Texas 2023 - 88th Regular

Texas House Bill HB4842 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Holland H.B. No. 4842
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to municipal civil service for fire fighters and police
7	7	officers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 143.003, Local Government Code, is
10	10	amended by adding new subsection (6) to read as follows:
11	11	(6) "Civilian Oversight Commission" means any
12	12	civilian body created or appointed by a political subdivision to
13	13	practice oversight, monitoring, or investigations of fire fighters
14	14	or law enforcement officers or departments.
15	15	SECTION 2. Chapter 143, Local Government Code is amended by
16	16	adding a new Section 143.017 to read as follows:
17	17	Sec. 143.017. INVESTIGATIONS OF EMPLOYEES. For purposes of
18	18	this Chapter, an investigation shall not be performed by a civilian
19	19	oversight commission, as defined in 143.003, Local Government
20	20	Code.
21	21	SECTION 3. Section 143.089(3), Local Government Code, is
22	22	amended by amending subsection (b) and adding new subsections (i)
23	23	and (j) to read as follows:
24	24	Sec. 143.089. PERSONNEL FILE. (a) The director or the
25	25	director's designee shall maintain a personnel file on each fire
26	26	fighter and police officer. The personnel file must contain any
27	27	letter, memorandum, or document relating to:
28	28	(1) a commendation, congratulation, or honor bestowed
29	29	on the fire fighter or police officer by a member of the public or by
30	30	the employing department for an action, duty, or activity that
31	31	relates to the person's official duties;
32	32	(2) any misconduct by the fire fighter or police
33	33	officer if the letter, memorandum, or document is from the
34	34	employing department and if the misconduct resulted in disciplinary
35	35	action by the employing department in accordance with this chapter;
36	36	and
37	37	(3) the periodic evaluation of the fire fighter or
38	38	police officer by a supervisor.
39	39	(b) A letter, memorandum, or document relating to alleged
40	40	misconduct by the fire fighter or police officer may not be placed
41	41	in the person's personnel file if the employing department
42	42	determines that there is insufficient evidence to sustain the
43	43	charge of misconduct. Letters, memorandum, or documents related to
44	44	alleged misconduct are confidential while the investigation is
45	45	pending. For purposes consistent with Section 1701.451,
46	46	Occupations Code, a law enforcement agency hiring a police officer
47	47	is entitled to view the contents of an investigation file made
48	48	confidential under this subsection.
49	49	(c) A letter, memorandum, or document relating to
50	50	disciplinary action taken against the fire fighter or police
51	51	officer or to alleged misconduct by the fire fighter or police
52	52	officer that is placed in the person's personnel file as provided by
53	53	Subsection (a)(2) shall be removed from the employee's file if the
54	54	commission finds that:
55	55	(1) the disciplinary action was taken without just
56	56	cause; or
57	57	(2) the charge of misconduct was not supported by
58	58	sufficient evidence.
59	59	(d) If a negative letter, memorandum, document, or other
60	60	notation of negative impact is included in a fire fighter's or
61	61	police officer's personnel file, the director or the director's
62	62	designee shall, within 30 days after the date of the inclusion,
63	63	notify the affected fire fighter or police officer. The fire
64	64	fighter or police officer may, on or before the 15th day after the
65	65	date of receipt of the notification, file a written response to the
66	66	negative letter, memorandum, document, or other notation.
67	67	(e) The fire fighter or police officer is entitled, on
68	68	request, to a copy of any letter, memorandum, or document placed in
69	69	the person's personnel file. The municipality may charge the fire
70	70	fighter or police officer a reasonable fee not to exceed actual cost
71	71	for any copies provided under this subsection.
72	72	(f) The director or the director's designee may not release
73	73	any information contained in a fire fighter's or police officer's
74	74	personnel file without first obtaining the person's written
75	75	permission, unless the release of the information is required by
76	76	law.
77	77	(g) A fire or police department may maintain a personnel
78	78	file on a fire fighter or police officer employed by the department
79	79	for the department's use. Except as provided by Subsection (h), the
80	80	department may not release any information contained in the
81	81	department file to any agency or person requesting information
82	82	relating to a fire fighter or police officer. The department shall
83	83	refer to the director or the director's designee a person or agency
84	84	that requests information that is maintained in the fire fighter's
85	85	or police officer's personnel file.
86	86	(h) As provided by Section 1701.451, Occupations Code, a law
87	87	enforcement agency hiring a police officer is entitled to view the
88	88	contents of the officer's personnel file maintained under
89	89	Subsection (g).
90	90	(i) Notwithstanding Subsection (b), the employing
91	91	department may disclose information for a law enforcement purpose.
92	92	(j) A local ordinance, executive order, or rule adopted by a
93	93	political subdivision may not supersede any provision in this
94	94	section.
95	95	SECTION 4. Chapter 143, Local Government Code is amended by
96	96	adding a new section 143.091 to read as follows:
97	97	Sec. 143.091. MUTUAL AGREEMENTS CONTROL. A mutual
98	98	agreement between a public employer and the bargaining agent
99	99	supersedes a local ordinance, executive order, or rule adopted by a
100	100	political subdivision.
101	101	SECTION 5. Chapter 143, Local Government Code is amended by
102	102	adding a new section 143.092 to read as follows:
103	103	Sec. 143.092. ABILITY TO SERVE ON A CIVILIAN OVERSIGHT
104	104	COMMISSION. A person who has been convicted or placed on deferred
105	105	adjudication for a felony offense, or a person who has been
106	106	convicted for a crime of moral turpitude is not eligible to serve on
107	107	a civilian oversight commission.
108	108	SECTION 6. TRANSITION PROVISIONS; EFFECTIVE DATE
109	109	SECTION 6.01. Section 143.091, Local Government Code, as
110	110	added by this Act, applies to an agreement that was in effect on
111	111	January 1, 2023.
112	112	SECTION 6.02. This Act takes effect immediately if it
113	113	receives a vote of two-thirds of all the members elected to each
114	114	house, as provided by Section 39, Article III, Texas Constitution.
115	115	If this Act does not receive the vote necessary for immediate
116	116	effect, this Act takes effect September 1, 2023.