88R1079 SCL-F
By: Thompson of Harris H.B. No. 413
A BILL TO BE ENTITLED
AN ACT
relating to a progressive disciplinary matrix for police officer
misconduct in certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 142, Local Government
Code, is amended by adding Section 142.0605 to read as follows:
Sec. 142.0605. PROGRESSIVE DISCIPLINARY MATRIX. (a) A
public employer shall implement a progressive disciplinary matrix,
as described by Section 143.0511, for municipal police officers if
the municipality has not adopted Chapter 143.
(b) The public employer shall adopt rules necessary to
implement the progressive disciplinary matrix.
SECTION 2. 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) An agreement under this subchapter:
(1) must implement the progressive disciplinary
matrix established under Section 142.0605 or 143.0511; and
(2) may not conflict with and does not supersede a
statute, ordinance, order, civil service provision, or rule
concerning the disciplinary actions that may be imposed on a police
officer under the progressive disciplinary matrix.
SECTION 3. Section 143.003, Local Government Code, is
amended by adding Subdivision (6) to read as follows:
(6) "Progressive disciplinary matrix" means a formal
schedule for disciplinary actions that may be taken against a
police officer as described by Section 143.0511.
SECTION 4. Section 143.008, Local Government Code, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) The commission shall adopt rules that prescribe cause
for removal or suspension of a fire fighter [or police officer]. The
rules must comply with the grounds for removal prescribed by
Section 143.051.
(c-1) The commission shall adopt rules that prescribe the
disciplinary actions that may be taken against a police officer
under a progressive disciplinary matrix.
SECTION 5. Subchapter D, Chapter 143, Local Government
Code, is amended by adding Section 143.0511 to read as follows:
Sec. 143.0511. PROGRESSIVE DISCIPLINARY MATRIX. (a) The
commission shall implement a progressive disciplinary matrix for
infractions committed by police officers that consists of a range
of progressive disciplinary actions applied in a standardized way
based on the nature of the infraction and the officer's prior
conduct record, including removal, suspension, change of duty or
assignment, demotion, deduction of points from a promotional
examination grade, retraining, a written warning, or a written
reprimand.
(b) The progressive disciplinary matrix must include:
(1) standards for disciplinary actions relating to the
use of force against another person, including the failure to
de-escalate force incidents in accordance with departmental
policy;
(2) standards for evaluating the level of discipline
appropriate for uncommon infractions; and
(3) presumptive actions to be taken for each type of
infraction and any adjustment to be made based on a police officer's
previous disciplinary record.
SECTION 6. Section 143.057, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (b-1) 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, or, if issued to a police officer, any other
disciplinary sanction, 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 person waives all rights to appeal to a district court
except as provided by Subsection (j).
(b-1) A hearing examiner must presume a disciplinary action
applied to a police officer under a progressive disciplinary matrix
is reasonable unless the facts indicate that the department
inappropriately applied a category of offense to the particular
violation.
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:
(1) must implement the progressive disciplinary
matrix established under Section 143.0511; and
(2) may not conflict with and does not supersede a
statute, order, ordinance, or rule concerning the disciplinary
actions that may be imposed on a police officer under the
progressive disciplinary matrix.
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 affecting police
officers:
(1) must implement the progressive disciplinary
matrix established under Section 143.0511; and
(2) may not conflict with and does not supersede an
ordinance, order, statute, or rule concerning the disciplinary
actions that may be imposed on a police officer under the
progressive disciplinary matrix.
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) An agreement under this chapter may not conflict with an
ordinance, order, statute, or rule concerning the disciplinary
actions that may be imposed on municipal police officers under a
progressive disciplinary matrix implemented by the municipal
public employer.
SECTION 10. Section 174.006, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Except as provided by Subsection (a-1), a [A] state or
local civil service provision prevails over a collective bargaining
contract under this chapter unless the collective bargaining
contract specifically provides otherwise.
(a-1) A collective bargaining contract affecting municipal
police officers may not conflict with a state or local civil service
provision implementing a progressive disciplinary matrix under
this chapter or other law.
SECTION 11. Subchapter B, Chapter 174, Local Government
Code, is amended by adding Section 174.024 to read as follows:
Sec. 174.024. PROGRESSIVE DISCIPLINARY MATRIX FOR CERTAIN
POLICE OFFICERS. (a) A municipal public employer shall implement a
progressive disciplinary matrix, as described by Section 143.0511,
for municipal police officers if the municipality has not adopted
Chapter 143.
(b) The municipal public employer shall adopt rules
necessary to implement the progressive disciplinary matrix.
SECTION 12. The changes in law made by this Act to the Local
Government Code apply only to a disciplinary action for conduct
that occurs on or after March 1, 2024. 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 13. Sections 142.067(b), 143.307(d), 143.361(d),
174.005(b), and 174.006(a-1), Local Government Code, as added by
this Act, apply only to an agreement entered into or renewed on or
after March 1, 2024. An agreement entered into or renewed before
March 1, 2024, 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 14. (a) The Bill Blackwood Law Enforcement
Management Institute of Texas shall consult with law enforcement
agencies of all sizes, law enforcement associations, law
enforcement training experts, and appropriate organizations
engaged in the development of law enforcement policy to develop a
model progressive disciplinary matrix, as defined by Section
143.003(6), Local Government Code, as added by this Act, and
associated training materials regarding the application of that
matrix. The institute shall provide for a period of public comment
before adopting the model progressive disciplinary matrix and
training materials.
(b) Not later than January 1, 2024, the institute shall
adopt and disseminate the model progressive disciplinary matrix and
training materials to all law enforcement agencies and civil
service commissions in this state.
(c) This section expires September 1, 2024.
SECTION 15. This Act takes effect September 1, 2023.