Texas 2021 - 87th Regular

Texas House Bill HB1216 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R18695 NC-F
2		-	By: Hinojosa, Rose, J. Johnson of Harris H.B. No. 1216
3		-	Substitute the following for H.B. No. 1216:
4		-	By: Bernal C.S.H.B. No. 1216
	1	+	87R3739 NC-F
	2	+	By: Hinojosa H.B. No. 1216
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to civil service commission hearings for certain
10	8		disciplinary actions against police officers in certain
11	9		municipalities.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 142.067, Local Government Code, is
14	12		amended to read as follows:
15	13		Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
16	14		(a) Except as provided by Subsection (b), a [A] written meet and
17	15		confer agreement ratified under this subchapter preempts, during
18	16		the term of the agreement and to the extent of any conflict, all
19	17		contrary state statutes, local ordinances, executive orders, civil
20	18		service provisions, or rules adopted by the head of the law
21	19		enforcement agency or municipality or by a division or agent of the
22	20		municipality, such as a personnel board or a civil service
23	21		commission.
24	22		(b) A meet and confer agreement between a municipality or a
25	23		law enforcement agency of a municipality and a police officers
26	24		association under this subchapter may not conflict with and does
27	25		not supersede Section 143.010(b), (c-1), (e), or (g) or
28	26		143.054(c-1), (c-2), or (d-1) if the municipality has adopted
29	27		Chapter 143.
30	28		SECTION 2. Section 143.010, Local Government Code, is
31	29		amended by amending Subsections (b), (e), and (g) and adding
32		-	~~Subsections~~ (c-1~~) and (j~~) to read as follows:
	30	+	Subsection (c-1) to read as follows:
33	31		(b) The appeal must include the basis for the appeal and a
34	32		request for a commission hearing. The appeal must also contain a
35	33		statement denying the truth of the charge as made, a statement
36	34		taking exception to the legal sufficiency of the charge, a
37	35		statement alleging that the recommended action does not fit the
38	36		offense or alleged offense, or a combination of these statements.
39	37		An appeal by a police officer for a charge for an incident that
40		-	involves a member of the public must also ~~include the name and~~
41		-	address of each ~~impacted~~ individual.
	38	+	involves an individual who is a member of the public must also
	39	+	include the name and address of each involved individual.
42	40		(c-1) Not later than the 30th day before the date of a
43		-	commission hearing, the commission shall notify each impacted
44		-	individual of the date and time of the hearing, the individual's
45		-	right to attend, and instructions for exercising the individual's
46		-	right to testify at the hearing. Not later than the fifth day
47		-	before the date of the hearing, an impacted individual may provide
	41	+	commission hearing, the commission shall notify each individual
	42	+	listed in an appeal by a police officer of the date and time of the
	43	+	hearing, the individual's right to attend, and instructions for
	44	+	exercising the individual's rights relating to the hearing. Not
	45	+	later than the fifth day before the date of the hearing, a member of
	46	+	the public, whether listed in the appeal or not, may provide
48	47		evidence to the commission, including documentation in support of
49		-	the charge or the recommended action.
	48	+	an allegation against a police officer that is the basis of a
	49	+	disciplinary action.
50	50		(e) The affected fire fighter or police officer or an
51		-	impacted individual may request the commission to subpoena any
52		-	books, records, documents, papers, accounts, or witnesses that the
53		-	fire fighter, [or] police officer, or individual considers
54		-	pertinent to the case. The fire fighter, [or] police officer, or
55		-	individual must make the request before the 10th day before the date
56		-	the commission hearing will be held. If the commission does not
57		-	subpoena the material, the commission shall, before the third day
58		-	before the date the hearing will be held, make a written report to
59		-	the fire fighter, [or] police officer, or individual stating the
60		-	reason it will not subpoena the requested material. This report
61		-	shall be read into the public record of the commission hearing.
	51	+	individual named by the police officer as directly involved in the
	52	+	incident that is the basis of the disciplinary action may request
	53	+	the commission to subpoena any books, records, documents, papers,
	54	+	accounts, or witnesses that the fire fighter, [or] police officer,
	55	+	or individual considers pertinent to the case. The fire fighter,
	56	+	[or] police officer, or individual must make the request before the
	57	+	10th day before the date the commission hearing will be held. If
	58	+	the commission does not subpoena the material, the commission
	59	+	shall, before the third day before the date the hearing will be
	60	+	held, make a written report to the fire fighter, [or] police
	61	+	officer, or individual stating the reason it will not subpoena the
	62	+	requested material. This report shall be read into the public
	63	+	record of the commission hearing.
62	64		(g) The commission shall conduct the hearing fairly and
63	65		impartially as prescribed by this chapter and shall render a just
64	66		and fair decision. The commission may consider only the evidence
65		-	submitted at the hearing, including any evidence submitted by an
66		-	impacted individual under Subsection (c-1).
67		-	(j) In this section, "impacted individual" means an
68		-	individual who was a victim of the alleged incident that is the
69		-	basis of the charge or a direct witness to the alleged incident. If
70		-	a victim is deceased, incapacitated, or unwilling to appear, a
71		-	representative of the victim may act on behalf of the victim under
72		-	this section.
	67	+	submitted at the hearing and, if applicable, any evidence submitted
	68	+	by a member of the public under Subsection (c-1) and any evidence
	69	+	provided in response to that evidence.
73	70		SECTION 3. Section 143.054, Local Government Code, is
74	71		amended by amending Subsection (c) and adding Subsections (c-1),
75		-	(c-2), (d-1~~), and (f~~) to read as follows:
	72	+	(c-2), and (d-1) to read as follows:
76	73		(c) The commission may refuse to grant the request for
77	74		demotion of a fire fighter.
78	75		(c-1) Before the commission may refuse to grant a request
79	76		for demotion of a police officer, the commission shall request from
80		-	the department the contact information for any impacted individual.
81		-	The commission shall notify an impacted individual that the
82		-	individual may request a public hearing and present reasons why the
83		-	commission should grant the department's request for demotion of
84		-	the police officer. If there are no impacted individuals or the
85		-	commission does not receive a request for a public hearing from an
86		-	impacted individual before the 10th day after the date notice was
87		-	given to the individual, the commission may refuse to grant the
88		-	request for demotion.
	77	+	the department the contact information for any individual involved
	78	+	in any incident leading the department to recommend demotion,
	79	+	including a member of the public or another police officer. The
	80	+	commission shall notify an involved individual that the individual
	81	+	may request a public hearing and present reasons why the commission
	82	+	should grant the department's request for demotion of the police
	83	+	officer. If there are no involved individuals or the commission
	84	+	does not receive a request for a public hearing from an involved
	85	+	individual before the 10th day after the date notice was given to
	86	+	the individual, the commission may refuse to grant the request for
	87	+	demotion.
89	88		(c-2) If the commission believes that probable cause exists
90	89		for ordering the demotion, the commission shall give the fire
91	90		fighter or police officer written notice to appear before the
92	91		commission for a public hearing at a time and place specified in the
93	92		notice. The commission shall give the notice before the 10th day
94	93		before the date the hearing will be held.
95	94		(d-1) Before the 10th day before the date the public hearing
96		-	is held, the commission shall give an impacted individual notice of
97		-	the time and place of the hearing and of the individual's right to
	95	+	is held, the commission shall give an individual who is a member of
	96	+	the public with knowledge of a specific incident that is the basis
	97	+	of the recommendation of demotion of a police officer notice of the
	98	+	time and place of the hearing and of the individual's right to
98	99		testify.
99		-	(f) In this section, "impacted individual" means an
100		-	individual who was a victim of the alleged incident that is the
101		-	basis of the request for demotion or a direct witness to the alleged
102		-	incident. If a victim is deceased, incapacitated, or unwilling to
103		-	appear, a representative of the victim may act on behalf of the
104		-	victim under this section.
105	100		SECTION 4. Section 143.307, Local Government Code, is
106	101		amended by amending Subsections (a) and (b) and adding Subsection
107	102		(d) to read as follows:
108	103		(a) Except as provided by Subsection (d), an [An] agreement
109	104		under this subchapter supersedes a previous statute concerning
110	105		wages, salaries, rates of pay, hours of work, or other terms and
111	106		conditions of employment to the extent of any conflict with the
112	107		statute.
113	108		(b) Except as provided by Subsection (d), an [An] agreement
114	109		under this subchapter preempts any contrary statute, executive
115	110		order, local ordinance, or rule adopted by the state or a political
116	111		subdivision or agent of the state, including a personnel board, a
117	112		civil service commission, or a home-rule municipality.
118	113		(d) An agreement under this subchapter affecting police
119	114		officers may not conflict with and does not supersede Section
120	115		143.010(b), (c-1), (e), or (g) or 143.054(c-1), (c-2), or (d-1).
121	116		SECTION 5. Section 143.361, Local Government Code, is
122	117		amended by amending Subsections (a) and (b) and adding Subsection
123	118		(d) to read as follows:
124	119		(a) Except as provided by Subsection (d), a [A] written
125	120		agreement ratified under this subchapter between a public employer
126	121		and the bargaining agent supersedes a previous statute concerning
127	122		wages, salaries, rates of pay, hours of work, and other terms of
128	123		employment other than pension benefits to the extent of any
129	124		conflict with the previous statute.
130	125		(b) Except as provided by Subsection (d), a [A] written
131	126		agreement ratified under this subchapter preempts all contrary
132	127		local ordinances, executive orders, legislation, or rules adopted
133	128		by the state or a political subdivision or agent of the state, such
134	129		as a personnel board, a civil service commission, or a home-rule
135	130		municipality.
136	131		(d) An agreement under this subchapter may not conflict with
137	132		and does not supersede Section 143.010(b), (c-1), (e), or (g) or
138	133		143.054(c-1), (c-2), or (d-1).
139	134		SECTION 6. Section 174.005, Local Government Code, is
140	135		amended to read as follows:
141	136		Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as
142	137		provided by Subsection (b), this [This] chapter preempts all
143	138		contrary local ordinances, executive orders, legislation, or rules
144	139		adopted by the state or by a political subdivision or agent of the
145	140		state, including a personnel board, civil service commission, or
146	141		home-rule municipality.
147	142		(b) This chapter does not authorize the adoption or
148	143		implementation of an agreement affecting police officers that
149	144		conflicts with Section 143.010(b), (c-1), (e), or (g) or
150	145		143.054(c-1), (c-2), or (d-1). An agreement adopted under this
151	146		chapter must implement those sections.
152	147		SECTION 7. The changes in law made by this Act apply only to
153	148		a disciplinary action for conduct that occurs on or after September
154	149		1, 2021. Conduct that occurs before that date is governed by the
155	150		law in effect immediately before that date, and the former law is
156	151		continued in effect for that purpose.
157	152		SECTION 8. Sections 142.067(b), 143.307(d), 143.361(d),
158	153		and 174.005(b), Local Government Code, as added by this Act, apply
159	154		only to an agreement entered into or renewed on or after September
160	155		1, 2021. An agreement entered into or renewed before September 1,
161	156		2021, is governed by the law in effect on the date the agreement was
162	157		entered into or renewed, and the former law is continued in effect
163	158		for that purpose.
164	159		SECTION 9. This Act takes effect September 1, 2021.