87R1645 SMT-F
By: Johnson S.B. No. 333
A BILL TO BE ENTITLED
AN ACT
relating to the disciplinary suspension of police officers in
certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 142.067, Local Government Code, is
amended to read as follows:
Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
(a) Except as provided by Subsection (b), a [A] written meet and
confer agreement ratified under this subchapter preempts, during
the term of the agreement and to the extent of any conflict, all
contrary state statutes, local ordinances, executive orders, civil
service provisions, or rules adopted by the head of the law
enforcement agency or municipality or by a division or agent of the
municipality, such as a personnel board or a civil service
commission.
(b) A meet and confer agreement between a municipality or a
law enforcement agency of a municipality and a police officers
association under this subchapter may not conflict with and does
not supersede Section 143.052(b-1) or (i), 143.056(a-1), (c-1), or
(i), 143.1017(a-1), (c-1), or (i), 143.117(a-1), (b-1), or (d-1),
or 143.119(a-1) or (h) if the municipality has adopted Chapter 143.
SECTION 2. Section 143.052, Local Government Code, is
amended by adding Subsections (b-1) and (i) and amending Subsection
(h) to read as follows:
(b-1) The department head of a police department may not
suspend a police officer under this section for an act that occurred
earlier than the 730th day before the date the officer is suspended.
(h) In the original written statement and charges and in any
hearing conducted under this chapter involving a fire fighter, 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.
(i) Subject to Subsection (b-1), in the original written
statement and charges and in any hearing conducted under this
chapter involving a police officer, the department head may not
complain of an act that is discovered earlier than the 360th day
preceding the date the department head suspends the police officer.
The department head must allege that the act complained of is
related to criminal activity. The department head is not required
to prove that the police officer:
(1) had the culpable mental state for the alleged
criminal activity; or
(2) committed the alleged criminal activity beyond a
reasonable doubt.
SECTION 3. Section 143.056, Local Government Code, is
amended by adding Subsections (a-1), (c-1), and (i) and amending
Subsections (c) and (h) to read as follows:
(a-1) The department head of a police department may not
suspend a police officer under this section for an act directly
related to a felony indictment or misdemeanor complaint that
occurred earlier than the 730th day before the date the officer is
suspended.
(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) Subject to Subsection (a-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) Subject to Subsection (a-1), 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 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 4. Section 143.1017, Local Government Code, is
amended by adding Subsections (a-1), (c-1), and (i) and amending
Subsections (c) and (h) to read as follows:
(a-1) The department head of a police department may not
suspend a police officer under this section for an act directly
related to a felony indictment or misdemeanor complaint that
occurred earlier than the 730th day before the date the officer is
suspended.
(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 60 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) Subject to Subsection (a-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 60 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 any other
crime involving moral turpitude 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 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) Subject to Subsection (a-1), the department head may
order an indefinite suspension of a police officer based on an act
classified as a felony or any other crime involving moral turpitude
after the 360-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 person'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 5. Section 143.117, Local Government Code, is
amended by adding Subsections (a-1), (b-1), and (d-1) and amending
Subsections (b) and (d) to read as follows:
(a-1) The department head of a police department may not
suspend a police officer under this section for an act that occurred
earlier than the 730th day before the date the officer is suspended.
(b) The department head may suspend a fire fighter [or
police officer] under this section only if the fire fighter
[person] violates a civil service rule. However, the department
head may not suspend a fire fighter [or police officer] later than
the 180th day after the date the department discovers or becomes
aware of the civil service rule violation. If, during an
investigation of an alleged civil service rule violation, it is
alleged that the fire fighter [or police officer] under
investigation committed another violation of a civil service rule
connected with the first alleged violation, the 180-day period
prescribed by this subsection does not begin again for purposes of a
suspension of the fire fighter [or police officer] if the second
violation in question does not involve untruthfulness or refusal to
obey a valid order to make a statement, and therefore the department
head may not suspend a fire fighter [or police officer] for the
second violation later than the 180th day after the date the
department discovers or becomes aware of the original violation.
(b-1) The department head may suspend a police officer under
this section only if the police officer violates a civil service
rule. Subject to Subsection (a-1), the department head may not
suspend a police officer later than the 360th day after the date the
department discovers or becomes aware of the civil service rule
violation.
(d) The suspension of a fire fighter is void and the fire
fighter [or police officer] is entitled to the fire fighter's
[person's] full pay if:
(1) the department head fails to file the statement
during the required time; or
(2) the suspension is imposed later than the 180th day
after the date the department discovers or becomes aware of the
violation that resulted in the suspension.
(d-1) The suspension of a police officer is void and the
police officer is entitled to the police officer's full pay if:
(1) the department head fails to file the statement
during the required time; or
(2) the suspension is imposed later than:
(A) the 730th day after the date the act for which
the officer was suspended occurred; or
(B) the 360th day after the date the department
discovers or becomes aware of the violation that resulted in the
suspension.
SECTION 6. Section 143.119, Local Government Code, is
amended by adding Subsections (a-1) and (h) and amending Subsection
(g) to read as follows:
(a-1) The department head of a police department may not
suspend a police officer under this section for an act that occurred
earlier than the 730th day before the date the officer is suspended.
(g) In the original written statement and charges and in any
hearing conducted under this chapter involving a fire fighter, the
department head may not complain of an act that did not occur within
the six-month period preceding the date on which the department
head suspends the fire fighter [or police officer].
(h) Subject to Subsection (a-1), in the original written
statement and charges and in any hearing conducted under this
chapter involving a police officer, the department head may not
complain of an act that was not discovered within the 360-day period
preceding the date on which the department head suspends the police
officer.
SECTION 7. Section 143.307, Local Government Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(d) to read as follows:
(a) Except as provided by Subsection (d), an [An] agreement
under this subchapter supersedes a previous statute concerning
wages, salaries, rates of pay, hours of work, or other terms and
conditions of employment to the extent of any conflict with the
statute.
(b) Except as provided by Subsection (d), an [An] agreement
under this subchapter preempts any contrary statute, executive
order, local ordinance, or rule adopted by the state or a political
subdivision or agent of the state, including a personnel board, a
civil service commission, or a home-rule municipality.
(d) An agreement under this subchapter affecting police
officers may not conflict with and does not supersede Section
143.052(b-1) or (i), 143.056(a-1), (c-1), or (i), 143.1017(a-1),
(c-1), or (i), 143.117(a-1), (b-1), or (d-1), or 143.119(a-1) or
(h).
SECTION 8. Section 143.361, Local Government Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(d) to read as follows:
(a) Except as provided by Subsection (d), a [A] written
agreement ratified under this subchapter between a public employer
and the bargaining agent supersedes a previous statute concerning
wages, salaries, rates of pay, hours of work, and other terms of
employment other than pension benefits to the extent of any
conflict with the previous statute.
(b) Except as provided by Subsection (d), a [A] written
agreement ratified under this subchapter preempts all contrary
local ordinances, executive orders, legislation, or rules adopted
by the state or a political subdivision or agent of the state, such
as a personnel board, a civil service commission, or a home-rule
municipality.
(d) An agreement under this subchapter may not conflict with
and does not supersede Section 143.052(b-1) or (i), 143.056(a-1),
(c-1), or (i), 143.1017(a-1), (c-1), or (i), 143.117(a-1), (b-1),
or (d-1), or 143.119(a-1) or (h).
SECTION 9. Section 174.005, Local Government Code, is
amended to read as follows:
Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as
provided by Subsection (b), this [This] chapter preempts all
contrary local ordinances, executive orders, legislation, or rules
adopted by the state or by a political subdivision or agent of the
state, including a personnel board, civil service commission, or
home-rule municipality.
(b) This chapter does not authorize the adoption or
implementation of an agreement affecting municipal police officers
that conflicts with Section 143.052(b-1) or (i), 143.056(a-1),
(c-1), or (i), 143.1017(a-1), (c-1), or (i), 143.117(a-1), (b-1),
or (d-1), or 143.119(a-1) or (h) if the municipality has adopted
Chapter 143. An agreement adopted under this chapter must
implement those sections in that municipality.
SECTION 10. The changes in law made by this Act apply only
to a disciplinary action for conduct that occurs on or after
September 1, 2021. Conduct that occurs before that date is governed
by the law in effect immediately before that date, and the former
law is continued in effect for that purpose.
SECTION 11. Sections 142.067(b), 143.307(d), 143.361(d),
and 174.005(b), Local Government Code, as added by this Act, apply
only to an agreement entered into or renewed on or after September
1, 2021. An agreement entered into or renewed before September 1,
2021, is governed by the law in effect on the date the agreement was
entered into or renewed, and the former law is continued in effect
for that purpose.
SECTION 12. This Act takes effect September 1, 2021.