By: Holland H.B. No. 4842
A BILL TO BE ENTITLED
AN ACT
relating to municipal civil service for fire fighters and police
officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 143.003, Local Government Code, is
amended by adding new subsection (6) to read as follows:
(6) "Civilian Oversight Commission" means any
civilian body created or appointed by a political subdivision to
practice oversight, monitoring, or investigations of fire fighters
or law enforcement officers or departments.
SECTION 2. Chapter 143, Local Government Code is amended by
adding a new Section 143.017 to read as follows:
Sec. 143.017. INVESTIGATIONS OF EMPLOYEES. For purposes of
this Chapter, an investigation shall not be performed by a civilian
oversight commission, as defined in 143.003, Local Government
Code.
SECTION 3. Section 143.089(3), Local Government Code, is
amended by amending subsection (b) and adding new subsections (i)
and (j) to read as follows:
Sec. 143.089. PERSONNEL FILE. (a) The director or the
director's designee shall maintain a personnel file on each fire
fighter and police officer. The personnel file must contain any
letter, memorandum, or document relating to:
(1) a commendation, congratulation, or honor bestowed
on the fire fighter or police officer by a member of the public or by
the employing department for an action, duty, or activity that
relates to the person's official duties;
(2) any misconduct by the fire fighter or police
officer if the letter, memorandum, or document is from the
employing department and if the misconduct resulted in disciplinary
action by the employing department in accordance with this chapter;
and
(3) the periodic evaluation of the fire fighter or
police officer by a supervisor.
(b) A letter, memorandum, or document relating to alleged
misconduct by the fire fighter or police officer may not be placed
in the person's personnel file if the employing department
determines that there is insufficient evidence to sustain the
charge of misconduct. Letters, memorandum, or documents related to
alleged misconduct are confidential while the investigation is
pending. For purposes consistent with Section 1701.451,
Occupations Code, a law enforcement agency hiring a police officer
is entitled to view the contents of an investigation file made
confidential under this subsection.
(c) A letter, memorandum, or document relating to
disciplinary action taken against the fire fighter or police
officer or to alleged misconduct by the fire fighter or police
officer that is placed in the person's personnel file as provided by
Subsection (a)(2) shall be removed from the employee's file if the
commission finds that:
(1) the disciplinary action was taken without just
cause; or
(2) the charge of misconduct was not supported by
sufficient evidence.
(d) If a negative letter, memorandum, document, or other
notation of negative impact is included in a fire fighter's or
police officer's personnel file, the director or the director's
designee shall, within 30 days after the date of the inclusion,
notify the affected fire fighter or police officer. The fire
fighter or police officer may, on or before the 15th day after the
date of receipt of the notification, file a written response to the
negative letter, memorandum, document, or other notation.
(e) The fire fighter or police officer is entitled, on
request, to a copy of any letter, memorandum, or document placed in
the person's personnel file. The municipality may charge the fire
fighter or police officer a reasonable fee not to exceed actual cost
for any copies provided under this subsection.
(f) The director or the director's designee may not release
any information contained in a fire fighter's or police officer's
personnel file without first obtaining the person's written
permission, unless the release of the information is required by
law.
(g) A fire or police department may maintain a personnel
file on a fire fighter or police officer employed by the department
for the department's use. Except as provided by Subsection (h), the
department may not release any information contained in the
department file to any agency or person requesting information
relating to a fire fighter or police officer. The department shall
refer to the director or the director's designee a person or agency
that requests information that is maintained in the fire fighter's
or police officer's personnel file.
(h) As provided by Section 1701.451, Occupations Code, a law
enforcement agency hiring a police officer is entitled to view the
contents of the officer's personnel file maintained under
Subsection (g).
(i) Notwithstanding Subsection (b), the employing
department may disclose information for a law enforcement purpose.
(j) A local ordinance, executive order, or rule adopted by a
political subdivision may not supersede any provision in this
section.
SECTION 4. Chapter 143, Local Government Code is amended by
adding a new section 143.091 to read as follows:
Sec. 143.091. MUTUAL AGREEMENTS CONTROL. A mutual
agreement between a public employer and the bargaining agent
supersedes a local ordinance, executive order, or rule adopted by a
political subdivision.
SECTION 5. Chapter 143, Local Government Code is amended by
adding a new section 143.092 to read as follows:
Sec. 143.092. ABILITY TO SERVE ON A CIVILIAN OVERSIGHT
COMMISSION. A person who has been convicted or placed on deferred
adjudication for a felony offense, or a person who has been
convicted for a crime of moral turpitude is not eligible to serve on
a civilian oversight commission.
SECTION 6. TRANSITION PROVISIONS; EFFECTIVE DATE
SECTION 6.01. Section 143.091, Local Government Code, as
added by this Act, applies to an agreement that was in effect on
January 1, 2023.
SECTION 6.02. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2023.