Texas 2019 - 86th Regular

Texas House Bill HB3464 Compare Versions

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

Old	New	Differences
1	1	86R2605 NC-F
2	2	By: Hinojosa H.B. No. 3464
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to civil service commission hearings for certain
8	8	disciplinary actions against police officers in certain
9	9	municipalities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 142.067, Local Government Code, is
12	12	amended to read as follows:
13	13	Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
14	14	(a) Except as provided by Subsection (b), a [A] written meet and
15	15	confer agreement ratified under this subchapter preempts, during
16	16	the term of the agreement and to the extent of any conflict, all
17	17	contrary state statutes, local ordinances, executive orders, civil
18	18	service provisions, or rules adopted by the head of the law
19	19	enforcement agency or municipality or by a division or agent of the
20	20	municipality, such as a personnel board or a civil service
21	21	commission.
22	22	(b) A meet and confer agreement between a municipality or a
23	23	law enforcement agency of a municipality and a police officers
24	24	association under this subchapter may not conflict with and does
25	25	not supersede Section 143.010(b), (c-1), (e), or (g) or
26	26	143.054(c-1), (c-2), or (d-1) if the municipality has adopted
27	27	Chapter 143.
28	28	SECTION 2. Section 143.010, Local Government Code, is
29	29	amended by amending Subsections (b), (e), and (g) and adding
30	30	Subsection (c-1) to read as follows:
31	31	(b) The appeal must include the basis for the appeal and a
32	32	request for a commission hearing. The appeal must also contain a
33	33	statement denying the truth of the charge as made, a statement
34	34	taking exception to the legal sufficiency of the charge, a
35	35	statement alleging that the recommended action does not fit the
36	36	offense or alleged offense, or a combination of these statements.
37	37	An appeal by a police officer for a charge for an incident that
38	38	involves an individual who is a member of the public must also
39	39	include the name and address of each involved individual.
40	40	(c-1) Not later than the 30th day before the date of a
41	41	commission hearing, the commission shall notify each individual
42	42	listed in an appeal by a police officer of the date and time of the
43	43	hearing, the individual's right to attend, and instructions for
44	44	exercising the individual's rights relating to the hearing. Not
45	45	later than the fifth day before the date of the hearing, a member of
46	46	the public, whether listed in the appeal or not, may provide
47	47	evidence to the commission, including documentation in support of
48	48	an allegation against a police officer that is the basis of a
49	49	disciplinary action.
50	50	(e) The affected fire fighter or police officer or an
51	51	individual named by the police officer as directly involved in the
52	52	incident that is the basis of the disciplinary action may request
53	53	the commission to subpoena any books, records, documents, papers,
54	54	accounts, or witnesses that the fire fighter, [or] police officer,
55	55	or individual considers pertinent to the case. The fire fighter,
56	56	[or] police officer, or individual must make the request before the
57	57	10th day before the date the commission hearing will be held. If
58	58	the commission does not subpoena the material, the commission
59	59	shall, before the third day before the date the hearing will be
60	60	held, make a written report to the fire fighter, [or] police
61	61	officer, or individual stating the reason it will not subpoena the
62	62	requested material. This report shall be read into the public
63	63	record of the commission hearing.
64	64	(g) The commission shall conduct the hearing fairly and
65	65	impartially as prescribed by this chapter and shall render a just
66	66	and fair decision. The commission may consider only the evidence
67	67	submitted at the hearing and, if applicable, any evidence submitted
68	68	by a member of the public under Subsection (c-1) and any evidence
69	69	provided in response to that evidence.
70	70	SECTION 3. Section 143.054, Local Government Code, is
71	71	amended by amending Subsection (c) and adding Subsections (c-1),
72	72	(c-2), and (d-1) to read as follows:
73	73	(c) The commission may refuse to grant the request for
74	74	demotion of a fire fighter.
75	75	(c-1) Before the commission may refuse to grant a request
76	76	for demotion of a police officer, the commission shall request from
77	77	the department the contact information for any individual involved
78	78	in any incident leading the department to recommend demotion,
79	79	including a member of the public or another police officer. The
80	80	commission shall notify an involved individual that the individual
81	81	may request a public hearing and present reasons why the commission
82	82	should grant the department's request for demotion of the police
83	83	officer. If there are no involved individuals or the commission
84	84	does not receive a request for a public hearing from an involved
85	85	individual before the 10th day after the date notice was given to
86	86	the individual, the commission may refuse to grant the request for
87	87	demotion.
88	88	(c-2) If the commission believes that probable cause exists
89	89	for ordering the demotion, the commission shall give the fire
90	90	fighter or police officer written notice to appear before the
91	91	commission for a public hearing at a time and place specified in the
92	92	notice. The commission shall give the notice before the 10th day
93	93	before the date the hearing will be held.
94	94	(d-1) Before the 10th day before the date the public hearing
95	95	is held, the commission shall give an individual who is a member of
96	96	the public with knowledge of a specific incident that is the basis
97	97	of the recommendation of demotion of a police officer notice of the
98	98	time and place of the hearing and of the individual's right to
99	99	testify.
100	100	SECTION 4. Section 143.307, Local Government Code, is
101	101	amended by amending Subsections (a) and (b) and adding Subsection
102	102	(d) to read as follows:
103	103	(a) Except as provided by Subsection (d), an [An] agreement
104	104	under this subchapter supersedes a previous statute concerning
105	105	wages, salaries, rates of pay, hours of work, or other terms and
106	106	conditions of employment to the extent of any conflict with the
107	107	statute.
108	108	(b) Except as provided by Subsection (d), an [An] agreement
109	109	under this subchapter preempts any contrary statute, executive
110	110	order, local ordinance, or rule adopted by the state or a political
111	111	subdivision or agent of the state, including a personnel board, a
112	112	civil service commission, or a home-rule municipality.
113	113	(d) An agreement under this subchapter affecting police
114	114	officers may not conflict with and does not supersede Section
115	115	143.010(b), (c-1), (e), or (g) or 143.054(c-1), (c-2), or (d-1).
116	116	SECTION 5. Section 143.361, Local Government Code, is
117	117	amended by amending Subsections (a) and (b) and adding Subsection
118	118	(d) to read as follows:
119	119	(a) Except as provided by Subsection (d), a [A] written
120	120	agreement ratified under this subchapter between a public employer
121	121	and the bargaining agent supersedes a previous statute concerning
122	122	wages, salaries, rates of pay, hours of work, and other terms of
123	123	employment other than pension benefits to the extent of any
124	124	conflict with the previous statute.
125	125	(b) Except as provided by Subsection (d), a [A] written
126	126	agreement ratified under this subchapter preempts all contrary
127	127	local ordinances, executive orders, legislation, or rules adopted
128	128	by the state or a political subdivision or agent of the state, such
129	129	as a personnel board, a civil service commission, or a home-rule
130	130	municipality.
131	131	(d) An agreement under this subchapter may not conflict with
132	132	and does not supersede Section 143.010(b), (c-1), (e), or (g) or
133	133	143.054(c-1), (c-2), or (d-1).
134	134	SECTION 6. Section 174.005, Local Government Code, is
135	135	amended to read as follows:
136	136	Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as
137	137	provided by Subsection (b), this [This] chapter preempts all
138	138	contrary local ordinances, executive orders, legislation, or rules
139	139	adopted by the state or by a political subdivision or agent of the
140	140	state, including a personnel board, civil service commission, or
141	141	home-rule municipality.
142	142	(b) This chapter does not authorize the adoption or
143	143	implementation of an agreement affecting police officers that
144	144	conflicts with Section 143.010(b), (c-1), (e), or (g) or
145	145	143.054(c-1), (c-2), or (d-1). An agreement adopted under this
146	146	chapter must implement those sections.
147	147	SECTION 7. The changes in law made by this Act apply only to
148	148	a disciplinary action for conduct that occurs on or after September
149	149	1, 2019. Conduct that occurs before that date is governed by the
150	150	law in effect immediately before that date, and the former law is
151	151	continued in effect for that purpose.
152	152	SECTION 8. Sections 142.067(b), 143.307(d), 143.361(d),
153	153	and 174.005(b), Local Government Code, as added by this Act, apply
154	154	only to an agreement entered into or renewed on or after September
155	155	1, 2019. An agreement entered into or renewed before September 1,
156	156	2019, is governed by the law in effect on the date the agreement was
157	157	entered into or renewed, and the former law is continued in effect
158	158	for that purpose.
159	159	SECTION 9. This Act takes effect September 1, 2019.