Texas 2017 - 85th Regular

Texas House Bill HB2226 Compare Versions

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

Old	New	Differences
1	1	85R8367 TJB-F
2	2	By: Lang H.B. No. 2226
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to complaints filed against certain law enforcement
8	8	officers, peace officers, detention officers, and county jailers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 614, Government Code, is
11	11	amended by adding Section 614.0205 to read as follows:
12	12	Sec. 614.0205. DEFINITION. In this subchapter, "law
13	13	enforcement agency" means an agency of this state or an agency of a
14	14	political subdivision of this state authorized by law to employ a
15	15	law enforcement officer, including a peace officer under Article
16	16	2.12, Code of Criminal Procedure, or other law.
17	17	SECTION 2. Section 614.021(a), Government Code, is amended
18	18	to read as follows:
19	19	(a) Except as provided by Subsection (b), this subchapter
20	20	applies only to a complaint against:
21	21	(1) a law enforcement officer, including a peace
22	22	officer under Article 2.12, Code of Criminal Procedure, or other
23	23	law, appointed or employed by a law enforcement agency [of the State
24	24	of Texas, including an officer of the Department of Public Safety or
25	25	of the Texas Alcoholic Beverage Commission];
26	26	(2) a fire fighter [who is] employed by this state or a
27	27	political subdivision of this state; or
28	28	(3) [a peace officer under Article 2.12, Code of
29	29	Criminal Procedure, or other law who is appointed or employed by a
30	30	political subdivision of this state; or
31	31	[(4)] a detention officer or county jailer [who
32	32	is] appointed or employed by a law enforcement agency [political
33	33	subdivision of this state].
34	34	SECTION 3. Section 614.022, Government Code, is amended to
35	35	read as follows:
36	36	Sec. 614.022. COMPLAINT TO BE IN WRITING AND SIGNED BY
37	37	COMPLAINANT. To be considered by the head of a law enforcement
38	38	[state] agency or by the head of a fire department [or local law
39	39	enforcement agency], the complaint must be:
40	40	(1) in writing; and
41	41	(2) signed by the person making the complaint.
42	42	SECTION 4. Sections 614.023(a) and (c), Government Code,
43	43	are amended to read as follows:
44	44	(a) A copy of a signed complaint against an officer or
45	45	employee that this subchapter applies to [a law enforcement officer
46	46	of this state or a fire fighter, detention officer, county jailer,
47	47	or peace officer appointed or employed by a political subdivision
48	48	of this state] shall be given to the officer or employee within a
49	49	reasonable time after the complaint is filed.
50	50	(c) In addition to the requirement of Subsection (b), the
51	51	officer or employee may not be indefinitely suspended or terminated
52	52	from employment based on the subject matter of the complaint
53	53	unless:
54	54	(1) the complaint is investigated; and
55	55	(2) there is sufficient evidence to prove the
56	56	allegation of misconduct.
57	57	SECTION 5. Subchapter B, Chapter 614, Government Code, is
58	58	amended by adding Sections 614.024 and 614.025 to read as follows:
59	59	Sec. 614.024. COMPLAINT INVOLVING THREATENED OR ACTUAL USE
60	60	OF FORCE BY OFFICER OR EMPLOYEE. (a) The head of a law enforcement
61	61	agency may not discipline, demote, indefinitely suspend, or
62	62	terminate the employment of an officer or employee who is a law
63	63	enforcement officer, peace officer, detention officer, or county
64	64	jailer based on a complaint that alleges that the officer or
65	65	employee threatened the use of deadly force or used force against a
66	66	person that resulted in bodily injury or death unless:
67	67	(1) the agency investigates the complaint; and
68	68	(2) the head of the agency determines that there is
69	69	sufficient evidence that the officer or employee violated a written
70	70	policy or procedure of the agency.
71	71	(b) A law enforcement agency must notify an officer or
72	72	employee in writing if the head of the agency takes a disciplinary
73	73	action against the officer or employee under Subsection (a). The
74	74	notice must include:
75	75	(1) a statement that:
76	76	(A) indicates each policy or procedure of the
77	77	agency that the head of the agency determined the officer or
78	78	employee violated; and
79	79	(B) for each policy or procedure violated,
80	80	describes each act alleged to have been committed by the officer or
81	81	employee in violation of the policy or procedure;
82	82	(2) a statement that the officer or employee is
83	83	entitled to appeal the action to a hearing examiner as provided by
84	84	Section 614.025; and
85	85	(3) a statement that the officer or employee waives
86	86	the right to appeal to district court if the officer or employee
87	87	elects to appeal to the hearing examiner.
88	88	Sec. 614.025. APPEAL TO INDEPENDENT HEARING EXAMINER. (a)
89	89	A law enforcement officer, peace officer, detention officer, or
90	90	county jailer who is disciplined, demoted, indefinitely suspended,
91	91	or terminated from employment under Section 614.024 is entitled to
92	92	appeal the disciplinary action to a hearing examiner as provided by
93	93	this section.
94	94	(b) An officer or employee who elects to appeal to a hearing
95	95	examiner must notify the head of the law enforcement agency who
96	96	disciplined the officer or employee. The notice of appeal must:
97	97	(1) be in writing;
98	98	(2) state that the officer or employee elects to
99	99	appeal to a hearing examiner; and
100	100	(3) be filed with the head of the agency not later than
101	101	the 10th day after the date the officer or employee receives the
102	102	written notice prescribed by Section 614.024(b).
103	103	(c) If an officer or employee files a notice of appeal under
104	104	this section, the officer or employee and the head of the law
105	105	enforcement agency, or their designees, must attempt to agree on
106	106	the selection of an impartial hearing examiner. If the parties
107	107	cannot agree on a hearing examiner before the 11th day after the
108	108	date the notice of appeal is filed, the head of the agency shall
109	109	immediately request a list of seven qualified neutral arbitrators
110	110	from the American Arbitration Association or the Federal Mediation
111	111	and Conciliation Service, or a successor entity. The parties may
112	112	agree on one of the seven arbitrators on the list. If the parties
113	113	cannot agree on an arbitrator on the list before the sixth business
114	114	day after the date the parties receive the list, each party shall
115	115	alternate striking a name from the list and the name remaining is
116	116	the hearing examiner.
117	117	(d) The parties shall agree on a date for the hearing. The
118	118	hearing shall be scheduled to begin as soon as possible. If the
119	119	hearing examiner cannot begin the hearing before the 45th day after
120	120	the date the hearing examiner is selected, the parties must select a
121	121	new hearing examiner in the manner prescribed by Subsection (c) if:
122	122	(1) the officer or employee requests selection of a
123	123	new hearing examiner; and
124	124	(2) the request is made not later than the second day
125	125	after the date the officer or employee learns that the selected
126	126	hearing examiner cannot begin the hearing.
127	127	(e) The hearing examiner may issue a subpoena to compel the
128	128	attendance of a witness or the production of documents and
129	129	materials as necessary to conduct the hearing. The officer or
130	130	employee may request the hearing examiner to subpoena a witness,
131	131	documents, or materials that the officer or employee considers
132	132	relevant to the appeal. The officer or employee must make the
133	133	request for a subpoena before the 10th day before the date the
134	134	hearing will begin. The hearing examiner must notify the officer or
135	135	employee in writing before the third day before the date the hearing
136	136	will begin if the hearing examiner decides not to issue a subpoena
137	137	requested by the officer or employee. The notice must state the
138	138	reason the hearing examiner will not issue the subpoena and must be
139	139	read into the public record of the hearing.
140	140	(f) The hearing examiner shall conduct the hearing fairly
141	141	and impartially and shall render a just and fair decision. The
142	142	hearing examiner may require that a witness at the hearing not
143	143	discuss the hearing with another person. The hearing examiner may
144	144	consider only the evidence submitted at the hearing.
145	145	(g) The hearing examiner must promptly reverse any
146	146	disciplinary action that is the subject of an appeal under this
147	147	section and restore the officer or employee to the individual's
148	148	pre-disciplinary status if the hearing examiner determines that the
149	149	requirements of Section 614.024(b)(1) were not met.
150	150	(h) The hearing examiner shall:
151	151	(1) issue a final decision on the appeal not later than
152	152	the 10th day after the date the hearing ends, or another date agreed
153	153	to by the parties, if the parties request an expedited decision; or
154	154	(2) make a reasonable effort to issue a final decision
155	155	on the appeal not later than the 30th day after the date the hearing
156	156	ends if the parties do not request an expedited decision.
157	157	(i) The validity of a disciplinary action that is the
158	158	subject of the appeal and the final decision issued by the hearing
159	159	examiner for the appeal are not affected by the hearing examiner's
160	160	failure to comply with Subsection (h).
161	161	(j) Except as provided by Subsection (l), the final decision
162	162	issued by the hearing examiner for an appeal under this section is
163	163	final and binding on all parties to the appeal.
164	164	(k) The fees and expenses of the hearing examiner are shared
165	165	equally by the officer or employee and the law enforcement agency.
166	166	The cost of a witness is paid by the party who called the witness.
167	167	(l) A district court may hear an appeal of the final
168	168	decision of a hearing examiner under this section only on the ground
169	169	that the hearing examiner was without jurisdiction, the hearing
170	170	examiner exceeded the hearing examiner's jurisdiction, or that the
171	171	final decision of the hearing examiner was procured by fraud,
172	172	collusion, or other unlawful means. A person must file the appeal
173	173	in a district court having appropriate jurisdiction.
174	174	SECTION 6. The change in law made by this Act applies only
175	175	to a violation of a policy or procedure that occurs on or after the
176	176	effective date of this Act. A violation that occurs before the
177	177	effective date of this Act is governed by the law in effect on the
178	178	date the violation occurred, and the former law is continued in
179	179	effect for that purpose.
180	180	SECTION 7. This Act takes effect September 1, 2017.