Texas 2021 - 87th Regular

Texas House Bill HB829 Compare Versions

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Version 2 (New)

Old	New		Differences
1	1		87R1672 SCL-F
2	2		By: Thompson of Harris, Reynolds, Collier, H.B. No. 829
3		-	~~J. Johnson of Harris,~~ et al.
	3	+	et al.
4	4
5	5
6	6		A BILL TO BE ENTITLED
7	7		AN ACT
8	8		relating to a progressive disciplinary matrix for police officer
9	9		misconduct in certain municipalities.
10	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11		SECTION 1. Subchapter B, Chapter 142, Local Government
12	12		Code, is amended by adding Section 142.0605 to read as follows:
13	13		Sec. 142.0605. PROGRESSIVE DISCIPLINARY MATRIX. (a) A
14	14		public employer shall implement a progressive disciplinary matrix,
15	15		as described by Section 143.0511, for municipal police officers if
16	16		the municipality has not adopted Chapter 143.
17	17		(b) The public employer shall adopt rules necessary to
18	18		implement the progressive disciplinary matrix.
19	19		SECTION 2. Section 142.067, Local Government Code, is
20	20		amended to read as follows:
21	21		Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
22	22		(a) Except as provided by Subsection (b), a [A] written meet and
23	23		confer agreement ratified under this subchapter preempts, during
24	24		the term of the agreement and to the extent of any conflict, all
25	25		contrary state statutes, local ordinances, executive orders, civil
26	26		service provisions, or rules adopted by the head of the law
27	27		enforcement agency or municipality or by a division or agent of the
28	28		municipality, such as a personnel board or a civil service
29	29		commission.
30	30		(b) An agreement under this subchapter:
31	31		(1) must implement the progressive disciplinary
32	32		matrix established under Section 142.0605 or 143.0511; and
33	33		(2) may not conflict with and does not supersede a
34	34		statute, ordinance, order, civil service provision, or rule
35	35		concerning the disciplinary actions that may be imposed on a police
36	36		officer under the progressive disciplinary matrix.
37	37		SECTION 3. Section 143.003, Local Government Code, is
38	38		amended by adding Subdivision (6) to read as follows:
39	39		(6) "Progressive disciplinary matrix" means a formal
40	40		schedule for disciplinary actions that may be taken against a
41	41		police officer as described by Section 143.0511.
42	42		SECTION 4. Section 143.008, Local Government Code, is
43	43		amended by amending Subsection (c) and adding Subsection (c-1) to
44	44		read as follows:
45	45		(c) The commission shall adopt rules that prescribe cause
46	46		for removal or suspension of a fire fighter [or police officer]. The
47	47		rules must comply with the grounds for removal prescribed by
48	48		Section 143.051.
49	49		(c-1) The commission shall adopt rules that prescribe the
50	50		disciplinary actions that may be taken against a police officer
51	51		under a progressive disciplinary matrix.
52	52		SECTION 5. Subchapter D, Chapter 143, Local Government
53	53		Code, is amended by adding Section 143.0511 to read as follows:
54	54		Sec. 143.0511. PROGRESSIVE DISCIPLINARY MATRIX. (a) The
55	55		commission shall implement a progressive disciplinary matrix for
56	56		infractions committed by police officers that consists of a range
57	57		of progressive disciplinary actions applied in a standardized way
58	58		based on the nature of the infraction and the officer's prior
59	59		conduct record, including removal, suspension, change of duty or
60	60		assignment, demotion, deduction of points from a promotional
61	61		examination grade, retraining, a written warning, or a written
62	62		reprimand.
63	63		(b) The progressive disciplinary matrix must include:
64	64		(1) standards for disciplinary actions relating to the
65	65		use of force against another person, including the failure to
66	66		de-escalate force incidents in accordance with departmental
67	67		policy;
68	68		(2) standards for evaluating the level of discipline
69	69		appropriate for uncommon infractions; and
70	70		(3) presumptive actions to be taken for each type of
71	71		infraction and any adjustment to be made based on a police officer's
72	72		previous disciplinary record.
73	73		SECTION 6. Section 143.057, Local Government Code, is
74	74		amended by amending Subsection (a) and adding Subsection (b-1) to
75	75		read as follows:
76	76		(a) In addition to the other notice requirements prescribed
77	77		by this chapter, the written notice for a promotional bypass or the
78	78		letter of disciplinary action, as applicable, issued to a fire
79	79		fighter or police officer must state that in an appeal of an
80	80		indefinite suspension, a suspension, a promotional bypass, [or] a
81	81		recommended demotion, or, if issued to a police officer, any other
82	82		disciplinary sanction, the appealing fire fighter or police officer
83	83		may elect to appeal to an independent third party hearing examiner
84	84		instead of to the commission. The letter must also state that if the
85	85		fire fighter or police officer elects to appeal to a hearing
86	86		examiner, the person waives all rights to appeal to a district court
87	87		except as provided by Subsection (j).
88	88		(b-1) A hearing examiner must presume a disciplinary action
89	89		applied to a police officer under a progressive disciplinary matrix
90	90		is reasonable unless the facts indicate that the department
91	91		inappropriately applied a category of offense to the particular
92	92		violation.
93	93		SECTION 7. Section 143.307, Local Government Code, is
94	94		amended by amending Subsections (a) and (b) and adding Subsection
95	95		(d) to read as follows:
96	96		(a) Except as provided by Subsection (d), an [An] agreement
97	97		under this subchapter supersedes a previous statute concerning
98	98		wages, salaries, rates of pay, hours of work, or other terms and
99	99		conditions of employment to the extent of any conflict with the
100	100		statute.
101	101		(b) Except as provided by Subsection (d), an [An] agreement
102	102		under this subchapter preempts any contrary statute, executive
103	103		order, local ordinance, or rule adopted by the state or a political
104	104		subdivision or agent of the state, including a personnel board, a
105	105		civil service commission, or a home-rule municipality.
106	106		(d) An agreement under this subchapter affecting police
107	107		officers:
108	108		(1) must implement the progressive disciplinary
109	109		matrix established under Section 143.0511; and
110	110		(2) may not conflict with and does not supersede a
111	111		statute, order, ordinance, or rule concerning the disciplinary
112	112		actions that may be imposed on a police officer under the
113	113		progressive disciplinary matrix.
114	114		SECTION 8. Section 143.361, Local Government Code, is
115	115		amended by amending Subsections (a) and (b) and adding Subsection
116	116		(d) to read as follows:
117	117		(a) Except as provided by Subsection (d), a [A] written
118	118		agreement ratified under this subchapter between a public employer
119	119		and the bargaining agent supersedes a previous statute concerning
120	120		wages, salaries, rates of pay, hours of work, and other terms of
121	121		employment other than pension benefits to the extent of any
122	122		conflict with the previous statute.
123	123		(b) Except as provided by Subsection (d), a [A] written
124	124		agreement ratified under this subchapter preempts all contrary
125	125		local ordinances, executive orders, legislation, or rules adopted
126	126		by the state or a political subdivision or agent of the state, such
127	127		as a personnel board, a civil service commission, or a home-rule
128	128		municipality.
129	129		(d) An agreement under this subchapter affecting police
130	130		officers:
131	131		(1) must implement the progressive disciplinary
132	132		matrix established under Section 143.0511; and
133	133		(2) may not conflict with and does not supersede an
134	134		ordinance, order, statute, or rule concerning the disciplinary
135	135		actions that may be imposed on a police officer under the
136	136		progressive disciplinary matrix.
137	137		SECTION 9. Section 174.005, Local Government Code, is
138	138		amended to read as follows:
139	139		Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as
140	140		provided by Subsection (b), this [This] chapter preempts all
141	141		contrary local ordinances, executive orders, legislation, or rules
142	142		adopted by the state or by a political subdivision or agent of the
143	143		state, including a personnel board, civil service commission, or
144	144		home-rule municipality.
145	145		(b) This chapter does not authorize the adoption or
146	146		implementation of an agreement that conflicts with an ordinance,
147	147		order, statute, or rule concerning the disciplinary actions that
148	148		may be imposed on municipal police officers under a progressive
149	149		disciplinary matrix implemented by the municipal public employer.
150	150		SECTION 10. Subchapter B, Chapter 174, Local Government
151	151		Code, is amended by adding Section 174.024 to read as follows:
152	152		Sec. 174.024. PROGRESSIVE DISCIPLINARY MATRIX FOR CERTAIN
153	153		POLICE OFFICERS. (a) A municipal public employer shall implement a
154	154		progressive disciplinary matrix, as described by Section 143.0511,
155	155		for municipal police officers if the municipality has not adopted
156	156		Chapter 143.
157	157		(b) The municipal public employer shall adopt rules
158	158		necessary to implement the progressive disciplinary matrix.
159	159		SECTION 11. The changes in law made by this Act to the Local
160	160		Government Code apply only to a disciplinary action for conduct
161	161		that occurs on or after March 1, 2022. Conduct that occurs before
162	162		that date is governed by the law in effect immediately before that
163	163		date, and the former law is continued in effect for that purpose.
164	164		SECTION 12. Sections 142.067(b), 143.307(d), 143.361(d),
165	165		and 174.005(b), Local Government Code, as added by this Act, apply
166	166		only to an agreement entered into or renewed on or after March 1,
167	167		2022. An agreement entered into or renewed before March 1, 2022, is
168	168		governed by the law in effect on the date the agreement was entered
169	169		into or renewed, and the former law is continued in effect for that
170	170		purpose.
171	171		SECTION 13. (a) The Bill Blackwood Law Enforcement
172	172		Management Institute of Texas shall consult with law enforcement
173	173		agencies of all sizes, law enforcement associations, law
174	174		enforcement training experts, and appropriate organizations
175	175		engaged in the development of law enforcement policy to develop a
176	176		model progressive disciplinary matrix, as defined by Section
177	177		143.003(6), Local Government Code, as added by this Act, and
178	178		associated training materials regarding the application of that
179	179		matrix. The institute shall provide for a period of public comment
180	180		before adopting the model progressive disciplinary matrix and
181	181		training materials.
182	182		(b) Not later than January 1, 2022, the institute shall
183	183		adopt and disseminate the model progressive disciplinary matrix and
184	184		training materials to all law enforcement agencies and civil
185	185		service commissions in this state.
186	186		(c) This section expires September 1, 2022.
187	187		SECTION 14. This Act takes effect September 1, 2021.