Texas 2021 - 87th Regular

Texas Senate Bill SB1805 Compare Versions

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1	1	87R11140 SCL-D
2	2	By: Johnson S.B. No. 1805
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to municipal civil service for fire fighters and police
8	8	officers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 143.003, Local Government Code, is
11	11	amended by amending Subdivision (1) and adding Subdivision (1-a) to
12	12	read as follows:
13	13	(1) "Business day" means any day that is not a
14	14	Saturday, Sunday, or national holiday described by Section 662.003,
15	15	Government Code.
16	16	(1-a) "Commission" means the Fire Fighters' and Police
17	17	Officers' Civil Service Commission.
18	18	SECTION 2. Sections 143.010(a) and (e), Local Government
19	19	Code, are amended to read as follows:
20	20	(a) Except as otherwise provided by this chapter, if a fire
21	21	fighter or police officer wants to appeal to the commission from an
22	22	action for which an appeal or review is provided by this chapter,
23	23	the fire fighter or police officer need only file an appeal with the
24	24	commission within 10 business days after the date the action
25	25	occurred.
26	26	(e) The affected fire fighter or police officer may request
27	27	the commission to subpoena any books, records, documents, papers,
28	28	accounts, or witnesses that the fire fighter or police officer
29	29	considers pertinent to the case. The fire fighter or police officer
30	30	must make the request before the 10th calendar day before the date
31	31	the commission hearing will be held. If the commission does not
32	32	subpoena the material, the commission shall, before the third
33	33	calendar day before the date the hearing will be held, make a
34	34	written report to the fire fighter or police officer stating the
35	35	reason it will not subpoena the requested material. This report
36	36	shall be read into the public record of the commission hearing.
37	37	SECTION 3. Section 143.014, Local Government Code, is
38	38	amended by amending Subsection (d) and adding Subsection (d-1) to
39	39	read as follows:
40	40	(d) Except as provided by Subsection (d-1), a [A] person
41	41	appointed to a position in the classification immediately below
42	42	that of the head of the police department must:
43	43	(1) be employed by the municipality's police
44	44	department as a sworn police officer;
45	45	(2) have at least two years' continuous service in that
46	46	department as a sworn police officer; and
47	47	(3) meet the requirements for appointment as head of a
48	48	police department prescribed by Section 143.013(b).
49	49	(d-1) The department head of a police department may appoint
50	50	a person that does not meet the requirements described by
51	51	Subsections (d)(1) and (2) to a position in the classification
52	52	immediately below that of the head of the police department if:
53	53	(1) the department head requests and is granted
54	54	approval for the appointment from the governing body of the
55	55	municipality; and
56	56	(2) the department head provides a justification for
57	57	hiring outside of the department to the commission and the
58	58	commission determines that:
59	59	(A) the justification is valid; and
60	60	(B) the appointment will improve the
61	61	department's operations.
62	62	SECTION 4. Section 143.015, Local Government Code, is
63	63	amended by amending Subsections (a) and (b) and adding Subsections
64	64	(a-1) and (b-1) to read as follows:
65	65	(a) A [If a] fire fighter or police officer may appeal [is
66	66	dissatisfied with] any commission decision by filing [, the fire
67	67	fighter or police officer may file] a petition in district court
68	68	asking that the decision be set aside. The petition must:
69	69	(1) be filed within 10 business days after the date the
70	70	fire fighter or police officer is notified of the final commission
71	71	decision; and [:
72	72	[(1) is sent to the fire fighter or police officer by
73	73	certified mail; or]
74	74	(2) if filed by a police officer, establish that the
75	75	commission decision was arbitrary, unreasonable, not in accordance
76	76	with commission rules, or not in accordance with applicable law [is
77	77	personally received by the fire fighter or police officer or by that
78	78	person's designee].
79	79	(a-1) For purposes of Subsection (a)(1), a fire fighter or
80	80	police officer is considered notified on the date the final
81	81	commission decision is:
82	82	(1) sent to the fire fighter or police officer by
83	83	certified mail; or
84	84	(2) personally received by the fire fighter or police
85	85	officer or by that person's designee.
86	86	(b) Except as provided by Subsection (b-1), an [An] appeal
87	87	under this section is by trial de novo. The district court may
88	88	grant the appropriate legal or equitable relief necessary to carry
89	89	out the purposes of this chapter. The relief may include
90	90	reinstatement or promotion with back pay if an order of suspension,
91	91	dismissal, or demotion is set aside.
92	92	(b-1) If the district court determines a petition by a
93	93	police officer does not fulfill the requirements of Subsection
94	94	(a)(2), the district court shall review the commission decision for
95	95	sufficiency of the evidence.
96	96	SECTION 5. Section 143.016, Local Government Code, is
97	97	amended to read as follows:
98	98	Sec. 143.016. PENALTY FOR FAILURE TO COMPLY WITH SUBPOENA
99	99	AND CERTAIN VIOLATIONS [VIOLATION] OF CHAPTER. (a) A fire fighter
100	100	or police officer commits an offense if the person:
101	101	(1) fails to respond to a subpoena issued under
102	102	Section 143.009; or
103	103	(2) violates Section 143.086 or 143.087 [this
104	104	chapter].
105	105	(b) An offense under this section [or Section 143.009] is a
106	106	Class C misdemeanor [punishable by a fine of not less than $10 or
107	107	more than $100, confinement in the county jail for not more than 30
108	108	days, or both fine and confinement].
109	109	SECTION 6. Section 143.024(a), Local Government Code, is
110	110	amended to read as follows:
111	111	(a) Before the 10th day before the date an entrance
112	112	examination is held, the commission shall cause a notice of the
113	113	examination to be posted in plain view in a conspicuous location [on
114	114	a bulletin board located] in the main lobby of the city hall and in
115	115	the commission's office. The notice must show the position to be
116	116	filled or for which the examination is to be held, and the date,
117	117	time, and place of the examination.
118	118	SECTION 7. Sections 143.025(d) and (e), Local Government
119	119	Code, are amended to read as follows:
120	120	(d) Examinations for beginning positions [in the fire
121	121	department] may be held at different locations if each applicant
122	122	takes the same examination and is examined in the presence of other
123	123	applicants.
124	124	(e) This subsection applies only in a municipality to which
125	125	Subchapter J does not apply. An examination for beginning
126	126	positions in the police department must be held at one or more
127	127	locations in the municipality in which the police department is
128	128	located and may be held at additional locations outside the
129	129	municipality. An examination held at multiple locations must be
130	130	administered on the same day [and at the same time] at each location
131	131	at which it is given. Only one eligibility list for a police
132	132	department may be created from that examination, and only one
133	133	eligibility list may be in effect at a given time. Each applicant
134	134	who takes the examination for the eligibility list shall:
135	135	(1) take the same examination; and
136	136	(2) be examined in the presence of other applicants
137	137	for that eligibility list.
138	138	SECTION 8. Section 143.029(b), Local Government Code, is
139	139	amended to read as follows:
140	140	(b) Before the 30th day before the date a promotional
141	141	examination is held, the commission shall post a notice of the
142	142	examination in a conspicuous location [plain view on a bulletin
143	143	board located] in the main lobby of the city hall and in the
144	144	commission's office. The notice must show the position to be filled
145	145	or for which the examination is to be held, and the date, time, and
146	146	place of the examination. The commission shall also furnish
147	147	sufficient copies of the notice for posting in the stations or
148	148	subdepartments in which the position will be filled.
149	149	SECTION 9. The heading to Section 143.030, Local Government
150	150	Code, is amended to read as follows:
151	151	Sec. 143.030. ELIGIBILITY FOR FIRE DEPARTMENT PROMOTION AND
152	152	PROMOTIONAL EXAMINATION.
153	153	SECTION 10. Section 143.030, Local Government Code, is
154	154	amended by amending Subsection (b) and adding Subsections (b-1),
155	155	(g), and (h) to read as follows:
156	156	(b) Except as provided by this section, Section 143.013, and
157	157	Section 143.102, a fire fighter is eligible for promotion if the
158	158	fire fighter has continuously held a position in the classification
159	159	that is immediately below, in salary, the classification for which
160	160	the examination is to be held for at least two years before the
161	161	examination date.
162	162	(b-1) Each promotional examination is open to each fire
163	163	fighter who is eligible under Subsection (b) [at any time has
164	164	continuously held for at least two years a position in the
165	165	classification that is immediately below, in salary, the
166	166	classification for which the examination is to be held].
167	167	(g) A fire fighter is not eligible for promotion to the rank
168	168	of captain or its equivalent unless the fire fighter has at least
169	169	four years of actual service in the fire department for which the
170	170	fire fighter would serve as that rank.
171	171	(h) If a fire fighter is recalled on active military duty
172	172	for not more than 60 months, the two-year service requirement under
173	173	Subsection (b) does not apply and the fire fighter is entitled to
174	174	have time spent on active military duty considered as duty in the
175	175	fire department.
176	176	SECTION 11. The heading to Section 143.031, Local
177	177	Government Code, is amended to read as follows:
178	178	Sec. 143.031. ELIGIBILITY FOR POLICE DEPARTMENT PROMOTION
179	179	AND PROMOTIONAL EXAMINATION.
180	180	SECTION 12. Section 143.031, Local Government Code, is
181	181	amended by amending Subsection (a) and adding Subsections (a-1),
182	182	(d), (e), and (f) to read as follows:
183	183	(a) Except as provided by this section, Section 143.013, and
184	184	Section 143.102, a police officer is eligible for promotion if the
185	185	police officer has continuously held a position in the
186	186	classification that is immediately below, in salary, the
187	187	classification for which the examination is to be held for at least
188	188	two years before the examination date.
189	189	(a-1) Each promotional examination is open to each police
190	190	officer who is eligible under Subsection (a) [for at least two years
191	191	immediately before the examination date has continuously held a
192	192	position in the classification that is immediately below, in
193	193	salary, the classification for which the examination is to be
194	194	held].
195	195	(d) If a police officer is serving in a beginning position
196	196	in a police department, the two-year service period described by
197	197	Subsection (a) begins on completion of the police officer's
198	198	probationary period.
199	199	(e) If a police officer is recalled on active military duty
200	200	for not more than 60 months, the two-year service requirement under
201	201	Subsection (a) does not apply and the police officer is entitled to
202	202	have time spent on active military duty considered as duty in the
203	203	police department.
204	204	(f) A demoted police officer is not eligible for promotion
205	205	unless the police officer has served continuously in the next lower
206	206	position for at least two years after the demotion.
207	207	SECTION 13. Section 143.035(g), Local Government Code, is
208	208	amended to read as follows:
209	209	(g) The commission shall canvass the votes within 30 days
210	210	after the date the election is held. An appeal alleging election
211	211	irregularity must be filed with the commission within five business
212	212	[working] days after the date the election closes. If approved by
213	213	the sworn police officers, the promotional system amendment becomes
214	214	effective after all election disputes have been ruled on and the
215	215	election votes have been canvassed by the commission.
216	216	SECTION 14. Section 143.045(d), Local Government Code, is
217	217	amended to read as follows:
218	218	(d) To facilitate the settlement of the accounts of deceased
219	219	fire fighters and police officers, all unpaid compensation,
220	220	including all accumulated sick leave, due at the time of death to an
221	221	active fire fighter or police officer who dies as a result of a
222	222	line-of-duty injury or illness, shall be paid to the legal
223	223	beneficiary designated in writing by the fire fighter or police
224	224	officer, or, if no legal beneficiary is designated, the person
225	225	determined to be entitled to the payment under Title 2, Estates Code
226	226	[persons in the first applicable category of the following
227	227	prioritized list:
228	228	[(1) to the beneficiary or beneficiaries the fire
229	229	fighter or police officer designated in writing to receive the
230	230	compensation and filed with the commission before the person's
231	231	death;
232	232	[(2) to the fire fighter's or police officer's widow or
233	233	widower;
234	234	[(3) to the fire fighter's or police officer's child
235	235	or children and to the descendants of a deceased child, by
236	236	representation;
237	237	[(4) to the fire fighter's or police officer's parents
238	238	or to their survivors; or
239	239	[(5) to the properly appointed legal representative of
240	240	the fire fighter's or police officer's estate, or in the absence of
241	241	a representative, to the person determined to be entitled to the
242	242	payment under the state law of descent and distribution].
243	243	SECTION 15. Section 143.051, Local Government Code, is
244	244	amended to read as follows:
245	245	Sec. 143.051. CAUSE FOR REMOVAL OR SUSPENSION OF FIRE
246	246	FIGHTERS. A commission rule prescribing cause for removal or
247	247	suspension of a fire fighter [or police officer] is not valid unless
248	248	it involves one or more of the following grounds:
249	249	(1) conviction of a felony or other crime involving
250	250	moral turpitude;
251	251	(2) violations of a municipal charter provision;
252	252	(3) acts of incompetency;
253	253	(4) neglect of duty;
254	254	(5) discourtesy to the public or to a fellow employee
255	255	while the fire fighter [or police officer] is in the line of duty;
256	256	(6) acts showing lack of good moral character;
257	257	(7) drinking intoxicants while on duty or intoxication
258	258	while off duty;
259	259	(8) conduct prejudicial to good order;
260	260	(9) refusal or neglect to pay just debts;
261	261	(10) absence without leave;
262	262	(11) shirking duty or cowardice at fires, if
263	263	applicable; or
264	264	(12) violation of an applicable fire [or police]
265	265	department rule or special order.
266	266	SECTION 16. Subchapter D, Chapter 143, Local Government
267	267	Code, is amended by adding Section 143.0515 to read as follows:
268	268	Sec. 143.0515. CAUSE FOR REMOVAL, SUSPENSION, OR DEMOTION
269	269	OF POLICE OFFICERS. A commission rule prescribing cause for
270	270	removal, suspension, or demotion of a police officer is valid only
271	271	if it involves one or more of the following grounds:
272	272	(1) acts of incompetency, neglect, or failure to
273	273	perform a job function deemed essential to the position as set forth
274	274	in the police department's job description for the position;
275	275	(2) acts showing lack of good moral character,
276	276	including:
277	277	(A) discourtesy to the public or to a fellow
278	278	employee while the police officer is in the line of duty;
279	279	(B) intoxication while on duty or excessive
280	280	intoxication while off duty;
281	281	(C) conduct prejudicial to good order;
282	282	(D) refusal or neglect to pay just debts;
283	283	(E) absence without leave;
284	284	(F) excessive use of force; or
285	285	(G) making a false statement or substantive
286	286	omission during the employment application process, a police
287	287	department hearing, or a police department investigation;
288	288	(3) violation of a municipal charter provision;
289	289	(4) violation of an applicable police department rule
290	290	or special order;
291	291	(5) a plea of guilty, an adjudication of guilt, or a
292	292	verdict of guilty after a criminal trial of any felony offense or
293	293	any of the following misdemeanor offenses:
294	294	(A) an offense listed under Chapter 15, Penal
295	295	Code, that constitutes an attempt, conspiracy, or solicitation to
296	296	commit another offense under this subdivision;
297	297	(B) any offense listed under Chapter 21, Penal
298	298	Code (sexual offenses);
299	299	(C) any offense listed under Section 22.012,
300	300	Penal Code (indecent assault);
301	301	(D) any offense listed under Chapter 30, Penal
302	302	Code (burglary and criminal trespass);
303	303	(E) any offense listed under Chapter 31, Penal
304	304	Code (theft);
305	305	(F) any offense listed under Chapter 32, 35, or
306	306	35A, Penal Code (fraud);
307	307	(G) any offense listed under Chapter 36, Penal
308	308	Code (bribery and corrupt influence);
309	309	(H) any offense listed under Chapter 37, Penal
310	310	Code (perjury and other falsification);
311	311	(I) any offense listed under Chapter 39, Penal
312	312	Code (abuse of office);
313	313	(J) any offense listed under Chapter 43, Penal
314	314	Code (public indecency);
315	315	(K) any offense listed under Section 49.04,
316	316	49.05, or 49.06, Penal Code (intoxication offenses); or
317	317	(L) other misdemeanor crimes of moral turpitude;
318	318	or
319	319	(6) acts constituting an offense under Subdivision
320	320	(5), regardless of criminal prosecution, including any act in any
321	321	jurisdiction other than this state, which if committed in this
322	322	state would constitute such an offense unless a court has held the
323	323	offense as unconstitutional.
324	324	SECTION 17. The heading to Section 143.052, Local
325	325	Government Code, is amended to read as follows:
326	326	Sec. 143.052. DISCIPLINARY SUSPENSIONS OF FIRE FIGHTERS.
327	327	SECTION 18. Sections 143.052(b), (c), (d), (e), (f), (g),
328	328	and (h), Local Government Code, are amended to read as follows:
329	329	(b) The head of the fire [or police] department may suspend
330	330	a fire fighter [or police officer] under the department head's
331	331	supervision or jurisdiction for the violation of a civil service
332	332	rule. The suspension may be for a reasonable period not to exceed
333	333	15 calendar days or for an indefinite period. An indefinite
334	334	suspension is equivalent to dismissal from the department.
335	335	(c) If the department head suspends a fire fighter [or
336	336	police officer], the department head shall, within 120 hours after
337	337	the hour of suspension, file a written statement with the
338	338	commission giving the reasons for the suspension. The department
339	339	head shall immediately deliver a copy of the statement in person to
340	340	the suspended fire fighter [or police officer].
341	341	(d) The copy of the written statement must inform the
342	342	suspended fire fighter [or police officer] that if the fire fighter
343	343	[person] wants to appeal to the commission, the fire fighter
344	344	[person] must file a written appeal with the commission within 10
345	345	business days after the date the fire fighter [person] receives the
346	346	copy of the statement.
347	347	(e) The written statement filed by the department head with
348	348	the commission must point out each civil service rule alleged to
349	349	have been violated by the suspended fire fighter [or police
350	350	officer] and must describe the alleged acts of the fire fighter
351	351	[person] that the department head contends are in violation of the
352	352	civil service rules. It is not sufficient for the department head
353	353	merely to refer to the provisions of the rules alleged to have been
354	354	violated.
355	355	(f) If the department head does not specifically point out
356	356	in the written statement the act or acts of the fire fighter [or
357	357	police officer] that allegedly violated the civil service rules,
358	358	the commission shall promptly reinstate the fire fighter [person].
359	359	(g) If offered by the department head, the fire fighter [or
360	360	police officer] may agree in writing to voluntarily accept, with no
361	361	right of appeal, a suspension of 16 to 90 calendar days for the
362	362	violation of a civil service rule. The fire fighter [or police
363	363	officer] must accept the offer within five business [working] days
364	364	after the date the offer is made. If the fire fighter [person]
365	365	refuses the offer and wants to appeal to the commission, the fire
366	366	fighter [person] must file a written appeal with the commission
367	367	within 15 business days after the date the fire fighter [person]
368	368	receives the copy of the written statement of suspension.
369	369	(h) In the original written statement and charges and in any
370	370	hearing conducted under this chapter, the department head may not
371	371	complain of an act that occurred earlier than the 180th day
372	372	preceding the date the department head suspends the fire fighter
373	373	[or police officer]. If the act is allegedly related to criminal
374	374	activity including the violation of a federal, state, or local law
375	375	for which the fire fighter [or police officer] is subject to a
376	376	criminal penalty, the department head may not complain of an act
377	377	that is discovered earlier than the 180th day preceding the date the
378	378	department head suspends the fire fighter [or police officer]. The
379	379	department head must allege that the act complained of is related to
380	380	criminal activity.
381	381	SECTION 19. Subchapter D, Chapter 143, Local Government
382	382	Code, is amended by adding Section 143.0525 to read as follows:
383	383	Sec. 143.0525. DISCIPLINARY SUSPENSIONS AND DEMOTIONS OF
384	384	POLICE OFFICERS. (a) This section does not apply to a municipality
385	385	with a population of 1.5 million or more.
386	386	(b) For purposes of this section, "civil service rule"
387	387	includes the underlying grounds described by Section 143.0515.
388	388	(c) If the head of a police department determines that a
389	389	police officer under the department head's supervision or
390	390	jurisdiction violated a civil service rule, the department head
391	391	may:
392	392	(1) suspend the police officer for a period not to
393	393	exceed 15 calendar days;
394	394	(2) suspend the police officer indefinitely, which is
395	395	equivalent to dismissal from the department; or
396	396	(3) recommend to the commission to demote the police
397	397	officer to any lower rank in the classified civil service.
398	398	(d) If the department head suspends or recommends to demote
399	399	a police officer under this section, the department head shall,
400	400	within five business days after the date of suspension or
401	401	recommended demotion, file a written statement with the commission.
402	402	The written statement must identify each civil service rule alleged
403	403	to have been violated by the police officer and describe the alleged
404	404	acts of the police officer that the department head contends are in
405	405	violation of the civil service rules. It is not sufficient for the
406	406	department head merely to refer to the provisions of the rules
407	407	alleged to have been violated.
408	408	(e) The department head shall deliver a copy of the
409	409	statement in person or by certified mail to the police officer
410	410	within five business days after the date the department head
411	411	suspends or recommends demotion of the police officer. The copy
412	412	must inform the police officer of the police officer's right to
413	413	appeal under Section 143.0535.
414	414	(f) A suspension under this section goes into effect
415	415	immediately.
416	416	(g) A recommended demotion under this section goes into
417	417	effect if the commission grants the request of the department head.
418	418	If the police officer exercises the police officer's right to
419	419	appeal under Section 143.0535, the commission may not grant the
420	420	demotion request until the appeal process is complete.
421	421	(h) In the original written statement and charges and in any
422	422	hearing conducted under this chapter, the department head may not
423	423	complain of an act that was discovered by the department before the
424	424	360th day preceding the date the department head suspends or
425	425	recommends demotion of the police officer.
426	426	SECTION 20. The heading to Section 143.053, Local
427	427	Government Code, is amended to read as follows:
428	428	Sec. 143.053. APPEAL OF DISCIPLINARY SUSPENSION OF FIRE
429	429	FIGHTERS.
430	430	SECTION 21. Section 143.053, Local Government Code, is
431	431	amended by amending Subsections (b), (e), (f), and (g) and adding
432	432	Subsection (f-1) to read as follows:
433	433	(b) If a suspended fire fighter [or police officer] appeals
434	434	the suspension to the commission, the commission shall hold a
435	435	hearing and render a decision in writing within 30 days after the
436	436	date it receives notice of appeal. The suspended fire fighter
437	437	[person] and the commission may agree to postpone the hearing for a
438	438	definite period.
439	439	(e) In its decision, the commission shall state whether the
440	440	suspended fire fighter [or police officer] is:
441	441	(1) permanently dismissed from the fire [or police]
442	442	department;
443	443	(2) temporarily suspended from the department; or
444	444	(3) restored to the fire fighter's [person's] former
445	445	position or status in the department's classified service.
446	446	(f) If the commission finds that the period of disciplinary
447	447	suspension should be reduced, the commission may order a reduction
448	448	in the period of suspension. If the suspended fire fighter [or
449	449	police officer] is restored to the position or class of service from
450	450	which the person was suspended, the fire fighter [or police
451	451	officer] is entitled to:
452	452	(1) full compensation for the actual time lost as a
453	453	result of the suspension at the rate of pay provided for the
454	454	position or class of service from which the fire fighter [person]
455	455	was suspended; and
456	456	(2) restoration of or credit for any other benefits
457	457	lost as a result of the suspension in accordance with Subsection
458	458	(f-1), including sick leave, vacation leave, and service credit in
459	459	a retirement system.
460	460	(f-1) Standard payroll deductions, if any, for retirement
461	461	and other benefits restored shall be made from the compensation
462	462	paid under Subsection (f)(1), and the municipality shall make its
463	463	standard corresponding contributions, if any, to the retirement
464	464	system or other applicable benefit systems.
465	465	(g) The commission may suspend or dismiss a fire fighter [or
466	466	police officer] only for violation of civil service rules and only
467	467	after a finding by the commission of the truth of specific charges
468	468	against the fire fighter [or police officer].
469	469	SECTION 22. Subchapter D, Chapter 143, Local Government
470	470	Code, is amended by adding Section 143.0535 to read as follows:
471	471	Sec. 143.0535. APPEALS AND REJECTIONS OF DISCIPLINARY
472	472	SUSPENSIONS AND DEMOTIONS OF POLICE OFFICERS. (a) This section
473	473	does not apply to a municipality with a population of 1.5 million or
474	474	more.
475	475	(b) For purposes of this section, "civil service rule"
476	476	includes the underlying grounds described by Section 143.0515.
477	477	(c) A police officer has the right to appeal a suspension or
478	478	recommended demotion made under Section 143.0525 unless:
479	479	(1) offered by the department head, the police officer
480	480	agrees in writing to voluntarily accept a demotion or suspension of
481	481	up to 90 calendar days; or
482	482	(2) the department head is requesting to demote a
483	483	police officer who has been promoted in the last six months to the
484	484	police officer's previous civil service rank on the grounds
485	485	described by Section 143.0515(1) relating to the new position.
486	486	(d) Regardless of whether the police officer files an appeal
487	487	or has the right to appeal, the commission shall reject a suspension
488	488	or recommended demotion under this section and immediately
489	489	reinstate the police officer if the commission finds that the
490	490	department head did not fulfill the requirements of Section
491	491	143.0525(d).
492	492	(e) An appeal to the commission by a police officer under
493	493	this section must be filed with the commission within 10 business
494	494	days after the date the police officer receives the copy of the
495	495	statement in accordance with Section 143.0525(e).
496	496	(f) The commission shall hold a full and complete hearing
497	497	and render a decision in writing within 30 calendar days after the
498	498	date the commission receives notice of the appeal. The police
499	499	officer and commission may agree to postpone the hearing for a
500	500	definite period.
501	501	(g) In a hearing conducted under this section, the
502	502	department head is restricted to:
503	503	(1) the department head's unamended original written
504	504	statement and charges; and
505	505	(2) additional facts that become known to the
506	506	department head after the time of the suspension or recommended
507	507	demotion.
508	508	(h) The department head shall provide the additional facts
509	509	described by Subsection (g)(2) to:
510	510	(1) the appellant at least five business days before
511	511	the date set for hearing; and
512	512	(2) the commission.
513	513	(i) The commission may deliberate the decision in closed
514	514	session but may not consider evidence that was not presented at the
515	515	hearing. The commission shall vote in open session.
516	516	(j) The commission may suspend, dismiss, or demote a police
517	517	officer only for violation of civil service rules and only after a
518	518	finding by the commission of the truth of the specific charges
519	519	against the police officer.
520	520	(k) In the commission's decision, the commission shall
521	521	state whether the police officer is:
522	522	(1) permanently dismissed from the police department;
523	523	(2) temporarily suspended from the police department
524	524	for a definite period;
525	525	(3) demoted to the position requested by the
526	526	department head;
527	527	(4) demoted to a position between the police officer's
528	528	current position and the position requested by the department head;
529	529	or
530	530	(5) restored to the police officer's former position
531	531	or status in the police department's classified service.
532	532	(l) If the suspended police officer is restored to the
533	533	position or class of service from which the police officer was
534	534	suspended, the police officer is entitled to:
535	535	(1) full compensation for the actual time lost as a
536	536	result of the suspension at the rate of pay provided for the
537	537	position or class of service from which the police officer was
538	538	suspended; and
539	539	(2) restoration of or credit for any other benefits
540	540	lost as a result of the suspension in accordance with Subsection
541	541	(m), including sick leave, vacation leave, and service credit in a
542	542	retirement system.
543	543	(m) Standard payroll deductions, if any, for retirement and
544	544	other benefits restored under Subsection (l)(2) must be made from
545	545	the compensation paid, and the municipality shall make its standard
546	546	corresponding contributions, if any, to the retirement system or
547	547	other applicable benefit systems.
548	548	(n) A decision by the commission to suspend a police officer
549	549	for not more than 15 calendar days is final and may not be appealed
550	550	under Section 143.015.
551	551	(o) Except as otherwise provided by this section, an appeal
552	552	under this section shall follow the procedures prescribed by
553	553	Section 143.010.
554	554	SECTION 23. The heading to Section 143.054, Local
555	555	Government Code, is amended to read as follows:
556	556	Sec. 143.054. DEMOTIONS OF FIRE FIGHTERS AND CERTAIN POLICE
557	557	OFFICERS.
558	558	SECTION 24. Section 143.054, Local Government Code, is
559	559	amended by amending Subsections (a) and (c) and adding Subsection
560	560	(a-1) to read as follows:
561	561	(a) This section does not apply to a police department in a
562	562	municipality with a population of less than 1.5 million.
563	563	(a-1) If the head of the fire or police department wants a
564	564	fire fighter or police officer under the department head's [his]
565	565	supervision or jurisdiction to be involuntarily demoted, the
566	566	department head may recommend in writing to the commission that the
567	567	commission demote the fire fighter or police officer.
568	568	(c) The commission may refuse to grant the request for
569	569	demotion. If the commission believes that probable cause exists for
570	570	ordering the demotion, the commission shall give the fire fighter
571	571	or police officer written notice to appear before the commission
572	572	for a public hearing at a time and place specified in the notice.
573	573	The commission shall give the notice before the 10th business day
574	574	before the date the hearing will be held.
575	575	SECTION 25. Section 143.056, Local Government Code, is
576	576	amended by amending Subsections (c) and (h) and adding Subsections
577	577	(c-1) and (i) to read as follows:
578	578	(c) If the action directly related to the felony indictment
579	579	or misdemeanor complaint against a fire fighter occurred or was
580	580	discovered on or after the 180th day before the date of the
581	581	indictment or complaint, the department head may, within 30 days
582	582	after the date of final disposition of the indictment or complaint,
583	583	bring a charge against the fire fighter [or police officer] for a
584	584	violation of civil service rules.
585	585	(c-1) If the action directly related to the felony
586	586	indictment or misdemeanor complaint against a police officer was
587	587	discovered on or after the 360th day before the date of the
588	588	indictment or complaint, the department head may, within 30 days
589	589	after the date of final disposition of the indictment or complaint,
590	590	bring a charge against the police officer for a violation of civil
591	591	service rules.
592	592	(h) The department head may order an indefinite suspension
593	593	of a fire fighter based on an act classified as a felony or a Class A
594	594	or B misdemeanor after the 180-day period following the date of the
595	595	discovery of the act by the department if the department head
596	596	considers delay to be necessary to protect a criminal investigation
597	597	of the fire fighter's [person's] conduct. If the department head
598	598	intends to order an indefinite suspension of the fire fighter after
599	599	the 180-day period, the department head must file with the attorney
600	600	general a statement describing the criminal investigation and its
601	601	objectives within 180 days after the date the act complained of
602	602	occurred.
603	603	(i) The department head may order an indefinite suspension
604	604	of a police officer based on an act classified as a felony or a Class
605	605	A or B misdemeanor after the 360-day period following the date of
606	606	the discovery of the act by the department if the department head
607	607	considers the delay to be necessary to protect a criminal
608	608	investigation of the police officer's conduct. If the department
609	609	head intends to order an indefinite suspension of the police
610	610	officer after the 360-day period, the department head must file
611	611	with the attorney general a statement describing the criminal
612	612	investigation and its objectives within 360 days after the date of
613	613	the discovery of the act by the department.
614	614	SECTION 26. The heading to Section 143.057, Local
615	615	Government Code, is amended to read as follows:
616	616	Sec. 143.057. FIRE FIGHTER APPEAL TO HEARING EXAMINER
617	617	[EXAMINERS].
618	618	SECTION 27. Sections 143.057(a), (b), (c), (d), (e), (i),
619	619	and (j), Local Government Code, are amended to read as follows:
620	620	(a) In addition to the other notice requirements prescribed
621	621	by this chapter, the written notice for a promotional bypass or the
622	622	letter of disciplinary action, as applicable, issued to a fire
623	623	fighter [or police officer] must state that in an appeal of an
624	624	indefinite suspension, a suspension, a promotional bypass, or a
625	625	recommended demotion, the appealing fire fighter [or police
626	626	officer] may elect to appeal to an independent third party hearing
627	627	examiner instead of to the commission. The letter must also state
628	628	that if the fire fighter [or police officer] elects to appeal to a
629	629	hearing examiner, the fire fighter [person] waives all rights to
630	630	appeal to a district court except as provided by Subsection (j).
631	631	(b) To exercise the choice of appealing to a hearing
632	632	examiner, the appealing fire fighter [or police officer] must
633	633	submit to the director a written request as part of the original
634	634	notice of appeal required under this chapter stating the fire
635	635	fighter's [person's] decision to appeal to an independent third
636	636	party hearing examiner.
637	637	(c) The hearing examiner's decision is final and binding on
638	638	all parties. If the fire fighter [or police officer] decides to
639	639	appeal to an independent third party hearing examiner, the fire
640	640	fighter [person] automatically waives all rights to appeal to a
641	641	district court except as provided by Subsection (j).
642	642	(d) If the appealing fire fighter [or police officer]
643	643	chooses to appeal to a hearing examiner, the fire fighter [or police
644	644	officer] and the department head, or their designees, shall first
645	645	attempt to agree on the selection of an impartial hearing examiner.
646	646	If the parties do not agree on the selection of a hearing examiner
647	647	on or within 10 business days after the date the appeal is filed,
648	648	the director shall immediately request a list of seven qualified
649	649	neutral arbitrators from the American Arbitration Association or
650	650	the Federal Mediation and Conciliation Service, or their successors
651	651	in function. The fire fighter [or police officer] and the
652	652	department head, or their designees, may agree on one of the seven
653	653	neutral arbitrators on the list. If they do not agree within five
654	654	business [working] days after the date they received the list, each
655	655	party or the party's designee shall alternate striking a name from
656	656	the list and the name remaining is the hearing examiner. The
657	657	parties or their designees shall agree on a date for the hearing.
658	658	(e) The appeal hearing shall begin as soon as the hearing
659	659	examiner can be scheduled. If the hearing examiner cannot begin the
660	660	hearing within 45 calendar days after the date of selection, the
661	661	fire fighter [or police officer] may, within two business days
662	662	after learning of that fact, call for the selection of a new hearing
663	663	examiner using the procedure prescribed by Subsection (d).
664	664	(i) The hearing examiner's fees and expenses are shared
665	665	equally by the appealing fire fighter [or police officer] and by the
666	666	department. The costs of a witness are paid by the party who calls
667	667	the witness.
668	668	(j) A district court may hear an appeal of a hearing
669	669	examiner's award only on the grounds that the arbitration panel was
670	670	without jurisdiction or exceeded its jurisdiction or that the order
671	671	was procured by fraud, collusion, or other unlawful means. An
672	672	appeal must be brought in the district court having jurisdiction in
673	673	the municipality in which the fire [or police] department is
674	674	located.
675	675	SECTION 28. The heading to Section 143.083, Local
676	676	Government Code, is amended to read as follows:
677	677	Sec. 143.083. EMERGENCY APPOINTMENT OF TEMPORARY FIRE
678	678	FIGHTERS [AND POLICE OFFICERS].
679	679	SECTION 29. Section 143.083(a), Local Government Code, is
680	680	amended to read as follows:
681	681	(a) If a municipality is unable to recruit qualified fire
682	682	fighters [or police officers] because of the maximum age limit
683	683	prescribed by Section 143.023 and the municipality's governing body
684	684	finds that this inability creates an emergency, the commission
685	685	shall recommend to the governing body additional rules governing
686	686	the temporary employment of fire fighters [persons] who are 36
687	687	years of age or older.
688	688	SECTION 30. Section 143.089(f), Local Government Code, is
689	689	amended to read as follows:
690	690	(f) The director or the director's designee may not release
691	691	any information contained in a fire fighter's or police officer's
692	692	personnel file without first obtaining the person's written
693	693	permission, unless the release of the information is:
694	694	(1) required by law; or
695	695	(2) requested by a local, state, or federal law
696	696	enforcement agency conducting a criminal history check on a current
697	697	or former police officer.
698	698	SECTION 31. The following provisions of the Local
699	699	Government Code are repealed:
700	700	(1) Section 143.009(e);
701	701	(2) Section 143.023(c);
702	702	(3) Section 143.028; and
703	703	(4) Section 143.045(e).
704	704	SECTION 32. Chapter 143, Local Government Code, as amended
705	705	by this Act, applies only in relation to an employment action taken
706	706	on or after the effective date of this Act. An employment action
707	707	taken before the effective date of this Act is governed by the law
708	708	in effect on the date the employment action was taken, and that law
709	709	continues in effect for that purpose.
710	710	SECTION 33. Section 143.016, Local Government Code, as
711	711	amended by this Act, applies only to an offense committed on or
712	712	after the effective date of this Act. An offense committed before
713	713	the effective date of this Act is governed by the law in effect on
714	714	the date the offense was committed, and the former law is continued
715	715	in effect for that purpose. For purposes of this section, an
716	716	offense was committed before the effective date of this Act if any
717	717	element of the offense occurred before that date.
718	718	SECTION 34. This Act takes effect September 1, 2021.