any
conflict with the previous statute.
(b) Except as provided by Subsection (d), a [A] written
agreement ratified under this subchapter preempts all contrary
local ordinances, executive orders, legislation, or rules adopted
by the state or a political subdivision or agent of the state, such
as a personnel board, a civil service commission, or a home-rule
municipality.
(d) An agreement under this subchapter may not conflict with
and does not supersede an ordinance, order, statute, or rule
concerning the disciplinary actions that may be imposed on a police
officer. The agreement must implement a progressive disciplinary
matrix.
SECTION 2.26. Section 174.005, Local Government Code, is
amended to read as follows:
Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as
provided by Subsection (b), this [This] chapter preempts all
contrary local ordinances, executive orders, legislation, or rules
adopted by the state or by a political subdivision or agent of the
state, including a personnel board, civil service commission, or
home-rule municipality.
(b) This chapter does not authorize the adoption or
implementation of an agreement that conflicts with an ordinance,
order, statute, or rule concerning the disciplinary actions that
may be imposed on a police officer. An agreement adopted under this
chapter must implement a progressive disciplinary matrix, as
described by Section 143.0511, for police officers.
SECTION 2.27. The changes in law made by this article apply
only to a disciplinary action for conduct that occurs on or after
September 1, 2018. Conduct that occurs before that date is governed
by the law in effect immediately before that date, and the former
law is continued in effect for that purpose.
SECTION 2.28. Sections 142.067(b), 143.307(d), 143.361(d),
and 174.005(b), Local Government Code, as added by this article,
apply only to an agreement entered into or renewed on or after
September 1, 2018. An agreement entered into or renewed before
September 1, 2018, is governed by the law in effect on the date the
agreement was entered into or renewed, and the former law is
continued in effect for that purpose.
ARTICLE 3. MODEL PROGRESSIVE DISCIPLINARY MATRIX
SECTION 3.01. (a) The Bill Blackwood Law Enforcement
Management Institute of Texas shall consult with law enforcement
agencies of all sizes, law enforcement associations, law
enforcement training experts, and appropriate organizations
engaged in the development of law enforcement policy to develop a
model progressive disciplinary matrix, as defined by Section
143.003(6), Local Government Code, as added by this Act, and
associated training materials regarding the application of that
matrix. The institute shall provide for a period of public comment
before adopting the model progressive disciplinary matrix and
training materials.
(b) Not later than January 1, 2018, the institute shall
adopt and disseminate the model progressive disciplinary matrix and
training materials to all law enforcement agencies and civil
service commissions in this state.
SECTION 3.02. This article expires September 1, 2018.
ARTICLE 4. EFFECTIVE DATES
SECTION 4.01. (a) Except as otherwise provided by this Act,
this Act takes effect September 1, 2017.
(b) Article 2 of this Act takes effect September 1, 2018.