| 1 | 1 | | 87R1645 SMT-F |
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| 2 | 2 | | By: Johnson S.B. No. 333 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the disciplinary suspension of police officers in |
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| 8 | 8 | | certain municipalities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 142.067, Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. |
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| 13 | 13 | | (a) Except as provided by Subsection (b), a [A] written meet and |
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| 14 | 14 | | confer agreement ratified under this subchapter preempts, during |
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| 15 | 15 | | the term of the agreement and to the extent of any conflict, all |
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| 16 | 16 | | contrary state statutes, local ordinances, executive orders, civil |
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| 17 | 17 | | service provisions, or rules adopted by the head of the law |
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| 18 | 18 | | enforcement agency or municipality or by a division or agent of the |
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| 19 | 19 | | municipality, such as a personnel board or a civil service |
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| 20 | 20 | | commission. |
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| 21 | 21 | | (b) A meet and confer agreement between a municipality or a |
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| 22 | 22 | | law enforcement agency of a municipality and a police officers |
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| 23 | 23 | | association under this subchapter may not conflict with and does |
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| 24 | 24 | | not supersede Section 143.052(b-1) or (i), 143.056(a-1), (c-1), or |
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| 25 | 25 | | (i), 143.1017(a-1), (c-1), or (i), 143.117(a-1), (b-1), or (d-1), |
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| 26 | 26 | | or 143.119(a-1) or (h) if the municipality has adopted Chapter 143. |
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| 27 | 27 | | SECTION 2. Section 143.052, Local Government Code, is |
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| 28 | 28 | | amended by adding Subsections (b-1) and (i) and amending Subsection |
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| 29 | 29 | | (h) to read as follows: |
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| 30 | 30 | | (b-1) The department head of a police department may not |
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| 31 | 31 | | suspend a police officer under this section for an act that occurred |
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| 32 | 32 | | earlier than the 730th day before the date the officer is suspended. |
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| 33 | 33 | | (h) In the original written statement and charges and in any |
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| 34 | 34 | | hearing conducted under this chapter involving a fire fighter, the |
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| 35 | 35 | | department head may not complain of an act that occurred earlier |
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| 36 | 36 | | than the 180th day preceding the date the department head suspends |
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| 37 | 37 | | the fire fighter [or police officer]. If the act is allegedly |
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| 38 | 38 | | related to criminal activity including the violation of a federal, |
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| 39 | 39 | | state, or local law for which the fire fighter [or police officer] |
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| 40 | 40 | | is subject to a criminal penalty, the department head may not |
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| 41 | 41 | | complain of an act that is discovered earlier than the 180th day |
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| 42 | 42 | | preceding the date the department head suspends the fire fighter |
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| 43 | 43 | | [or police officer]. The department head must allege that the act |
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| 44 | 44 | | complained of is related to criminal activity. |
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| 45 | 45 | | (i) Subject to Subsection (b-1), in the original written |
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| 46 | 46 | | statement and charges and in any hearing conducted under this |
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| 47 | 47 | | chapter involving a police officer, the department head may not |
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| 48 | 48 | | complain of an act that is discovered earlier than the 360th day |
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| 49 | 49 | | preceding the date the department head suspends the police officer. |
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| 50 | 50 | | The department head must allege that the act complained of is |
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| 51 | 51 | | related to criminal activity. The department head is not required |
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| 52 | 52 | | to prove that the police officer: |
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| 53 | 53 | | (1) had the culpable mental state for the alleged |
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| 54 | 54 | | criminal activity; or |
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| 55 | 55 | | (2) committed the alleged criminal activity beyond a |
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| 56 | 56 | | reasonable doubt. |
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| 57 | 57 | | SECTION 3. Section 143.056, Local Government Code, is |
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| 58 | 58 | | amended by adding Subsections (a-1), (c-1), and (i) and amending |
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| 59 | 59 | | Subsections (c) and (h) to read as follows: |
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| 60 | 60 | | (a-1) The department head of a police department may not |
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| 61 | 61 | | suspend a police officer under this section for an act directly |
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| 62 | 62 | | related to a felony indictment or misdemeanor complaint that |
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| 63 | 63 | | occurred earlier than the 730th day before the date the officer is |
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| 64 | 64 | | suspended. |
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| 65 | 65 | | (c) If the action directly related to the felony indictment |
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| 66 | 66 | | or misdemeanor complaint against a fire fighter occurred or was |
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| 67 | 67 | | discovered on or after the 180th day before the date of the |
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| 68 | 68 | | indictment or complaint, the department head may, within 30 days |
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| 69 | 69 | | after the date of final disposition of the indictment or complaint, |
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| 70 | 70 | | bring a charge against the fire fighter [or police officer] for a |
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| 71 | 71 | | violation of civil service rules. |
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| 72 | 72 | | (c-1) Subject to Subsection (a-1), if the action directly |
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| 73 | 73 | | related to the felony indictment or misdemeanor complaint against a |
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| 74 | 74 | | police officer was discovered on or after the 360th day before the |
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| 75 | 75 | | date of the indictment or complaint, the department head may, |
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| 76 | 76 | | within 30 days after the date of final disposition of the indictment |
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| 77 | 77 | | or complaint, bring a charge against the police officer for a |
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| 78 | 78 | | violation of civil service rules. |
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| 79 | 79 | | (h) The department head may order an indefinite suspension |
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| 80 | 80 | | of a fire fighter based on an act classified as a felony or a Class A |
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| 81 | 81 | | or B misdemeanor after the 180-day period following the date of the |
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| 82 | 82 | | discovery of the act by the department if the department head |
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| 83 | 83 | | considers delay to be necessary to protect a criminal investigation |
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| 84 | 84 | | of the fire fighter's [person's] conduct. If the department head |
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| 85 | 85 | | intends to order an indefinite suspension of the fire fighter after |
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| 86 | 86 | | the 180-day period, the department head must file with the attorney |
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| 87 | 87 | | general a statement describing the criminal investigation and its |
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| 88 | 88 | | objectives within 180 days after the date the act complained of |
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| 89 | 89 | | occurred. |
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| 90 | 90 | | (i) Subject to Subsection (a-1), the department head may |
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| 91 | 91 | | order an indefinite suspension of a police officer based on an act |
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| 92 | 92 | | classified as a felony or a Class A or B misdemeanor after the |
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| 93 | 93 | | 360-day period following the date of the discovery of the act by the |
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| 94 | 94 | | department if the department head considers delay to be necessary |
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| 95 | 95 | | to protect a criminal investigation of the police officer's |
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| 96 | 96 | | conduct. If the department head intends to order an indefinite |
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| 97 | 97 | | suspension of the police officer after the 360-day period, the |
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| 98 | 98 | | department head must file with the attorney general a statement |
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| 99 | 99 | | describing the criminal investigation and its objectives within 360 |
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| 100 | 100 | | days after the date of the discovery of the act by the department. |
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| 101 | 101 | | SECTION 4. Section 143.1017, Local Government Code, is |
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| 102 | 102 | | amended by adding Subsections (a-1), (c-1), and (i) and amending |
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| 103 | 103 | | Subsections (c) and (h) to read as follows: |
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| 104 | 104 | | (a-1) The department head of a police department may not |
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| 105 | 105 | | suspend a police officer under this section for an act directly |
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| 106 | 106 | | related to a felony indictment or misdemeanor complaint that |
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| 107 | 107 | | occurred earlier than the 730th day before the date the officer is |
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| 108 | 108 | | suspended. |
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| 109 | 109 | | (c) If the action directly related to the felony indictment |
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| 110 | 110 | | or misdemeanor complaint against a fire fighter occurred or was |
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| 111 | 111 | | discovered on or after the 180th day before the date of the |
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| 112 | 112 | | indictment or complaint, the department head may, within 60 days |
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| 113 | 113 | | after the date of final disposition of the indictment or complaint, |
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| 114 | 114 | | bring a charge against the fire fighter [or police officer] for a |
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| 115 | 115 | | violation of civil service rules. |
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| 116 | 116 | | (c-1) Subject to Subsection (a-1), if the action directly |
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| 117 | 117 | | related to the felony indictment or misdemeanor complaint against a |
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| 118 | 118 | | police officer was discovered on or after the 360th day before the |
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| 119 | 119 | | date of the indictment or complaint, the department head may, |
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| 120 | 120 | | within 60 days after the date of final disposition of the indictment |
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| 121 | 121 | | or complaint, bring a charge against the police officer for a |
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| 122 | 122 | | violation of civil service rules. |
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| 123 | 123 | | (h) The department head may order an indefinite suspension |
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| 124 | 124 | | of a fire fighter based on an act classified as a felony or any other |
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| 125 | 125 | | crime involving moral turpitude after the 180-day period following |
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| 126 | 126 | | the date of the discovery of the act by the department if the |
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| 127 | 127 | | department head considers delay to be necessary to protect a |
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| 128 | 128 | | criminal investigation of the person's conduct. If the department |
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| 129 | 129 | | head intends to order an indefinite suspension of the fire fighter |
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| 130 | 130 | | after the 180-day period, the department head must file with the |
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| 131 | 131 | | attorney general a statement describing the criminal investigation |
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| 132 | 132 | | and its objectives within 180 days after the date the act complained |
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| 133 | 133 | | of occurred. |
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| 134 | 134 | | (i) Subject to Subsection (a-1), the department head may |
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| 135 | 135 | | order an indefinite suspension of a police officer based on an act |
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| 136 | 136 | | classified as a felony or any other crime involving moral turpitude |
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| 137 | 137 | | after the 360-day period following the date of the discovery of the |
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| 138 | 138 | | act by the department if the department head considers delay to be |
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| 139 | 139 | | necessary to protect a criminal investigation of the person's |
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| 140 | 140 | | conduct. If the department head intends to order an indefinite |
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| 141 | 141 | | suspension of the police officer after the 360-day period, the |
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| 142 | 142 | | department head must file with the attorney general a statement |
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| 143 | 143 | | describing the criminal investigation and its objectives within 360 |
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| 144 | 144 | | days after the date of the discovery of the act by the department. |
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| 145 | 145 | | SECTION 5. Section 143.117, Local Government Code, is |
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| 146 | 146 | | amended by adding Subsections (a-1), (b-1), and (d-1) and amending |
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| 147 | 147 | | Subsections (b) and (d) to read as follows: |
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| 148 | 148 | | (a-1) The department head of a police department may not |
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| 149 | 149 | | suspend a police officer under this section for an act that occurred |
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| 150 | 150 | | earlier than the 730th day before the date the officer is suspended. |
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| 151 | 151 | | (b) The department head may suspend a fire fighter [or |
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| 152 | 152 | | police officer] under this section only if the fire fighter |
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| 153 | 153 | | [person] violates a civil service rule. However, the department |
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| 154 | 154 | | head may not suspend a fire fighter [or police officer] later than |
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| 155 | 155 | | the 180th day after the date the department discovers or becomes |
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| 156 | 156 | | aware of the civil service rule violation. If, during an |
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| 157 | 157 | | investigation of an alleged civil service rule violation, it is |
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| 158 | 158 | | alleged that the fire fighter [or police officer] under |
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| 159 | 159 | | investigation committed another violation of a civil service rule |
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| 160 | 160 | | connected with the first alleged violation, the 180-day period |
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| 161 | 161 | | prescribed by this subsection does not begin again for purposes of a |
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| 162 | 162 | | suspension of the fire fighter [or police officer] if the second |
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| 163 | 163 | | violation in question does not involve untruthfulness or refusal to |
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| 164 | 164 | | obey a valid order to make a statement, and therefore the department |
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| 165 | 165 | | head may not suspend a fire fighter [or police officer] for the |
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| 166 | 166 | | second violation later than the 180th day after the date the |
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| 167 | 167 | | department discovers or becomes aware of the original violation. |
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| 168 | 168 | | (b-1) The department head may suspend a police officer under |
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| 169 | 169 | | this section only if the police officer violates a civil service |
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| 170 | 170 | | rule. Subject to Subsection (a-1), the department head may not |
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| 171 | 171 | | suspend a police officer later than the 360th day after the date the |
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| 172 | 172 | | department discovers or becomes aware of the civil service rule |
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| 173 | 173 | | violation. |
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| 174 | 174 | | (d) The suspension of a fire fighter is void and the fire |
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| 175 | 175 | | fighter [or police officer] is entitled to the fire fighter's |
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| 176 | 176 | | [person's] full pay if: |
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| 177 | 177 | | (1) the department head fails to file the statement |
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| 178 | 178 | | during the required time; or |
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| 179 | 179 | | (2) the suspension is imposed later than the 180th day |
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| 180 | 180 | | after the date the department discovers or becomes aware of the |
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| 181 | 181 | | violation that resulted in the suspension. |
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| 182 | 182 | | (d-1) The suspension of a police officer is void and the |
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| 183 | 183 | | police officer is entitled to the police officer's full pay if: |
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| 184 | 184 | | (1) the department head fails to file the statement |
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| 185 | 185 | | during the required time; or |
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| 186 | 186 | | (2) the suspension is imposed later than: |
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| 187 | 187 | | (A) the 730th day after the date the act for which |
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| 188 | 188 | | the officer was suspended occurred; or |
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| 189 | 189 | | (B) the 360th day after the date the department |
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| 190 | 190 | | discovers or becomes aware of the violation that resulted in the |
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| 191 | 191 | | suspension. |
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| 192 | 192 | | SECTION 6. Section 143.119, Local Government Code, is |
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| 193 | 193 | | amended by adding Subsections (a-1) and (h) and amending Subsection |
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| 194 | 194 | | (g) to read as follows: |
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| 195 | 195 | | (a-1) The department head of a police department may not |
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| 196 | 196 | | suspend a police officer under this section for an act that occurred |
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| 197 | 197 | | earlier than the 730th day before the date the officer is suspended. |
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| 198 | 198 | | (g) In the original written statement and charges and in any |
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| 199 | 199 | | hearing conducted under this chapter involving a fire fighter, the |
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| 200 | 200 | | department head may not complain of an act that did not occur within |
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| 201 | 201 | | the six-month period preceding the date on which the department |
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| 202 | 202 | | head suspends the fire fighter [or police officer]. |
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| 203 | 203 | | (h) Subject to Subsection (a-1), in the original written |
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| 204 | 204 | | statement and charges and in any hearing conducted under this |
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| 205 | 205 | | chapter involving a police officer, the department head may not |
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| 206 | 206 | | complain of an act that was not discovered within the 360-day period |
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| 207 | 207 | | preceding the date on which the department head suspends the police |
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| 208 | 208 | | officer. |
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| 209 | 209 | | SECTION 7. Section 143.307, Local Government Code, is |
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| 210 | 210 | | amended by amending Subsections (a) and (b) and adding Subsection |
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| 211 | 211 | | (d) to read as follows: |
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| 212 | 212 | | (a) Except as provided by Subsection (d), an [An] agreement |
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| 213 | 213 | | under this subchapter supersedes a previous statute concerning |
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| 214 | 214 | | wages, salaries, rates of pay, hours of work, or other terms and |
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| 215 | 215 | | conditions of employment to the extent of any conflict with the |
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| 216 | 216 | | statute. |
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| 217 | 217 | | (b) Except as provided by Subsection (d), an [An] agreement |
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| 218 | 218 | | under this subchapter preempts any contrary statute, executive |
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| 219 | 219 | | order, local ordinance, or rule adopted by the state or a political |
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| 220 | 220 | | subdivision or agent of the state, including a personnel board, a |
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| 221 | 221 | | civil service commission, or a home-rule municipality. |
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| 222 | 222 | | (d) An agreement under this subchapter affecting police |
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| 223 | 223 | | officers may not conflict with and does not supersede Section |
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| 224 | 224 | | 143.052(b-1) or (i), 143.056(a-1), (c-1), or (i), 143.1017(a-1), |
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| 225 | 225 | | (c-1), or (i), 143.117(a-1), (b-1), or (d-1), or 143.119(a-1) or |
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| 226 | 226 | | (h). |
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| 227 | 227 | | SECTION 8. Section 143.361, Local Government Code, is |
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| 228 | 228 | | amended by amending Subsections (a) and (b) and adding Subsection |
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| 229 | 229 | | (d) to read as follows: |
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| 230 | 230 | | (a) Except as provided by Subsection (d), a [A] written |
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| 231 | 231 | | agreement ratified under this subchapter between a public employer |
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| 232 | 232 | | and the bargaining agent supersedes a previous statute concerning |
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| 233 | 233 | | wages, salaries, rates of pay, hours of work, and other terms of |
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| 234 | 234 | | employment other than pension benefits to the extent of any |
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| 235 | 235 | | conflict with the previous statute. |
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| 236 | 236 | | (b) Except as provided by Subsection (d), a [A] written |
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| 237 | 237 | | agreement ratified under this subchapter preempts all contrary |
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| 238 | 238 | | local ordinances, executive orders, legislation, or rules adopted |
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| 239 | 239 | | by the state or a political subdivision or agent of the state, such |
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| 240 | 240 | | as a personnel board, a civil service commission, or a home-rule |
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| 241 | 241 | | municipality. |
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| 242 | 242 | | (d) An agreement under this subchapter may not conflict with |
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| 243 | 243 | | and does not supersede Section 143.052(b-1) or (i), 143.056(a-1), |
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| 244 | 244 | | (c-1), or (i), 143.1017(a-1), (c-1), or (i), 143.117(a-1), (b-1), |
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| 245 | 245 | | or (d-1), or 143.119(a-1) or (h). |
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| 246 | 246 | | SECTION 9. Section 174.005, Local Government Code, is |
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| 247 | 247 | | amended to read as follows: |
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| 248 | 248 | | Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as |
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| 249 | 249 | | provided by Subsection (b), this [This] chapter preempts all |
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| 250 | 250 | | contrary local ordinances, executive orders, legislation, or rules |
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| 251 | 251 | | adopted by the state or by a political subdivision or agent of the |
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| 252 | 252 | | state, including a personnel board, civil service commission, or |
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| 253 | 253 | | home-rule municipality. |
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| 254 | 254 | | (b) This chapter does not authorize the adoption or |
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| 255 | 255 | | implementation of an agreement affecting municipal police officers |
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| 256 | 256 | | that conflicts with Section 143.052(b-1) or (i), 143.056(a-1), |
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| 257 | 257 | | (c-1), or (i), 143.1017(a-1), (c-1), or (i), 143.117(a-1), (b-1), |
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| 258 | 258 | | or (d-1), or 143.119(a-1) or (h) if the municipality has adopted |
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| 259 | 259 | | Chapter 143. An agreement adopted under this chapter must |
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| 260 | 260 | | implement those sections in that municipality. |
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| 261 | 261 | | SECTION 10. The changes in law made by this Act apply only |
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| 262 | 262 | | to a disciplinary action for conduct that occurs on or after |
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| 263 | 263 | | September 1, 2021. Conduct that occurs before that date is governed |
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| 264 | 264 | | by the law in effect immediately before that date, and the former |
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| 265 | 265 | | law is continued in effect for that purpose. |
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| 266 | 266 | | SECTION 11. Sections 142.067(b), 143.307(d), 143.361(d), |
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| 267 | 267 | | and 174.005(b), Local Government Code, as added by this Act, apply |
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| 268 | 268 | | only to an agreement entered into or renewed on or after September |
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| 269 | 269 | | 1, 2021. An agreement entered into or renewed before September 1, |
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| 270 | 270 | | 2021, is governed by the law in effect on the date the agreement was |
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| 271 | 271 | | entered into or renewed, and the former law is continued in effect |
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| 272 | 272 | | for that purpose. |
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| 273 | 273 | | SECTION 12. This Act takes effect September 1, 2021. |
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