87R11140 SCL-D
By: Johnson S.B. No. 1805
A BILL TO BE ENTITLED
AN ACT
relating to municipal civil service for fire fighters and police
officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 143.003, Local Government Code, is
amended by amending Subdivision (1) and adding Subdivision (1-a) to
read as follows:
(1) "Business day" means any day that is not a
Saturday, Sunday, or national holiday described by Section 662.003,
Government Code.
(1-a) "Commission" means the Fire Fighters' and Police
Officers' Civil Service Commission.
SECTION 2. Sections 143.010(a) and (e), Local Government
Code, are amended to read as follows:
(a) Except as otherwise provided by this chapter, if a fire
fighter or police officer wants to appeal to the commission from an
action for which an appeal or review is provided by this chapter,
the fire fighter or police officer need only file an appeal with the
commission within 10 business days after the date the action
occurred.
(e) The affected fire fighter or police officer may request
the commission to subpoena any books, records, documents, papers,
accounts, or witnesses that the fire fighter or police officer
considers pertinent to the case. The fire fighter or police officer
must make the request before the 10th calendar day before the date
the commission hearing will be held. If the commission does not
subpoena the material, the commission shall, before the third
calendar day before the date the hearing will be held, make a
written report to the fire fighter or police officer stating the
reason it will not subpoena the requested material. This report
shall be read into the public record of the commission hearing.
SECTION 3. Section 143.014, Local Government Code, is
amended by amending Subsection (d) and adding Subsection (d-1) to
read as follows:
(d) Except as provided by Subsection (d-1), a [A] person
appointed to a position in the classification immediately below
that of the head of the police department must:
(1) be employed by the municipality's police
department as a sworn police officer;
(2) have at least two years' continuous service in that
department as a sworn police officer; and
(3) meet the requirements for appointment as head of a
police department prescribed by Section 143.013(b).
(d-1) The department head of a police department may appoint
a person that does not meet the requirements described by
Subsections (d)(1) and (2) to a position in the classification
immediately below that of the head of the police department if:
(1) the department head requests and is granted
approval for the appointment from the governing body of the
municipality; and
(2) the department head provides a justification for
hiring outside of the department to the commission and the
commission determines that:
(A) the justification is valid; and
(B) the appointment will improve the
department's operations.
SECTION 4. Section 143.015, Local Government Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(a-1) and (b-1) to read as follows:
(a) A [If a] fire fighter or police officer may appeal [is
dissatisfied with] any commission decision by filing [, the fire
fighter or police officer may file] a petition in district court
asking that the decision be set aside. The petition must:
(1) be filed within 10 business days after the date the
fire fighter or police officer is notified of the final commission
decision; and [:
[(1) is sent to the fire fighter or police officer by
certified mail; or]
(2) if filed by a police officer, establish that the
commission decision was arbitrary, unreasonable, not in accordance
with commission rules, or not in accordance with applicable law [is
personally received by the fire fighter or police officer or by that
person's designee].
(a-1) For purposes of Subsection (a)(1), a fire fighter or
police officer is considered notified on the date the final
commission decision is:
(1) sent to the fire fighter or police officer by
certified mail; or
(2) personally received by the fire fighter or police
officer or by that person's designee.
(b) Except as provided by Subsection (b-1), an [An] appeal
under this section is by trial de novo. The district court may
grant the appropriate legal or equitable relief necessary to carry
out the purposes of this chapter. The relief may include
reinstatement or promotion with back pay if an order of suspension,
dismissal, or demotion is set aside.
(b-1) If the district court determines a petition by a
police officer does not fulfill the requirements of Subsection
(a)(2), the district court shall review the commission decision for
sufficiency of the evidence.
SECTION 5. Section 143.016, Local Government Code, is
amended to read as follows:
Sec. 143.016. PENALTY FOR FAILURE TO COMPLY WITH SUBPOENA
AND CERTAIN VIOLATIONS [VIOLATION] OF CHAPTER. (a) A fire fighter
or police officer commits an offense if the person:
(1) fails to respond to a subpoena issued under
Section 143.009; or
(2) violates Section 143.086 or 143.087 [this
chapter].
(b) An offense under this section [or Section 143.009] is a
Class C misdemeanor [punishable by a fine of not less than $10 or
more than $100, confinement in the county jail for not more than 30
days, or both fine and confinement].
SECTION 6. Section 143.024(a), Local Government Code, is
amended to read as follows:
(a) Before the 10th day before the date an entrance
examination is held, the commission shall cause a notice of the
examination to be posted in plain view in a conspicuous location [on
a bulletin board located] in the main lobby of the city hall and in
the commission's office. The notice must show the position to be
filled or for which the examination is to be held, and the date,
time, and place of the examination.
SECTION 7. Sections 143.025(d) and (e), Local Government
Code, are amended to read as follows:
(d) Examinations for beginning positions [in the fire
department] may be held at different locations if each applicant
takes the same examination and is examined in the presence of other
applicants.
(e) This subsection applies only in a municipality to which
Subchapter J does not apply. An examination for beginning
positions in the police department must be held at one or more
locations in the municipality in which the police department is
located and may be held at additional locations outside the
municipality. An examination held at multiple locations must be
administered on the same day [and at the same time] at each location
at which it is given. Only one eligibility list for a police
department may be created from that examination, and only one
eligibility list may be in effect at a given time. Each applicant
who takes the examination for the eligibility list shall:
(1) take the same examination; and
(2) be examined in the presence of other applicants
for that eligibility list.
SECTION 8. Section 143.029(b), Local Government Code, is
amended to read as follows:
(b) Before the 30th day before the date a promotional
examination is held, the commission shall post a notice of the
examination in a conspicuous location [plain view on a bulletin
board located] in the main lobby of the city hall and in the
commission's office. The notice must show the position to be filled
or for which the examination is to be held, and the date, time, and
place of the examination. The commission shall also furnish
sufficient copies of the notice for posting in the stations or
subdepartments in which the position will be filled.
SECTION 9. The heading to Section 143.030, Local Government
Code, is amended to read as follows:
Sec. 143.030. ELIGIBILITY FOR FIRE DEPARTMENT PROMOTION AND
PROMOTIONAL EXAMINATION.
SECTION 10. Section 143.030, Local Government Code, is
amended by amending Subsection (b) and adding Subsections (b-1),
(g), and (h) to read as follows:
(b) Except as provided by this section, Section 143.013, and
Section 143.102, a fire fighter is eligible for promotion if the
fire fighter has continuously held a position in the classification
that is immediately below, in salary, the classification for which
the examination is to be held for at least two years before the
examination date.
(b-1) Each promotional examination is open to each fire
fighter who is eligible under Subsection (b) [at any time has
continuously held for at least two years a position in the
classification that is immediately below, in salary, the
classification for which the examination is to be held].
(g) A fire fighter is not eligible for promotion to the rank
of captain or its equivalent unless the fire fighter has at least
four years of actual service in the fire department for which the
fire fighter would serve as that rank.
(h) If a fire fighter is recalled on active military duty
for not more than 60 months, the two-year service requirement under
Subsection (b) does not apply and the fire fighter is entitled to
have time spent on active military duty considered as duty in the
fire department.
SECTION 11. The heading to Section 143.031, Local
Government Code, is amended to read as follows:
Sec. 143.031. ELIGIBILITY FOR POLICE DEPARTMENT PROMOTION
AND PROMOTIONAL EXAMINATION.
SECTION 12. Section 143.031, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (a-1),
(d), (e), and (f) to read as follows:
(a) Except as provided by this section, Section 143.013, and
Section 143.102, a police officer is eligible for promotion if the
police officer has continuously held a position in the
classification that is immediately below, in salary, the
classification for which the examination is to be held for at least
two years before the examination date.
(a-1) Each promotional examination is open to each police
officer who is eligible under Subsection (a) [for at least two years
immediately before the examination date has continuously held a
position in the classification that is immediately below, in
salary, the classification for which the examination is to be
held].
(d) If a police officer is serving in a beginning position
in a police department, the two-year service period described by
Subsection (a) begins on completion of the police officer's
probationary period.
(e) If a police officer is recalled on active military duty
for not more than 60 months, the two-year service requirement under
Subsection (a) does not apply and the police officer is entitled to
have time spent on active military duty considered as duty in the
police department.
(f) A demoted police officer is not eligible for promotion
unless the police officer has served continuously in the next lower
position for at least two years after the demotion.
SECTION 13. Section 143.035(g), Local Government Code, is
amended to read as follows:
(g) The commission shall canvass the votes within 30 days
after the date the election is held. An appeal alleging election
irregularity must be filed with the commission within five business
[working] days after the date the election closes. If approved by
the sworn police officers, the promotional system amendment becomes
effective after all election disputes have been ruled on and the
election votes have been canvassed by the commission.
SECTION 14. Section 143.045(d), Local Government Code, is
amended to read as follows:
(d) To facilitate the settlement of the accounts of deceased
fire fighters and police officers, all unpaid compensation,
including all accumulated sick leave, due at the time of death to an
active fire fighter or police officer who dies as a result of a
line-of-duty injury or illness, shall be paid to the legal
beneficiary designated in writing by the fire fighter or police
officer, or, if no legal beneficiary is designated, the person
determined to be entitled to the payment under Title 2, Estates Code
[persons in the first applicable category of the following
prioritized list:
[(1) to the beneficiary or beneficiaries the fire
fighter or police officer designated in writing to receive the
compensation and filed with the commission before the person's
death;
[(2) to the fire fighter's or police officer's widow or
widower;
[(3) to the fire fighter's or police officer's child
or children and to the descendants of a deceased child, by
representation;
[(4) to the fire fighter's or police officer's parents
or to their survivors; or
[(5) to the properly appointed legal representative of
the fire fighter's or police officer's estate, or in the absence of
a representative, to the person determined to be entitled to the
payment under the state law of descent and distribution].
SECTION 15. Section 143.051, Local Government Code, is
amended to read as follows:
Sec. 143.051. CAUSE FOR REMOVAL OR SUSPENSION OF FIRE
FIGHTERS. A commission rule prescribing cause for removal or
suspension of a fire fighter [or police officer] is not valid unless
it involves one or more of the following grounds:
(1) conviction of a felony or other crime involving
moral turpitude;
(2) violations of a municipal charter provision;
(3) acts of incompetency;
(4) neglect of duty;
(5) discourtesy to the public or to a fellow employee
while the fire fighter [or police officer] is in the line of duty;
(6) acts showing lack of good moral character;
(7) drinking intoxicants while on duty or intoxication
while off duty;
(8) conduct prejudicial to good order;
(9) refusal or neglect to pay just debts;
(10) absence without leave;
(11) shirking duty or cowardice at fires, if
applicable; or
(12) violation of an applicable fire [or police]
department rule or special order.
SECTION 16. Subchapter D, Chapter 143, Local Government
Code, is amended by adding Section 143.0515 to read as follows:
Sec. 143.0515. CAUSE FOR REMOVAL, SUSPENSION, OR DEMOTION
OF POLICE OFFICERS. A commission rule prescribing cause for
removal, suspension, or demotion of a police officer is valid only
if it involves one or more of the following grounds:
(1) acts of incompetency, neglect, or failure to
perform a job function deemed essential to the position as set forth
in the police department's job description for the position;
(2) acts showing lack of good moral character,
including:
(A) discourtesy to the public or to a fellow
employee while the police officer is in the line of duty;
(B) intoxication while on duty or excessive
intoxication while off duty;
(C) conduct prejudicial to good order;
(D) refusal or neglect to pay just debts;
(E) absence without leave;
(F) excessive use of force; or
(G) making a false statement or substantive
omission during the employment application process, a police
department hearing, or a police department investigation;
(3) violation of a municipal charter provision;
(4) violation of an applicable police department rule
or special order;
(5) a plea of guilty, an adjudication of guilt, or a
verdict of guilty after a criminal trial of any felony offense or
any of the following misdemeanor offenses:
(A) an offense listed under Chapter 15, Penal
Code, that constitutes an attempt, conspiracy, or solicitation to
commit another offense under this subdivision;
(B) any offense listed under Chapter 21, Penal
Code (sexual offenses);
(C) any offense listed under Section 22.012,
Penal Code (indecent assault);
(D) any offense listed under Chapter 30, Penal
Code (burglary and criminal trespass);
(E) any offense listed under Chapter 31, Penal
Code (theft);
(F) any offense listed under Chapter 32, 35, or
35A, Penal Code (fraud);
(G) any offense listed under Chapter 36, Penal
Code (bribery and corrupt influence);
(H) any offense listed under Chapter 37, Penal
Code (perjury and other falsification);
(I) any offense listed under Chapter 39, Penal
Code (abuse of office);
(J) any offense listed under Chapter 43, Penal
Code (public indecency);
(K) any offense listed under Section 49.04,
49.05, or 49.06, Penal Code (intoxication offenses); or
(L) other misdemeanor crimes of moral turpitude;
or
(6) acts constituting an offense under Subdivision
(5), regardless of criminal prosecution, including any act in any
jurisdiction other than this state, which if committed in this
state would constitute such an offense unless a court has held the
offense as unconstitutional.
SECTION 17. The heading to Section 143.052, Local
Government Code, is amended to read as follows:
Sec. 143.052. DISCIPLINARY SUSPENSIONS OF FIRE FIGHTERS.
SECTION 18. Sections 143.052(b), (c), (d), (e), (f), (g),
and (h), Local Government Code, are amended to read as follows:
(b) The head of the fire [or police] department may suspend
a fire fighter [or police officer] under the department head's
supervision or jurisdiction for the violation of a civil service
rule. The suspension may be for a reasonable period not to exceed
15 calendar days or for an indefinite period. An indefinite
suspension is equivalent to dismissal from the department.
(c) If the department head suspends a fire fighter [or
police officer], the department head shall, within 120 hours after
the hour of suspension, file a written statement with the
commission giving the reasons for the suspension. The department
head shall immediately deliver a copy of the statement in person to
the suspended fire fighter [or police officer].
(d) The copy of the written statement must inform the
suspended fire fighter [or police officer] that if the fire fighter
[person] wants to appeal to the commission, the fire fighter
[person] must file a written appeal with the commission within 10
business days after the date the fire fighter [person] receives the
copy of the statement.
(e) The written statement filed by the department head with
the commission must point out each civil service rule alleged to
have been violated by the suspended fire fighter [or police
officer] and must describe the alleged acts of the fire fighter
[person] that the department head contends are in violation of the
civil service rules. It is not sufficient for the department head
merely to refer to the provisions of the rules alleged to have been
violated.
(f) If the department head does not specifically point out
in the written statement the act or acts of the fire fighter [or
police officer] that allegedly violated the civil service rules,
the commission shall promptly reinstate the fire fighter [person].
(g) If offered by the department head, the fire fighter [or
police officer] may agree in writing to voluntarily accept, with no
right of appeal, a suspension of 16 to 90 calendar days for the
violation of a civil service rule. The fire fighter [or police
officer] must accept the offer within five business [working] days
after the date the offer is made. If the fire fighter [person]
refuses the offer and wants to appeal to the commission, the fire
fighter [person] must file a written appeal with the commission
within 15 business days after the date the fire fighter [person]
receives the copy of the written statement of suspension.
(h) In the original written statement and charges and in any
hearing conducted under this chapter, the department head may not
complain of an act that occurred earlier than the 180th day
preceding the date the department head suspends the fire fighter
[or police officer]. If the act is allegedly related to criminal
activity including the violation of a federal, state, or local law
for which the fire fighter [or police officer] is subject to a
criminal penalty, the department head may not complain of an act
that is discovered earlier than the 180th day preceding the date the
department head suspends the fire fighter [or police officer]. The
department head must allege that the act complained of is related to
criminal activity.
SECTION 19. Subchapter D, Chapter 143, Local Government
Code, is amended by adding Section 143.0525 to read as follows:
Sec. 143.0525. DISCIPLINARY SUSPENSIONS AND DEMOTIONS OF
POLICE OFFICERS. (a) This section does not apply to a municipality
with a population of 1.5 million or more.
(b) For purposes of this section, "civil service rule"
includes the underlying grounds described by Section 143.0515.
(c) If the head of a police department determines that a
police officer under the department head's supervision or
jurisdiction violated a civil service rule, the department head
may:
(1) suspend the police officer for a period not to
exceed 15 calendar days;
(2) suspend the police officer indefinitely, which is
equivalent to dismissal from the department; or
(3) recommend to the commission to demote the police
officer to any lower rank in the classified civil service.
(d) If the department head suspends or recommends to demote
a police officer under this section, the department head shall,
within five business days after the date of suspension or
recommended demotion, file a written statement with the commission.
The written statement must identify each civil service rule alleged
to have been violated by the police officer and describe the alleged
acts of the police officer that the department head contends are in
violation of the civil service rules. It is not sufficient for the
department head merely to refer to the provisions of the rules
alleged to have been violated.
(e) The department head shall deliver a copy of the
statement in person or by certified mail to the police officer
within five business days after the date the department head
suspends or recommends demotion of the police officer. The copy
must inform the police officer of the police officer's right to
appeal under Section 143.0535.
(f) A suspension under this section goes into effect
immediately.
(g) A recommended demotion under this section goes into
effect if the commission grants the request of the department head.
If the police officer exercises the police officer's right to
appeal under Section 143.0535, the commission may not grant the
demotion request until the appeal process is complete.
(h) In the original written statement and charges and in any
hearing conducted under this chapter, the department head may not
complain of an act that was discovered by the department before the
360th day preceding the date the department head suspends or
recommends demotion of the police officer.
SECTION 20. The heading to Section 143.053, Local
Government Code, is amended to read as follows:
Sec. 143.053. APPEAL OF DISCIPLINARY SUSPENSION OF FIRE
FIGHTERS.
SECTION 21. Section 143.053, Local Government Code, is
amended by amending Subsections (b), (e), (f), and (g) and adding
Subsection (f-1) to read as follows:
(b) If a suspended fire fighter [or police officer] appeals
the suspension to the commission, the commission shall hold a
hearing and render a decision in writing within 30 days after the
date it receives notice of appeal. The suspended fire fighter
[person] and the commission may agree to postpone the hearing for a
definite period.
(e) In its decision, the commission shall state whether the
suspended fire fighter [or police officer] is:
(1) permanently dismissed from the fire [or police]
department;
(2) temporarily suspended from the department; or
(3) restored to the fire fighter's [person's] former
position or status in the department's classified service.
(f) If the commission finds that the period of disciplinary
suspension should be reduced, the commission may order a reduction
in the period of suspension. If the suspended fire fighter [or
police officer] is restored to the position or class of service from
which the person was suspended, the fire fighter [or police
officer] is entitled to:
(1) full compensation for the actual time lost as a
result of the suspension at the rate of pay provided for the
position or class of service from which the fire fighter [person]
was suspended; and
(2) restoration of or credit for any other benefits
lost as a result of the suspension in accordance with Subsection
(f-1), including sick leave, vacation leave, and service credit in
a retirement system.
(f-1) Standard payroll deductions, if any, for retirement
and other benefits restored shall be made from the compensation
paid under Subsection (f)(1), and the municipality shall make its
standard corresponding contributions, if any, to the retirement
system or other applicable benefit systems.
(g) The commission may suspend or dismiss a fire fighter [or
police officer] only for violation of civil service rules and only
after a finding by the commission of the truth of specific charges
against the fire fighter [or police officer].
SECTION 22. Subchapter D, Chapter 143, Local Government
Code, is amended by adding Section 143.0535 to read as follows:
Sec. 143.0535. APPEALS AND REJECTIONS OF DISCIPLINARY
SUSPENSIONS AND DEMOTIONS OF POLICE OFFICERS. (a) This section
does not apply to a municipality with a population of 1.5 million or
more.
(b) For purposes of this section, "civil service rule"
includes the underlying grounds described by Section 143.0515.
(c) A police officer has the right to appeal a suspension or
recommended demotion made under Section 143.0525 unless:
(1) offered by the department head, the police officer
agrees in writing to voluntarily accept a demotion or suspension of
up to 90 calendar days; or
(2) the department head is requesting to demote a
police officer who has been promoted in the last six months to the
police officer's previous civil service rank on the grounds
described by Section 143.0515(1) relating to the new position.
(d) Regardless of whether the police officer files an appeal
or has the right to appeal, the commission shall reject a suspension
or recommended demotion under this section and immediately
reinstate the police officer if the commission finds that the
department head did not fulfill the requirements of Section
143.0525(d).
(e) An appeal to the commission by a police officer under
this section must be filed with the commission within 10 business
days after the date the police officer receives the copy of the
statement in accordance with Section 143.0525(e).
(f) The commission shall hold a full and complete hearing
and render a decision in writing within 30 calendar days after the
date the commission receives notice of the appeal. The police
officer and commission may agree to postpone the hearing for a
definite period.
(g) In a hearing conducted under this section, the
department head is restricted to:
(1) the department head's unamended original written
statement and charges; and
(2) additional facts that become known to the
department head after the time of the suspension or recommended
demotion.
(h) The department head shall provide the additional facts
described by Subsection (g)(2) to:
(1) the appellant at least five business days before
the date set for hearing; and
(2) the commission.
(i) The commission may deliberate the decision in closed
session but may not consider evidence that was not presented at the
hearing. The commission shall vote in open session.
(j) The commission may suspend, dismiss, or demote a police
officer only for violation of civil service rules and only after a
finding by the commission of the truth of the specific charges
against the police officer.
(k) In the commission's decision, the commission shall
state whether the police officer is:
(1) permanently dismissed from the police department;
(2) temporarily suspended from the police department
for a definite period;
(3) demoted to the position requested by the
department head;
(4) demoted to a position between the police officer's
current position and the position requested by the department head;
or
(5) restored to the police officer's former position
or status in the police department's classified service.
(l) If the suspended police officer is restored to the
position or class of service from which the police officer was
suspended, the police officer is entitled to:
(1) full compensation for the actual time lost as a
result of the suspension at the rate of pay provided for the
position or class of service from which the police officer was
suspended; and
(2) restoration of or credit for any other benefits
lost as a result of the suspension in accordance with Subsection
(m), including sick leave, vacation leave, and service credit in a
retirement system.
(m) Standard payroll deductions, if any, for retirement and
other benefits restored under Subsection (l)(2) must be made from
the compensation paid, and the municipality shall make its standard
corresponding contributions, if any, to the retirement system or
other applicable benefit systems.
(n) A decision by the commission to suspend a police officer
for not more than 15 calendar days is final and may not be appealed
under Section 143.015.
(o) Except as otherwise provided by this section, an appeal
under this section shall follow the procedures prescribed by
Section 143.010.
SECTION 23. The heading to Section 143.054, Local
Government Code, is amended to read as follows:
Sec. 143.054. DEMOTIONS OF FIRE FIGHTERS AND CERTAIN POLICE
OFFICERS.
SECTION 24. Section 143.054, Local Government Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(a-1) to read as follows:
(a) This section does not apply to a police department in a
municipality with a population of less than 1.5 million.
(a-1) If the head of the fire or police department wants a
fire fighter or police officer under the department head's [his]
supervision or jurisdiction to be involuntarily demoted, the
department head may recommend in writing to the commission that the
commission demote the fire fighter or police officer.
(c) The commission may refuse to grant the request for
demotion. 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 business day
before the date the hearing will be held.
SECTION 25. Section 143.056, Local Government Code, is
amended by amending Subsections (c) and (h) and adding Subsections
(c-1) and (i) to read as follows:
(c) If the action directly related to the felony indictment
or misdemeanor complaint against a fire fighter occurred or was
discovered on or after the 180th day before the date of the
indictment or complaint, the department head may, within 30 days
after the date of final disposition of the indictment or complaint,
bring a charge against the fire fighter [or police officer] for a
violation of civil service rules.
(c-1) If the action directly related to the felony
indictment or misdemeanor complaint against a police officer was
discovered on or after the 360th day before the date of the
indictment or complaint, the department head may, within 30 days
after the date of final disposition of the indictment or complaint,
bring a charge against the police officer for a violation of civil
service rules.
(h) The department head may order an indefinite suspension
of a fire fighter based on an act classified as a felony or a Class A
or B misdemeanor after the 180-day period following the date of the
discovery of the act by the department if the department head
considers delay to be necessary to protect a criminal investigation
of the fire fighter's [person's] conduct. If the department head
intends to order an indefinite suspension of the fire fighter after
the 180-day period, the department head must file with the attorney
general a statement describing the criminal investigation and its
objectives within 180 days after the date the act complained of
occurred.
(i) The department head may order an indefinite suspension
of a police officer based on an act classified as a felony or a Class
A or B misdemeanor after the 360-day period following the date of
the discovery of the act by the department if the department head
considers the delay to be necessary to protect a criminal
investigation of the police officer's conduct. If the department
head intends to order an indefinite suspension of the police
officer after the 360-day period, the department head must file
with the attorney general a statement describing the criminal
investigation and its objectives within 360 days after the date of
the discovery of the act by the department.
SECTION 26. The heading to Section 143.057, Local
Government Code, is amended to read as follows:
Sec. 143.057. FIRE FIGHTER APPEAL TO HEARING EXAMINER
[EXAMINERS].
SECTION 27. Sections 143.057(a), (b), (c), (d), (e), (i),
and (j), Local Government Code, are amended to read as follows:
(a) In addition to the other notice requirements prescribed
by this chapter, the written notice for a promotional bypass or the
letter of disciplinary action, as applicable, issued to a fire
fighter [or police officer] must state that in an appeal of an
indefinite suspension, a suspension, a promotional bypass, or a
recommended demotion, the appealing fire fighter [or police
officer] may elect to appeal to an independent third party hearing
examiner instead of to the commission. The letter must also state
that if the fire fighter [or police officer] elects to appeal to a
hearing examiner, the fire fighter [person] waives all rights to
appeal to a district court except as provided by Subsection (j).
(b) To exercise the choice of appealing to a hearing
examiner, the appealing fire fighter [or police officer] must
submit to the director a written request as part of the original
notice of appeal required under this chapter stating the fire
fighter's [person's] decision to appeal to an independent third
party hearing examiner.
(c) The hearing examiner's decision is final and binding on
all parties. If the fire fighter [or police officer] decides to
appeal to an independent third party hearing examiner, the fire
fighter [person] automatically waives all rights to appeal to a
district court except as provided by Subsection (j).
(d) If the appealing fire fighter [or police officer]
chooses to appeal to a hearing examiner, the fire fighter [or police
officer] and the department head, or their designees, shall first
attempt to agree on the selection of an impartial hearing examiner.
If the parties do not agree on the selection of a hearing examiner
on or within 10 business days after the date the appeal is filed,
the director shall immediately request a list of seven qualified
neutral arbitrators from the American Arbitration Association or
the Federal Mediation and Conciliation Service, or their successors
in function. The fire fighter [or police officer] and the
department head, or their designees, may agree on one of the seven
neutral arbitrators on the list. If they do not agree within five
business [working] days after the date they received the list, each
party or the party's designee shall alternate striking a name from
the list and the name remaining is the hearing examiner. The
parties or their designees shall agree on a date for the hearing.
(e) The appeal hearing shall begin as soon as the hearing
examiner can be scheduled. If the hearing examiner cannot begin the
hearing within 45 calendar days after the date of selection, the
fire fighter [or police officer] may, within two business days
after learning of that fact, call for the selection of a new hearing
examiner using the procedure prescribed by Subsection (d).
(i) The hearing examiner's fees and expenses are shared
equally by the appealing fire fighter [or police officer] and by the
department. The costs of a witness are paid by the party who calls
the witness.
(j) A district court may hear an appeal of a hearing
examiner's award only on the grounds that the arbitration panel was
without jurisdiction or exceeded its jurisdiction or that the order
was procured by fraud, collusion, or other unlawful means. An
appeal must be brought in the district court having jurisdiction in
the municipality in which the fire [or police] department is
located.
SECTION 28. The heading to Section 143.083, Local
Government Code, is amended to read as follows:
Sec. 143.083. EMERGENCY APPOINTMENT OF TEMPORARY FIRE
FIGHTERS [AND POLICE OFFICERS].
SECTION 29. Section 143.083(a), Local Government Code, is
amended to read as follows:
(a) If a municipality is unable to recruit qualified fire
fighters [or police officers] because of the maximum age limit
prescribed by Section 143.023 and the municipality's governing body
finds that this inability creates an emergency, the commission
shall recommend to the governing body additional rules governing
the temporary employment of fire fighters [persons] who are 36
years of age or older.
SECTION 30. Section 143.089(f), Local Government Code, is
amended to read as follows:
(f) The director or the director's designee may not release
any information contained in a fire fighter's or police officer's
personnel file without first obtaining the person's written
permission, unless the release of the information is:
(1) required by law; or
(2) requested by a local, state, or federal law
enforcement agency conducting a criminal history check on a current
or former police officer.
SECTION 31. The following provisions of the Local
Government Code are repealed:
(1) Section 143.009(e);
(2) Section 143.023(c);
(3) Section 143.028; and
(4) Section 143.045(e).
SECTION 32. Chapter 143, Local Government Code, as amended
by this Act, applies only in relation to an employment action taken
on or after the effective date of this Act. An employment action
taken before the effective date of this Act is governed by the law
in effect on the date the employment action was taken, and that law
continues in effect for that purpose.
SECTION 33. Section 143.016, Local Government Code, as
amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 34. This Act takes effect September 1, 2021.