86R2605 NC-F
By: Hinojosa H.B. No. 3464
A BILL TO BE ENTITLED
AN ACT
relating to civil service commission hearings for certain
disciplinary actions against police officers in certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) A meet and confer agreement between a municipality or a
law enforcement agency of a municipality and a police officers
association under this subchapter may not conflict with and does
not supersede Section 143.010(b), (c-1), (e), or (g) or
143.054(c-1), (c-2), or (d-1) if the municipality has adopted
Chapter 143.
SECTION 2. 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 each involved individual.
(c-1) Not later than the 30th day before the date of a
commission hearing, the commission shall notify each 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 fifth 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 a police 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) and any evidence
provided in response to that evidence.
SECTION 3. 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 individual 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 individual that the individual
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 individuals or the commission
does not receive a request for a public hearing from an involved
individual before the 10th day after the date notice was given to
the individual, 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 public 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 4. 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 Section
143.010(b), (c-1), (e), or (g) or 143.054(c-1), (c-2), or (d-1).
SECTION 5. 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 Section 143.010(b), (c-1), (e), or (g) or
143.054(c-1), (c-2), or (d-1).
SECTION 6. 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 affecting police officers that
conflicts with Section 143.010(b), (c-1), (e), or (g) or
143.054(c-1), (c-2), or (d-1). An agreement adopted under this
chapter must implement those sections.
SECTION 7. The changes in law made by this Act apply only to
a disciplinary action for conduct that occurs on or after September
1, 2019. 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 8. Sections 142.067(b), 143.307(d), 143.361(d),
and 174.005(b), Local Government Code, as added by this Act, apply
only to an agreement entered into or renewed on or after September
1, 2019. An agreement entered into or renewed before September 1,
2019, 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.
SECTION 9. This Act takes effect September 1, 2019.