Texas 2021 - 87th Regular

Texas Senate Bill SB1819 Compare Versions

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

Old	New	Differences
1	1	87R5421 MAW/JCG-F
2	2	By: Bettencourt S.B. No. 1819
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures for and the consequences of the dishonorable
8	8	discharge of certain peace officers; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 810, Government Code, is amended by
11	11	adding Section 810.005 to read as follows:
12	12	Sec. 810.005. CERTAIN PEACE OFFICERS INELIGIBLE FOR
13	13	RETIREMENT ANNUITY. (a) In this section:
14	14	(1) "Dishonorably discharged peace officer" means a
15	15	peace officer who is reported as dishonorably discharged in a
16	16	report required by Section 1701.452, Occupations Code.
17	17	(2) "Governing body of a public retirement system" and
18	18	"public retirement system" have the meanings assigned by Section
19	19	802.001.
20	20	(3) "Governmental entity" means a unit of government
21	21	that is the employer of active members of a public retirement
22	22	system.
23	23	(4) "Peace officer" means a person who is elected,
24	24	appointed, or employed as a peace officer under Article 2.12, Code
25	25	of Criminal Procedure, Section 37.081 or 51.203, Education Code, or
26	26	other law.
27	27	(b) In accordance with Section 66, Article XVI, Texas
28	28	Constitution, and to the extent a public retirement system may
29	29	implement this section and remain a qualified plan under Section
30	30	401(a), Internal Revenue Code of 1986 (26 U.S.C. Section 401), this
31	31	section applies to a public retirement system with a member or
32	32	annuitant who holds a position as a peace officer with the
33	33	associated governmental entity of the system.
34	34	(c) Except as provided by Subsection (d), a member or
35	35	annuitant of a public retirement system is not eligible to receive a
36	36	service retirement annuity under the retirement system if the
37	37	person is a dishonorably discharged peace officer.
38	38	(d) A public retirement system, on receipt of a notice under
39	39	Subsection (i), shall suspend payments of a service retirement
40	40	annuity to a person the system determines is ineligible to receive
41	41	the annuity under Subsection (c). A person who is determined
42	42	ineligible to receive an annuity under Subsection (c) who, in an
43	43	administrative or judicial proceeding, subsequently prevails in
44	44	contesting the information in the report resulting in the report no
45	45	longer reflecting that the person is dishonorably discharged:
46	46	(1) is entitled to receive an amount equal to the
47	47	accrued total of payments and interest earned on the payments
48	48	withheld during the suspension period; and
49	49	(2) may resume receipt of annuity payments on payment
50	50	to the retirement system of an amount equal to the contributions
51	51	refunded to the person under Subsection (e).
52	52	(e) A person who is ineligible to receive a service
53	53	retirement annuity under Subsection (c) is entitled to a refund of
54	54	the person's service retirement annuity contributions, including
55	55	interest earned on those contributions. A refund under this
56	56	subsection is subject to an award of all or part of the person's
57	57	service retirement annuity contributions to a former spouse,
58	58	including as a just and right division of the contributions on
59	59	divorce, payment of child support, or payment of spousal
60	60	maintenance or contractual alimony or other order of a court.
61	61	(f) On petition by the spouse of a person who forfeits a
62	62	service retirement annuity under this section:
63	63	(1) a court may make a just and right division of the
64	64	person's service retirement annuity by awarding to the person's
65	65	spouse all or part of the community property interest in the annuity
66	66	forfeited by the person; and
67	67	(2) a court shall, if the person's service retirement
68	68	annuity was partitioned or exchanged by written agreement of the
69	69	spouses as provided by Subchapter B, Chapter 4, Family Code, before
70	70	the person was dishonorably discharged, award the annuity forfeited
71	71	by the person to the person's spouse as provided in the agreement.
72	72	(g) Ineligibility for a service retirement annuity under
73	73	this section does not impair a person's right to any other
74	74	retirement benefit for which the person is eligible.
75	75	(h) The governing body of a public retirement system shall
76	76	adopt rules and procedures to implement this section.
77	77	(i) A governmental entity shall notify the appropriate
78	78	public retirement system if a person employed by the governmental
79	79	entity as a peace officer is dishonorably discharged.
80	80	SECTION 2. Section 87.031(c), Local Government Code, is
81	81	amended to read as follows:
82	82	(c) For purposes of Subsection (a), "a misdemeanor
83	83	involving official misconduct" includes a misdemeanor under:
84	84	(1) Section 1701.452(h), Occupations Code; or
85	85	(2) Section 39.07, Penal Code.
86	86	SECTION 3. Subchapter G, Chapter 1701, Occupations Code, is
87	87	amended by adding Section 1701.3111 to read as follows:
88	88	Sec. 1701.3111. DISQUALIFICATION: DISHONORABLE DISCHARGE.
89	89	A person whose license has been revoked under Section 1701.4521 is
90	90	disqualified to be an officer and the commission may not issue a
91	91	license to the person.
92	92	SECTION 4. The heading to Section 1701.452, Occupations
93	93	Code, is amended to read as follows:
94	94	Sec. 1701.452. EMPLOYMENT TERMINATION REPORT; OFFENSE.
95	95	SECTION 5. Section 1701.452, Occupations Code, is amended
96	96	by amending Subsection (b) and adding Subsections (b-1) and (h) to
97	97	read as follows:
98	98	(b) The head of a law enforcement agency or the head's
99	99	designee shall include in the report required under Subsection (a)
100	100	a statement on whether the license holder was honorably discharged,
101	101	generally discharged, or dishonorably discharged and, for a license
102	102	holder who was generally discharged or dishonorably discharged [as
103	103	required by the commission], an explanation of the circumstances
104	104	under which the person resigned, retired, or was terminated,
105	105	including a description of any disciplinary or performance issues
106	106	for which the person was discharged.
107	107	(b-1) For purposes of this section [subsection]:
108	108	(1) "Honorably discharged" means a license holder who,
109	109	while in good standing and not because of pending or final
110	110	disciplinary actions or a documented performance problem, retired,
111	111	resigned, or separated from employment with or died while employed
112	112	by a law enforcement agency.
113	113	(2) "Generally discharged" means a license holder who:
114	114	(A) was terminated by, retired or resigned from,
115	115	or died while in the employ of a law enforcement agency and the
116	116	separation was related to a disciplinary investigation of conduct
117	117	that is not included in the definition of dishonorably discharged;
118	118	or
119	119	(B) was terminated by or retired or resigned from
120	120	a law enforcement agency and the separation was for a documented
121	121	performance problem and was not because of a reduction in workforce
122	122	or an at-will employment decision.
123	123	(3) "Dishonorably discharged" means a license holder
124	124	who:
125	125	(A) was terminated by a law enforcement agency or
126	126	retired or resigned in lieu of termination by the agency in relation
127	127	to allegations of criminal misconduct; [or]
128	128	(B) was terminated by a law enforcement agency or
129	129	retired or resigned in lieu of termination by the agency for
130	130	insubordination or untruthfulness; or
131	131	(C) was terminated by a law enforcement agency or
132	132	retired or resigned in lieu of termination by the agency:
133	133	(i) after receiving notice from the
134	134	attorney representing the state that the attorney will no longer
135	135	accept cases submitted for prosecution by the license holder due to
136	136	conduct by the license holder that would be required to be disclosed
137	137	to a defendant under Article 39.14, Code of Criminal Procedure, or
138	138	the Texas Disciplinary Rules of Professional Conduct; or
139	139	(ii) for engaging in conduct that would
140	140	constitute grounds for the attorney representing the state to
141	141	provide a notice described by Subparagraph (i).
142	142	(h) A person required to submit a report under Subsection
143	143	(a) commits an offense if the person, with respect to a license
144	144	holder whose separation is described by Subsection (b-1)(2) or (3),
145	145	knowingly submits a report that does not indicate that the license
146	146	holder was generally discharged or dishonorably discharged, as
147	147	applicable, in the statement required by Subsection (b). An
148	148	offense under this subsection is a Class B misdemeanor.
149	149	SECTION 6. Section 1701.4521, Occupations Code, is amended
150	150	to read as follows:
151	151	Sec. 1701.4521. LICENSE REVOCATION [SUSPENSION] FOR
152	152	OFFICER DISHONORABLY DISCHARGED. (a) The commission shall suspend
153	153	the license of an officer licensed under this chapter on
154	154	notification that the officer has been dishonorably discharged [if
155	155	the officer has previously been dishonorably discharged from
156	156	another law enforcement agency].
157	157	(b) An officer whose license is suspended under this section
158	158	may appeal the suspension in writing to the commission not later
159	159	than the 30th day after the date the officer is suspended.
160	160	(c) The [After a] commission shall [determination, the
161	161	commission may] revoke [or reinstate] the officer's license if the
162	162	commission determines, after the hearing, that the officer was
163	163	dishonorably discharged [in accordance with rules or procedures
164	164	adopted by the commission under this chapter related to revocation
165	165	or reinstatement of a license].
166	166	(c-1) The commission shall revoke the officer's license if
167	167	the officer does not appeal the suspension before the 30th day after
168	168	the date the officer is suspended.
169	169	(d) The commission's decision does not affect:
170	170	(1) the employment relationship between an officer
171	171	licensed under this chapter and a law enforcement agency; or
172	172	(2) any disciplinary action taken against an officer
173	173	licensed under this chapter by a law enforcement agency.
174	174	(e) A hearing under this section is a contested case under
175	175	Chapter 2001, Government Code.
176	176	SECTION 7. Section 1701.453, Occupations Code, is amended
177	177	to read as follows:
178	178	Sec. 1701.453. MAINTENANCE OF REPORTS AND STATEMENTS. (a) A
179	179	law enforcement agency shall maintain a complete and unredacted
180	180	copy of each report and statement submitted to the commission under
181	181	this subchapter regarding a license holder who was generally
182	182	discharged or dishonorably discharged, as those terms are defined
183	183	by Section 1701.452(b-1), until at least the 20th anniversary of
184	184	the date of the discharge.
185	185	(b) The commission shall maintain a copy of each report and
186	186	statement submitted to the commission under this subchapter until
187	187	at least the 10th anniversary of the date on which the report or
188	188	statement is submitted.
189	189	SECTION 8. Section 1701.454(a), Occupations Code, is
190	190	amended to read as follows:
191	191	(a) All information submitted to the commission under this
192	192	subchapter is confidential and is not subject to disclosure under
193	193	Chapter 552, Government Code, unless the person was generally
194	194	discharged or dishonorably discharged, as those terms are defined
195	195	by Section 1701.452(b-1) [resigned or was terminated due to
196	196	substantiated incidents of excessive force or violations of the law
197	197	other than traffic offenses].
198	198	SECTION 9. Section 1701.456, Occupations Code, is amended
199	199	by amending Subsection (b) and adding Subsection (c) to read as
200	200	follows:
201	201	(b) A law enforcement agency, agency head, or other law
202	202	enforcement official, or the political subdivision served by the
203	203	agency, is not liable for civil damages for a report made by that
204	204	agency or person if the report is made in good faith.
205	205	(c) An attorney representing the state, the office of the
206	206	attorney representing the state, or the political subdivision
207	207	served by the attorney is not liable for civil damages for a notice
208	208	described by Section 1701.452(b-1)(3)(C)(i) if the notice was
209	209	provided by the attorney representing the state in good faith.
210	210	SECTION 10. Not later than December 1, 2021, the Texas
211	211	Commission on Law Enforcement shall update the form for an
212	212	employment termination report as necessary to comply with Section
213	213	1701.452, Occupations Code, as amended by this Act.
214	214	SECTION 11. The changes in law made by this Act apply only
215	215	to a report required to be submitted under Section 1701.452,
216	216	Occupations Code, as amended by this Act, regarding a resignation,
217	217	retirement, termination, or separation of a license holder that
218	218	occurs on or after December 1, 2021. A resignation, retirement,
219	219	termination, or separation that occurs before December 1, 2021, is
220	220	governed by the law in effect immediately before the effective date
221	221	of this Act, and the former law is continued in effect for that
222	222	purpose.
223	223	SECTION 12. This Act takes effect September 1, 2021.