Texas 2021 - 87th Regular

Texas House Bill HB4438 Compare Versions

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

Old	New	Differences
1	1	87R10647 SCL-D
2	2	By: Johnson of Dallas H.B. No. 4438
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appeal to a hearing examiner of a promotional bypass
8	8	or disciplinary action taken against a police officer in certain
9	9	municipalities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 143.057, Local Government
12	12	Code, is amended to read as follows:
13	13	Sec. 143.057. HEARING EXAMINERS FOR FIRE FIGHTER APPEALS.
14	14	SECTION 2. Sections 143.057(a), (b), (c), (d), (e), (i),
15	15	and (j), Local Government Code, are amended to read as follows:
16	16	(a) In addition to the other notice requirements prescribed
17	17	by this chapter, the written notice for a promotional bypass or the
18	18	letter of disciplinary action, as applicable, issued to a fire
19	19	fighter [or police officer] must state that in an appeal of an
20	20	indefinite suspension, a suspension, a promotional bypass, or a
21	21	recommended demotion, the appealing fire fighter [or police
22	22	officer] may elect to appeal to an independent third party hearing
23	23	examiner instead of to the commission. The letter must also state
24	24	that if the fire fighter [or police officer] elects to appeal to a
25	25	hearing examiner, the person waives all rights to appeal to a
26	26	district court except as provided by Subsection (j).
27	27	(b) To exercise the choice of appealing to a hearing
28	28	examiner, the appealing fire fighter [or police officer] must
29	29	submit to the director a written request as part of the original
30	30	notice of appeal required under this chapter stating the person's
31	31	decision to appeal to an independent third party hearing examiner.
32	32	(c) The hearing examiner's decision is final and binding on
33	33	all parties. If the fire fighter [or police officer] decides to
34	34	appeal to an independent third party hearing examiner, the person
35	35	automatically waives all rights to appeal to a district court
36	36	except as provided by Subsection (j).
37	37	(d) If the appealing fire fighter [or police officer]
38	38	chooses to appeal to a hearing examiner, the fire fighter [or police
39	39	officer] and the department head, or their designees, shall first
40	40	attempt to agree on the selection of an impartial hearing examiner.
41	41	If the parties do not agree on the selection of a hearing examiner
42	42	on or within 10 days after the date the appeal is filed, the
43	43	director shall immediately request a list of seven qualified
44	44	neutral arbitrators from the American Arbitration Association or
45	45	the Federal Mediation and Conciliation Service, or their successors
46	46	in function. The fire fighter [or police officer] and the
47	47	department head, or their designees, may agree on one of the seven
48	48	neutral arbitrators on the list. If they do not agree within five
49	49	working days after the date they received the list, each party or
50	50	the party's designee shall alternate striking a name from the list
51	51	and the name remaining is the hearing examiner. The parties or their
52	52	designees shall agree on a date for the hearing.
53	53	(e) The appeal hearing shall begin as soon as the hearing
54	54	examiner can be scheduled. If the hearing examiner cannot begin the
55	55	hearing within 45 calendar days after the date of selection, the
56	56	fire fighter [or police officer] may, within two days after
57	57	learning of that fact, call for the selection of a new hearing
58	58	examiner using the procedure prescribed by Subsection (d).
59	59	(i) The hearing examiner's fees and expenses are shared
60	60	equally by the appealing fire fighter [or police officer] and by the
61	61	department. The costs of a witness are paid by the party who calls
62	62	the witness.
63	63	(j) A district court may hear an appeal of a hearing
64	64	examiner's award only on the grounds that the arbitration panel was
65	65	without jurisdiction or exceeded its jurisdiction or that the order
66	66	was procured by fraud, collusion, or other unlawful means. An
67	67	appeal must be brought in the district court having jurisdiction in
68	68	the municipality in which the fire [or police] department is
69	69	located.
70	70	SECTION 3. Section 143.036(f), Local Government Code, is
71	71	amended to read as follows:
72	72	(f) Unless the department head has a valid reason for not
73	73	appointing the person, the department head shall appoint the
74	74	eligible promotional candidate having the highest grade on the
75	75	eligibility list. If the department head has a valid reason for not
76	76	appointing the eligible promotional candidate having the highest
77	77	grade, the department head shall personally discuss the reason with
78	78	the person being bypassed before appointing another person. The
79	79	department head shall also file the reason in writing with the
80	80	commission and shall provide the person with a copy of the written
81	81	notice. On application of the bypassed eligible promotional
82	82	candidate, the reason the department head did not appoint that
83	83	person is subject to review by the commission or, if the person is a
84	84	fire fighter and on the written request of the fire fighter [person
85	85	being bypassed], by an independent third party hearing examiner
86	86	under Section 143.057.
87	87	SECTION 4. Section 143.056(e), Local Government Code, is
88	88	amended to read as follows:
89	89	(e) If the department head temporarily suspends a fire
90	90	fighter or police officer under this section and the fire fighter or
91	91	police officer is not found guilty of the indictment or complaint in
92	92	a court of competent jurisdiction, the fire fighter or police
93	93	officer may appeal to the commission for recovery of back pay, or,
94	94	if the person is a fire fighter, may appeal to a hearing examiner
95	95	for recovery of back pay. The commission or hearing examiner may
96	96	award all or part of the back pay or reject the appeal.
97	97	SECTION 5. Section 143.090, Local Government Code, is
98	98	amended to read as follows:
99	99	Sec. 143.090. RELEASE OF PHOTOGRAPHS OF POLICE OFFICERS. A
100	100	department, commission, or municipality may not release a
101	101	photograph that depicts a police officer unless:
102	102	(1) the officer has been charged with an offense by
103	103	indictment or by information;
104	104	(2) the officer is a party in a civil service hearing
105	105	[or a case before a hearing examiner or in arbitration];
106	106	(3) the photograph is introduced as evidence in a
107	107	judicial proceeding; or
108	108	(4) the officer gives written consent to the release
109	109	of the photograph.
110	110	SECTION 6. The changes in law made by this Act apply only to
111	111	a promotional bypass or disciplinary action given on or after the
112	112	effective date of this Act. A promotional bypass or disciplinary
113	113	action given before the effective date of this Act is governed by
114	114	the law in effect immediately before the effective date of this Act,
115	115	and that law is continued in effect for that purpose.
116	116	SECTION 7. This Act takes effect September 1, 2021.