Texas 2023 - 88th Regular

Texas House Bill HB413 Compare Versions

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1	1	88R1079 SCL-F
2	2	By: Thompson of Harris H.B. No. 413
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a progressive disciplinary matrix for police officer
8	8	misconduct in certain municipalities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 142, Local Government
11	11	Code, is amended by adding Section 142.0605 to read as follows:
12	12	Sec. 142.0605. PROGRESSIVE DISCIPLINARY MATRIX. (a) A
13	13	public employer shall implement a progressive disciplinary matrix,
14	14	as described by Section 143.0511, for municipal police officers if
15	15	the municipality has not adopted Chapter 143.
16	16	(b) The public employer shall adopt rules necessary to
17	17	implement the progressive disciplinary matrix.
18	18	SECTION 2. Section 142.067, Local Government Code, is
19	19	amended to read as follows:
20	20	Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
21	21	(a) Except as provided by Subsection (b), a [A] written meet and
22	22	confer agreement ratified under this subchapter preempts, during
23	23	the term of the agreement and to the extent of any conflict, all
24	24	contrary state statutes, local ordinances, executive orders, civil
25	25	service provisions, or rules adopted by the head of the law
26	26	enforcement agency or municipality or by a division or agent of the
27	27	municipality, such as a personnel board or a civil service
28	28	commission.
29	29	(b) An agreement under this subchapter:
30	30	(1) must implement the progressive disciplinary
31	31	matrix established under Section 142.0605 or 143.0511; and
32	32	(2) may not conflict with and does not supersede a
33	33	statute, ordinance, order, civil service provision, or rule
34	34	concerning the disciplinary actions that may be imposed on a police
35	35	officer under the progressive disciplinary matrix.
36	36	SECTION 3. Section 143.003, Local Government Code, is
37	37	amended by adding Subdivision (6) to read as follows:
38	38	(6) "Progressive disciplinary matrix" means a formal
39	39	schedule for disciplinary actions that may be taken against a
40	40	police officer as described by Section 143.0511.
41	41	SECTION 4. Section 143.008, Local Government Code, is
42	42	amended by amending Subsection (c) and adding Subsection (c-1) to
43	43	read as follows:
44	44	(c) The commission shall adopt rules that prescribe cause
45	45	for removal or suspension of a fire fighter [or police officer]. The
46	46	rules must comply with the grounds for removal prescribed by
47	47	Section 143.051.
48	48	(c-1) The commission shall adopt rules that prescribe the
49	49	disciplinary actions that may be taken against a police officer
50	50	under a progressive disciplinary matrix.
51	51	SECTION 5. Subchapter D, Chapter 143, Local Government
52	52	Code, is amended by adding Section 143.0511 to read as follows:
53	53	Sec. 143.0511. PROGRESSIVE DISCIPLINARY MATRIX. (a) The
54	54	commission shall implement a progressive disciplinary matrix for
55	55	infractions committed by police officers that consists of a range
56	56	of progressive disciplinary actions applied in a standardized way
57	57	based on the nature of the infraction and the officer's prior
58	58	conduct record, including removal, suspension, change of duty or
59	59	assignment, demotion, deduction of points from a promotional
60	60	examination grade, retraining, a written warning, or a written
61	61	reprimand.
62	62	(b) The progressive disciplinary matrix must include:
63	63	(1) standards for disciplinary actions relating to the
64	64	use of force against another person, including the failure to
65	65	de-escalate force incidents in accordance with departmental
66	66	policy;
67	67	(2) standards for evaluating the level of discipline
68	68	appropriate for uncommon infractions; and
69	69	(3) presumptive actions to be taken for each type of
70	70	infraction and any adjustment to be made based on a police officer's
71	71	previous disciplinary record.
72	72	SECTION 6. Section 143.057, Local Government Code, is
73	73	amended by amending Subsection (a) and adding Subsection (b-1) to
74	74	read as follows:
75	75	(a) In addition to the other notice requirements prescribed
76	76	by this chapter, the written notice for a promotional bypass or the
77	77	letter of disciplinary action, as applicable, issued to a fire
78	78	fighter or police officer must state that in an appeal of an
79	79	indefinite suspension, a suspension, a promotional bypass, [or] a
80	80	recommended demotion, or, if issued to a police officer, any other
81	81	disciplinary sanction, the appealing fire fighter or police officer
82	82	may elect to appeal to an independent third party hearing examiner
83	83	instead of to the commission. The letter must also state that if the
84	84	fire fighter or police officer elects to appeal to a hearing
85	85	examiner, the person waives all rights to appeal to a district court
86	86	except as provided by Subsection (j).
87	87	(b-1) A hearing examiner must presume a disciplinary action
88	88	applied to a police officer under a progressive disciplinary matrix
89	89	is reasonable unless the facts indicate that the department
90	90	inappropriately applied a category of offense to the particular
91	91	violation.
92	92	SECTION 7. Section 143.307, Local Government Code, is
93	93	amended by amending Subsections (a) and (b) and adding Subsection
94	94	(d) to read as follows:
95	95	(a) Except as provided by Subsection (d), an [An] agreement
96	96	under this subchapter supersedes a previous statute concerning
97	97	wages, salaries, rates of pay, hours of work, or other terms and
98	98	conditions of employment to the extent of any conflict with the
99	99	statute.
100	100	(b) Except as provided by Subsection (d), an [An] agreement
101	101	under this subchapter preempts any contrary statute, executive
102	102	order, local ordinance, or rule adopted by the state or a political
103	103	subdivision or agent of the state, including a personnel board, a
104	104	civil service commission, or a home-rule municipality.
105	105	(d) An agreement under this subchapter affecting police
106	106	officers:
107	107	(1) must implement the progressive disciplinary
108	108	matrix established under Section 143.0511; and
109	109	(2) may not conflict with and does not supersede a
110	110	statute, order, ordinance, or rule concerning the disciplinary
111	111	actions that may be imposed on a police officer under the
112	112	progressive disciplinary matrix.
113	113	SECTION 8. Section 143.361, Local Government Code, is
114	114	amended by amending Subsections (a) and (b) and adding Subsection
115	115	(d) to read as follows:
116	116	(a) Except as provided by Subsection (d), a [A] written
117	117	agreement ratified under this subchapter between a public employer
118	118	and the bargaining agent supersedes a previous statute concerning
119	119	wages, salaries, rates of pay, hours of work, and other terms of
120	120	employment other than pension benefits to the extent of any
121	121	conflict with the previous statute.
122	122	(b) Except as provided by Subsection (d), a [A] written
123	123	agreement ratified under this subchapter preempts all contrary
124	124	local ordinances, executive orders, legislation, or rules adopted
125	125	by the state or a political subdivision or agent of the state, such
126	126	as a personnel board, a civil service commission, or a home-rule
127	127	municipality.
128	128	(d) An agreement under this subchapter affecting police
129	129	officers:
130	130	(1) must implement the progressive disciplinary
131	131	matrix established under Section 143.0511; and
132	132	(2) may not conflict with and does not supersede an
133	133	ordinance, order, statute, or rule concerning the disciplinary
134	134	actions that may be imposed on a police officer under the
135	135	progressive disciplinary matrix.
136	136	SECTION 9. Section 174.005, Local Government Code, is
137	137	amended to read as follows:
138	138	Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as
139	139	provided by Subsection (b), this [This] chapter preempts all
140	140	contrary local ordinances, executive orders, legislation, or rules
141	141	adopted by the state or by a political subdivision or agent of the
142	142	state, including a personnel board, civil service commission, or
143	143	home-rule municipality.
144	144	(b) An agreement under this chapter may not conflict with an
145	145	ordinance, order, statute, or rule concerning the disciplinary
146	146	actions that may be imposed on municipal police officers under a
147	147	progressive disciplinary matrix implemented by the municipal
148	148	public employer.
149	149	SECTION 10. Section 174.006, Local Government Code, is
150	150	amended by amending Subsection (a) and adding Subsection (a-1) to
151	151	read as follows:
152	152	(a) Except as provided by Subsection (a-1), a [A] state or
153	153	local civil service provision prevails over a collective bargaining
154	154	contract under this chapter unless the collective bargaining
155	155	contract specifically provides otherwise.
156	156	(a-1) A collective bargaining contract affecting municipal
157	157	police officers may not conflict with a state or local civil service
158	158	provision implementing a progressive disciplinary matrix under
159	159	this chapter or other law.
160	160	SECTION 11. Subchapter B, Chapter 174, Local Government
161	161	Code, is amended by adding Section 174.024 to read as follows:
162	162	Sec. 174.024. PROGRESSIVE DISCIPLINARY MATRIX FOR CERTAIN
163	163	POLICE OFFICERS. (a) A municipal public employer shall implement a
164	164	progressive disciplinary matrix, as described by Section 143.0511,
165	165	for municipal police officers if the municipality has not adopted
166	166	Chapter 143.
167	167	(b) The municipal public employer shall adopt rules
168	168	necessary to implement the progressive disciplinary matrix.
169	169	SECTION 12. The changes in law made by this Act to the Local
170	170	Government Code apply only to a disciplinary action for conduct
171	171	that occurs on or after March 1, 2024. Conduct that occurs before
172	172	that date is governed by the law in effect immediately before that
173	173	date, and the former law is continued in effect for that purpose.
174	174	SECTION 13. Sections 142.067(b), 143.307(d), 143.361(d),
175	175	174.005(b), and 174.006(a-1), Local Government Code, as added by
176	176	this Act, apply only to an agreement entered into or renewed on or
177	177	after March 1, 2024. An agreement entered into or renewed before
178	178	March 1, 2024, is governed by the law in effect on the date the
179	179	agreement was entered into or renewed, and the former law is
180	180	continued in effect for that purpose.
181	181	SECTION 14. (a) The Bill Blackwood Law Enforcement
182	182	Management Institute of Texas shall consult with law enforcement
183	183	agencies of all sizes, law enforcement associations, law
184	184	enforcement training experts, and appropriate organizations
185	185	engaged in the development of law enforcement policy to develop a
186	186	model progressive disciplinary matrix, as defined by Section
187	187	143.003(6), Local Government Code, as added by this Act, and
188	188	associated training materials regarding the application of that
189	189	matrix. The institute shall provide for a period of public comment
190	190	before adopting the model progressive disciplinary matrix and
191	191	training materials.
192	192	(b) Not later than January 1, 2024, the institute shall
193	193	adopt and disseminate the model progressive disciplinary matrix and
194	194	training materials to all law enforcement agencies and civil
195	195	service commissions in this state.
196	196	(c) This section expires September 1, 2024.
197	197	SECTION 15. This Act takes effect September 1, 2023.