87R18695 NC-F
By: Hinojosa, Rose, J. Johnson of Harris H.B. No. 1216
Substitute the following for H.B. No. 1216:
By: Bernal C.S.H.B. No. 1216
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
Subsections (c-1) and (j) 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 a member of the public must also include the name and
address of each impacted individual.
(c-1) Not later than the 30th day before the date of a
commission hearing, the commission shall notify each impacted
individual of the date and time of the hearing, the individual's
right to attend, and instructions for exercising the individual's
right to testify at the hearing. Not later than the fifth day
before the date of the hearing, an impacted individual may provide
evidence to the commission, including documentation in support of
the charge or the recommended action.
(e) The affected fire fighter or police officer or an
impacted individual 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, including any evidence submitted by an
impacted individual under Subsection (c-1).
(j) In this section, "impacted individual" means an
individual who was a victim of the alleged incident that is the
basis of the charge or a direct witness to the alleged incident. If
a victim is deceased, incapacitated, or unwilling to appear, a
representative of the victim may act on behalf of the victim under
this section.
SECTION 3. Section 143.054, Local Government Code, is
amended by amending Subsection (c) and adding Subsections (c-1),
(c-2), (d-1), and (f) 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 impacted individual.
The commission shall notify an impacted 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 impacted individuals or the
commission does not receive a request for a public hearing from an
impacted 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 impacted individual notice of
the time and place of the hearing and of the individual's right to
testify.
(f) In this section, "impacted individual" means an
individual who was a victim of the alleged incident that is the
basis of the request for demotion or a direct witness to the alleged
incident. If a victim is deceased, incapacitated, or unwilling to
appear, a representative of the victim may act on behalf of the
victim under this section.
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, 2021. 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, 2021. An agreement entered into or renewed before September 1,
2021, 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, 2021.