| 1 | 1 | | 88R32894 MZM-D |
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| 2 | 2 | | By: Goldman H.R. No. 2436 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | R E S O L U T I O N |
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| 6 | 6 | | BE IT RESOLVED by the House of Representatives of the State of |
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| 7 | 7 | | Texas, 88th Legislature, Regular Session, 2023, That House Rule 13, |
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| 8 | 8 | | Section 9(a), be suspended in part as provided by House Rule 13, |
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| 9 | 9 | | Section 9(f), to enable the conference committee appointed to |
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| 10 | 10 | | resolve the differences on House Bill 4227 (provisions governing |
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| 11 | 11 | | the municipal civil service of fire fighters or police officers in |
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| 12 | 12 | | certain municipalities) to consider and take action on the |
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| 13 | 13 | | following matter: |
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| 14 | 14 | | House Rule 13, Section 9(a)(4), is suspended to permit the |
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| 15 | 15 | | committee to add text on a matter not included in either the house |
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| 16 | 16 | | or senate version of the bill by adding the following new SECTIONS |
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| 17 | 17 | | to the bill: |
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| 18 | 18 | | SECTION 1. Section 143.003, Local Government Code, is |
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| 19 | 19 | | amended by amending Subdivision (1) and adding Subdivision (1-a) to |
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| 20 | 20 | | read as follows: |
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| 21 | 21 | | (1) "Civilian oversight board" means a board or office |
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| 22 | 22 | | established by a municipality to practice oversight, monitoring, or |
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| 23 | 23 | | investigations of fire fighters or police officers, or departments, |
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| 24 | 24 | | by members of the public who are not fire fighters or police |
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| 25 | 25 | | officers. |
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| 26 | 26 | | (1-a) "Commission" means the Fire Fighters' and Police |
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| 27 | 27 | | Officers' Civil Service Commission. |
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| 28 | 28 | | SECTION 3. Subchapter A, Chapter 143, Local Government |
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| 29 | 29 | | Code, is amended by adding Section 143.017 to read as follows: |
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| 30 | 30 | | Sec. 143.017. INVESTIGATION BY CIVILIAN OVERSIGHT BOARD |
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| 31 | 31 | | PROHIBITED. An investigation under this chapter may not be |
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| 32 | 32 | | performed by a civilian oversight board. |
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| 33 | 33 | | SECTION 4. Sections 143.089(b) and (f), Local Government |
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| 34 | 34 | | Code, are amended to read as follows: |
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| 35 | 35 | | (b) A letter, memorandum, or document relating to alleged |
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| 36 | 36 | | misconduct by the fire fighter or police officer: |
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| 37 | 37 | | (1) may not be placed in the person's personnel file if |
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| 38 | 38 | | the employing department determines that there is insufficient |
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| 39 | 39 | | evidence to sustain the charge of misconduct; and |
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| 40 | 40 | | (2) except as provided by Section 1701.451, |
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| 41 | 41 | | Occupations Code, may not be released to any agency or person |
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| 42 | 42 | | requesting the letter, memorandum, or document if there is a |
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| 43 | 43 | | pending investigation into the alleged misconduct. |
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| 44 | 44 | | (f) The director or the director's designee may not release |
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| 45 | 45 | | any information contained in a fire fighter's or police officer's |
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| 46 | 46 | | personnel file without first obtaining the person's written |
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| 47 | 47 | | permission, unless the release of the information is required by |
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| 48 | 48 | | law or for a law enforcement purpose. |
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| 49 | 49 | | SECTION 5. Subchapter F, Chapter 143, Local Government |
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| 50 | 50 | | Code, is amended by adding Sections 143.091 and 143.092 to read as |
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| 51 | 51 | | follows: |
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| 52 | 52 | | Sec. 143.091. MUTUAL AGREEMENT SUPERSEDES CERTAIN |
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| 53 | 53 | | MUNICIPAL LAW. For a municipality with a collective bargaining |
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| 54 | 54 | | agreement or a meet-and-confer agreement with the municipality's |
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| 55 | 55 | | fire department or police department, the agreement supersedes an |
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| 56 | 56 | | ordinance, executive order, or rule adopted by the municipality. |
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| 57 | 57 | | Sec. 143.092. ELIGIBILITY FOR CIVILIAN OVERSIGHT BOARD. A |
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| 58 | 58 | | person is not eligible to serve on a civilian oversight board if the |
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| 59 | 59 | | person has been: |
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| 60 | 60 | | (1) convicted of or placed on deferred adjudication |
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| 61 | 61 | | community supervision for a felony offense; or |
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| 62 | 62 | | (2) convicted of a crime of moral turpitude. |
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| 63 | 63 | | SECTION 6. Section 143.306, Local Government Code, is |
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| 64 | 64 | | amended by adding Subsection (d) to read as follows: |
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| 65 | 65 | | (d) A municipal charter, ordinance, executive order, or |
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| 66 | 66 | | rule adopted by a municipality that restricts or conditions the |
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| 67 | 67 | | authority of a public employer to enter into a written agreement |
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| 68 | 68 | | under this subchapter is void and unenforceable. |
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| 69 | 69 | | SECTION 7. Section 143.091, Local Government Code, as added |
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| 70 | 70 | | by this Act, applies to a collective bargaining agreement or a |
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| 71 | 71 | | meet-and-confer agreement that was in effect on or after January 1, |
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| 72 | 72 | | 2023. |
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| 73 | 73 | | Explanation: The changes are necessary to make certain |
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| 74 | 74 | | changes to law relating to municipal civil service systems for fire |
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| 75 | 75 | | fighters and police officers in certain municipalities. |
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